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Shamsuzzaman Vs. State and others, 2007, 36 CLC (HCD)

....ro-Sessions Appeal No.177 of 2007 now pending in the Court of Metro-Sessions Judge, Dhaka. 2. The learned Advocate submits that the learned Metropolitan magistrate, Dhaka by his Judgment and order dated 28.12.2006 convicted the appellant petitioner under section 420 of the Penal Code and sentence......tion is accordingly disposed of. Let a copy of the order be sent to the learned Metropolitan Sessions Judge, Dhaka for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 98. ..

Category: Criminal Law | Date: | Hits: 106

M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)

....huddin with A.K.M. Asiful Haque - For petitioners. Md. Harunur Rashid - For the respondent No.2. Writ Petition No.3707 of 2003. Judgment Md. Awlad Ali J.- This Rule arises out of an order dated 24.4.2003 passed by the Joint District Judge and First Artha Rin Adalat, Dhaka allowing the ap......ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ..

Category: Limitation Law | Date: | Hits: 162

Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

.... fit and proper. 2. During pendency of the aforesaid Rule in Writ petition No.2852 of 1997 an application for modification of the Rule was filed by the petitioner whereupon this Court in its order dated 26.2.98 modified the Rule as under: 'Let a Rule Nisi be issued calling upon the respondents......proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ..

Category: Constitutional Law | Date: | Hits: 219

Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)

....Party.  Civil Revision Case No.2869 of 2004. Judgment AFM Ali Asgar J.- This rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 29-5-2000 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Miscellaneous Appeal No...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ..

Category: Property Law | Date: | Hits: 138

Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)

....amount. Upon such allegations, the Sub-Divisional Magis­trate examined the complainant and issued warrant of arrest against the accused-peti­tioners under section 406 of the Penal Code by his order dated 25.10.79. 3. In C.R. Case No.1830 of 1979 (Crl. Revision No.202/1980) the complainant-oppo......titioners. In both the cases the accused-petitioners surrendered before the Court and obtained bail. 4. The point that has been raised in support of the Rules is that a prosecution for criminal breach of trust against some of the partners of a partnership firm at the instance of another partne..

Category: Criminal Law | Date: | Hits: 87

Chairman, Ad-hoc Committee, Matler Char Non-Government Primary School Vs. Razia Sultana and others, 2007, 36 CLC (HCD)

....the Opposite Party. Civil Revision No. 4568 of 2004. Judgment Shahidul Islam J.- By this Rule the Opposite Party No.1 was called upon to show cause as to why the impugned Judgment and decree dated 30.7.2002 passed by the learned Additional District Judge, 3rd Court, Comilla in Title Appeal ......ranted by this Court dated 23.11.2004 is hereby vacated. 13. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 418. ..

Category: Civil Law | Date: | Hits: 104

lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)

....y way of inheritance exercised right of pre‑emption on laying a petition under section 96 of The Act in the Court of Assistant Judge, Hajiganj, Chandpur in respect of property conveyed in Sale deed dated 17‑9‑1994 which has been described in Schedule to Petition. Property will be known as Case...... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ..

Category: Property Law | Date: | Hits: 116

Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)

....petitioner Durga Rani Sutradhar of the original Miscellaneous Case No.105 of 1986 (probate case) has preferred this appeal under section 299 of the Succession Act, 1925 against the judgment and order dated 8‑11‑1989 passed by the learned District Judge. Narayanganj in Miscellaneous Appeal No.13/......ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ..

Category: Property Law | Date: | Hits: 113

Shafiqul Islam (Md.) & another Vs. Board of Intermediate and Secondary Education, Comilla & others, 2006, 35 CLC (HCD)

....spondent Nos.1 and 2.  Writ Petition No. 3519 of 1997. Judgment Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 5-6-1996 passed against the petitioner under thesignature of Respondent No.3 allegedly acting ......him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 62. ..

Category: Employment/Service Law | Date: | Hits: 205

Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)

....Cox's Bazar under Annual Development Programme, 1987‑88. The estimated cost of the project was Taka 1,79,59,902.00. The detailed work order was issued by the Executive Engineer vide his memo No.776 dated 2‑5‑88 and the work was scheduled to be completed by the 30th June, 1989. The respondent N...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ..

Category: Alternative Dispute Resolution | Date: | Hits: 606

Abul Hossain Azad Vs. Government of Bangladesh & Others, 2005, 34 CLC (HCD)

....f Education and 4 others to show cause as to why the order nominating the respondent No.5 as the Chairman of the managing Committee of J.K. High School, communicated Vide Memo No.Sha-11/2(2)72001/599 dated 21.6.2003, issued under the signature of the respondent No.2 shall not be declared to have bee......clared illegal and passed without any lawful authority. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ..

Category: Others | Date: | Hits: 181

Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)

.... Civil Rule being No.263(F) 2000 which has arisen out of this appeal is taken up together for disposal. 2. This appeal at the instance of the defendants is directed against the Judgment and decree dated 31.10.2000 passed by the learned Sub-ordinate Judge, fourth Court and Artha Rin Adalat, Dhaka ......the suit No.19 of 1990 on 31.03.1998 was barred by limitation; that the petitioner is not entitled to get any relief under the provisions of the specific performance of contract as the respondent has breached the terms and conditions of the agreement dated 19.12.1990 by failing to pay the remaining ..

Category: Civil Law | Date: | Hits: 102

Ataur Rahman Vs. Secretary, Ministry of Com­munication, Roads and Railway Division, Bangladesh Secretariat, Dhaka and Others, 1997, 26 CLC (HCD)

....filed by the petitioner Ataur Rahman under Article 102 of the Constitution of the People's Republic of Bangladesh a Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 2‑6‑96 (Annexure‑C) issued by the respondent No.3 in favour of respondent No.5 should no......titioner on sound footing vis‑a‑vis setting at rest the question of locus standi of the petitioner. In that case it has been held by their Lordships that when an authority over‑steps or commits breach of rule or even breach of principle of natural justice. the aggrieved person can file and mai..

Category: Civil Law | Date: | Hits: 178

Lalima Begum and another Vs. Chairman, Court of Settlement, 1st Court, Dhaka and another, 1997, 26 CLC (HCD)

....t Petition No.1514 of 1992. Judgment Gour Gopal Saha J.- This application under Article 102 of the Constitution of the People's Republic of Bangladesh is directed against the Judgment and order dated 29‑3‑92 passed by the Court of Settlement, First Court, Dhaka in Case No.776 of 1987 dismi......he Bangladesh Gazette Extraordinary dated 29thSeptember, 1986), has been made without any lawful authority and is of no legal effect. Ed. This case is also Reported in:49 DLR (HCD) (1997) 325. ..

Category: Property Law | Date: | Hits: 116

Serajul Islam Vs. State, 1996, 25 CLC (HCD)

....aka on 11‑11‑95 issued an order, in exercise of power conferred by section 3(2) of the Special Powers Act, 1974, directing the detention of the aforenamed detenue for a period of 30 days from the date of service of the said order upon the datenu. A copy of the order was served on 12-11‑95 upon......w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ..

Category: Criminal Law | Date: | Hits: 127

Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)

....Asrarul Hossain with Abdul Azim - For the Respondents.  Appeal from Original Order No.447 of 1979. Judgment Md. Altaf Hossain J.- This appeal is directed against the Judgment and order dated 28.5.82 passed by the learned Subordinate Judge 3rd Court, Dacca in Miscellaneous case No.7 of......missed the Misc. Case. The appeal is, therefore, dismissed with­out any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ..

Category: Procedural Law | Date: | Hits: 143

State Vs. Abdul Awal, 1983, 12 CLC (HCD)

....ithin meaning of section 1(6)(i) of the said Act and therefore these ore excluded from the operation of the said Act. He has taken us through various provisions of P.O. No.26 of 1972, as amended upto date and has argued that as the Board of Directors of the Sonali Bank is appointed by the Government...... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ..

Category: Others | Date: | Hits: 163

Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)

.... the Opposite Parties. Civil Revision No.2320 of 1992. Judgment Shahidul Islam J.- By this Rule the Opposite Parties were called upon to show cause as to why the impugned Judgment and decree dated 30.5.1992 passed by the learned Additional District Judge, 3rd Court, Dhaka in Title Appeal No......tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ..

Category: Civil Law | Date: | Hits: 129

Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)

....minal Appeal under section 10 of the Criminal Law Amendment Act, 1958 at the instance of Md. Abdul Hye, Md. Abu Bakar and Md. Abu Zafor Siddiky & Akhter is directed against the Judgment and order dated 30.04.2005 passed by the learned Divisional Special Judge, Rajshahi Division, Rajshahi, in Spe......under section 409 three ingredients are required. The accused must be a public servant and in such capacity, he will be entrusted or will have dominion over the property and he will commit a criminal breach of trust in respect of the property entrusted…………………………………(62) ..

Category: Criminal Law | Date: | Hits: 109

Mongal Paita Perkhiddah College Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why Memo No. শাঃ-৪/১জি-৪/২০০৪/৩২১ dated 17.06.2004 issued under the signature of respondent No.2 cancelling the Monthly Payment Order ......d to pass a reasoned order within 1(one) month from the date of receipt of a copy of this Judgment. There is no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 481. ..

Category: Others | Date: | Hits: 112