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State Vs. Khalilur Raman, 1998, 17 CLC (HCD)

.... the schedule to Act, constitute one or more additional Special Tribunals for such areas as may be specified by the Government and an additional Spe­cial Tribunal so constituted shall consist of one member, to be appointed by the Government, who shall be a person who is a Metropolitan Magistrate or......, 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ......, 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ..

Category: Criminal Law | Date: | Hits: 35

Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)

.... by the latter and under the said contract the builder company (accused No.5) was provided with the fund for the success of the project. The petitioners are technically termed (as borrowers) as being member of their company but they were never the actual recipients of loan of the BSRS under the proj......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46...

Category: Criminal Law | Date: | Hits: 67

Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)

....s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......were added after Rule 46 of Order 21 C.P.C. by the Calcutta High Court and that consequently the said rules 46A-46H of Order 21 were treated to be the existing law of the then East Bengal (later East Pakistan) within the jurisdiction of the then High Court of Dacca under the relevant laws made on th......s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36...

Category: Admiralty Law or Maritime Law | Date: | Hits: 212

Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)

....Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......ing that the plaintiff had title in the land in dispute and the order dated 3.10.1961 cancelling his settlement by the Board of Revenue was null and void. The appeal of the defendant Province of East Pakistan (now Bangladesh) was allowed by the learned Additional District Judge setting aside the jud......Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21...

Category: Property Law | Date: | Hits: 36

Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)

....as got link with a formidable gang of smugglers who engaged themselves in illegal business of smuggling of Indian goods to Bangladesh and Bangladeshi goods to India. It was not mentioned who were the members of the formidable gang of smugglers and in what manner the detenu had link with such gang an......ion between an independent order and the fact of independent detention. The order of detention purporting to continue an illegal detention cannot be sustained. 9. In the case of Government of East Pakistan vs. Mrs. Rowshan Bijaya Shaukat Ali Khan reported in 18 DLR (SC) 1966 at page 214 the decis...... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18...

Category: Criminal Law | Date: | Hits: 40

Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)

....missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......of action arose outside Bangladesh, that is, in Singapore where the aforesaid US Dollars have been deposited. He submits that the plaintiff may file the suit against the defendants in Singapore or in Pakistan where the head office of the appellant is situated. But from the perusal of the plaint it a......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ..

Category: Banking Law | Date: | Hits: 136

Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)

....rt the Home Minister has violated the Rules of Procedure of Parliament particularly, Rule 270 under Chapter XXVIII of the Rules of Procedure of Parliament. Rules 270 provides as follows: “270. A member while speaking shall not (i) refer to any matter which is sub judice in a court of law in ......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ..

Category: Criminal Law | Date: | Hits: 54

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)

....e minor detenu, his parents and brother in false cases but also caused the issuance of the order of detention through respondent No.2 with ulterior motive in order to harass the detenu and his family members as they refused to satisfy the respondent No.4’s demand for illegal gratification in order......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ..

Category: Criminal Law | Date: | Hits: 106

Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....gful implementation by the respondents. On the other hand, the learned Deputy Attorney- General submits that the present petitioner being the largest legal Aid Organization of Bangladesh and also the member of National Legal Aid Trust may take step for implementation of the order but from the facts ......is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11.......is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11...

Category: Criminal Law | Date: | Hits: 45

BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)

.... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325.......dance with law and eviction of the petitioners, without proper notice and without allowing sufficient time is arbitrary, illegal, without lawful authority and being violative of section 5 of the East Pakistan Government Land and Buildings (Recovery of Possession) Ordinance, 1970. In support of her c...... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325...

Category: Constitutional Law | Date: | Hits: 171

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

.... she is a highly educated lady who is a journalist by profession. Not only that she is a newscaster of BTV. She is an accomplished lady. She attended the General Session of the United Nations as a member of the Bangladesh Delegation. She along with her husband owns and manages the paper in quest......rse of justice or the due administration thereof, but it is sufficient that they should be calculated to have that effect. As to what 'calculated' means in this context has been pointed out by the Pakistan Supreme Court in the case of Abdus Salam, Editor Pakistan Observer and others Vs. The State......hin two months, in default, to undergo simple imprisonment for a period of two days only and therefore we convict and sentence her accordingly. 151. Now we come to the case of HM Ershad, the Ex-Army Chief and the former president of Bangladesh, who was convicted in a criminal case which is p..

Category: Criminal Law | Date: | Hits: 130

Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)

....tion of the factory, production planning and management skill of the petitioner it was capable to manufacture coils at the most cheap and competitive price in the world and the petitioner is the only member of the International Mosquito Coil Manufacturers Association. The petitioner being the manufa......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Government of the People’s Republic of Bangladesh and others Vs. Md. Jahangir Ali and Another, 2001, 30 CLC (HCD)

....mmittee was formed in each district and a selection committee was constituted for Kurigram district with Additional Deputy Commissioner (General) as Chairman and District Primary Education Officer as member-secretary, Principal of Government College, Kurigram, Thana Nirbahi Officer and others of the......ite Party Judgment May 27, 2001. Cases Referred To- Bangladesh Vs. Jaheruddin 1986 BLD (AD) 180; Government of Bangladesh Vs. Amir Hossain Munshi and others 1 BLC 105; Province of East Pakistan Vs. Abdul Hamid Darjee 21 DLR 824; ADC (Rev) and Assistant Custodian, Vested Property, Sira......wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 365...

Category: Procedural Law | Date: | Hits: 88

Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)

.... is condoned. Preparation of the paper book is dis­pensed with as prayed for. The petitioner is permitted to add addi­tional ground. Ed. This Case is also Reported in: VII ADC (2010) 587.......of the petitioner is not legally maintainable. 4. The learned Assistant Judge upon hear­ing the parties by order dated 30 May, 1990 rejected the plaint on the reasonings that after repeal of East Pakistan Enemy Property (lands and buildings) Administration and Disposal Order, 1966 and all rights...... is condoned. Preparation of the paper book is dis­pensed with as prayed for. The petitioner is permitted to add addi­tional ground. Ed. This Case is also Reported in: VII ADC (2010) 587...

Category: Limitation Law | Date: | Hits: 149

Faustina Pereira Vs. State, 2001, 30 CLC (HCD)

....rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414.......ral Jail, Dhaka. This memo contains the report as to the steps taken by the jail authority for facilitating release of the prisoners in question. It appears that as regards the prisoners of India and Pakistan the authority contacted High Commissions of those two countries. It further appears from th......rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414...

Category: Constitutional Law | Date: | Hits: 123

Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)

....squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ......d at the time of hearing. 6. Mr. M. I. Farooqui, the learned Advocate for the petitioners, submits that at the petitioners are citizens of Bangladesh because of their birth either in the then East Pakistan or in the independent Bangladesh; that they are permanent residents of the Mohammadpur area......squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ..

Category: Election Law | Date: | Hits: 94

State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)

....The people of Bangladesh has a right to die a natural peaceful death and not being hacked to death by a chinese axe and other weapons as alleged in this case. 15. The Judges are well advised to remember this aspect of humanity when they sit on the high alter of justice. They must remember that n......s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ..

Category: Criminal Law | Date: | Hits: 68

Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

....pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ......pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ......pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ..

Category: Constitutional Law | Date: | Hits: 201

Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)

....he view that no other successful and defeated candidate for other posts of Union Parishad did put forward any allegation in, respect of exclusion of 555 voters. Tribunal held that PW 7 was an elected member from ward No.3 and his election was also held with the exclusion of 555 voters but his electi......act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275...

Category: Election Law | Date: | Hits: 89

Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)

....3. 7. Mr. Kh. Mahbubuddin Ahmed, the learned Advocate appearing for the plaintiff-opposite party in reply submits that the defendant-petitioner as well as the defendant-opposite party being female members have ceased to be members of undivided family of late Akhtaruzzaman i.e. the original owner ......f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256.......f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256...

Category: Property Law | Date: | Hits: 113