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Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

.... Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Abdul Hasib J Capital Properties Ltd…......Petitioner Vs. Government of the People's Republic of Bangladesh and others.........Opposite Parties Judgment July 3, 1991. Result: ......the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308....... Jurisdiction) Present: ARM Amirul Islam Chowdhury J Abdul Hasib J Capital Properties Ltd…......Petitioner Vs. Government of the People's Republic of Bangladesh and others.........Opposite Parties Judgment July 3, 1991. Result: The Rule ......the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308...

Category: Procedural Law | Date: | Hits: 113

Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)

....DLR (SC) 426; Hussain Bakhsh Vs. Settlement Commissioner, Rawalpindi and others, PLD 1970 (SC) 1; AFM Shah Alam Vs. Mujibul Huq and others 41 DLR (AD) 68=1989 BLD (AD) 78; the case of Nazir Ahmed Vs. Bangladesh Election Commission, 41 DLR (AD) 87=1989 BLD (AD) 103; Hazrat Ali Vs. Election Commission...... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ......al Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Selim Ullah Bahadur .........Petitioner Vs. The Election Commission and others .....................Respondents Judgment May 24, 1990. Result: ...... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ..

Category: Election Law | Date: | Hits: 177

Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)

....oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......4 DLR (HCD) (1992) 295. ......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ..

Category: Criminal Law | Date: | Hits: 95

Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....preme Court High Court Division (Special Original Jurisdiction) Present: Abdul Jalil J Quazi Shafiuddin J Mostafizur Rahman ..........Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Repub......and the affidavit­-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......fizur Rahman ..........Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic of Bangla­desh, Secretariat Building, Dhaka and others ……….Respondents. Judgment March 20, 1991. December 9, 1991. Resul......and the affidavit­-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312...

Category: Criminal Law | Date: | Hits: 113

Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)

....l Karim, the learned Counsel, appearing on behalf of her husband. 21. Mr. Md. Fazlul Karim submits that ‘‘khula’' is not a popular method nor a recognised system in this part of the country (Bangladesh) for the dissolution of marriage. He next submits that the ground for ‘khula’ Divorce...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ......nal Jurisdiction) Present: Kazi AT Manowaruddin J Sheerin Alam Chowdhury............Petitioner Vs. Captain Shamsul Alam Chowdhury.................Opposite Party (In Criminal Nos. 3451 and 3474 of 1992) Captain Shamsul Alam Chowdhury................Petitioner Vs. Sheerin Ala...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ..

Category: Family Law | Date: | Hits: 265

Tahera Nargis Syed Vs. Shamsur Rahman, Deputy In­spector General of Prisons, Dhaka Central Jail, 1989, 18 CLC (HCD)

.... there and as such the detenu could not go out. 11. It is submitted by the contemner that he has not violated any order of this Court and cannot conceive of any situation when he or any citizen of Bangladesh can disregard, flout, violate, disrespect or disobey any order of this Court. The contemn......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple im­prisonment for three (3) days. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 508. ...... No.3 Mr. Shamsur Rahman, Deputy Inspector-General of Prisons, Nazimuddin Road, Dhaka Cen­tral Jail, Dhaka to show cause why he shall not be committed for Contempt of Court for willfully vio­lating and disregarding the orders of this Court to re­lease the detenu A.T. Kamruzzaman Syed passed on 16......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple im­prisonment for three (3) days. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 508. ..

Category: Criminal Law | Date: | Hits: 124

Syed Alim Mansur Vs. Registrar, Joint Stock Compa­nies, 1989, 18 CLC (HCD)

.... others, to culture, develop and process all kinds of fish marine products and sea foods of any nature or type whatsoever whether in­land, off-shore or in the high seas within the eco­nomic zone of Bangladesh and within such permissible limits as may be allowed under the laws of Bangladesh and oth......y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this appli­cation. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ......e for registration of mortgage property with the Registrar of Joint Stock Companies. 2. The application is not opposed although no­tices were duly served upon the Registrar Joint Stock Companies and the Company and advertisement of the admission of the application and the date of hear­ing of t......y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this appli­cation. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ..

Category: Company Law | Date: | Hits: 191

Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)

....igh Court Division (Barisal Bench) (Civil Revisional Jurisdiction) Present: Qazi Shafi Uddin J Suresh Majumder and Others...........................Petitioners Vs. Government of Bangladesh & Others............Opposite Parties Judgment March 23, 1988. Result: The...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ....... This Case is also Reported in: 42 DLR (1990) 10. ...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ..

Category: Procedural Law | Date: | Hits: 82

Mahtabuddin Ahmed Vs. The Principal Secretary, President's Secretariat, Dhaka and Others, 1989, 18 CLC (HCD)

....Superintending Engineer, Road Circle, Dhaka and completed 7(seven) projects in record time as per direction of the then DCMLA and Minister-in-Charge of the Ministry of Communications, Gov­ernment of Bangladesh. In appreciation of the servic­es of the petitioner the then Chief Engineer, Roads and H......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ......Jurisdiction) Present: Abdul Matin Khan Chowdhury J Naimuddin Ahmed J Mahtabuddin Ahmed.......................Petitioner Vs. The Principal Secretary, President's Secretariat, Dhaka and Others......Respondents Judgment November 14, 1989. Result: The order passed to revi......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ..

Category: Employment/Service Law | Date: | Hits: 209

State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)

....4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ...... ......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 105

Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corrup­tion Officer & others, 2001, 30 CLC (HCD)

....gned memos directing the petitioner to remain present for search of her lockers are mala fide and without any lawful authority......................................(10) Cases Referred to- Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzzaman, Deputy Director, Bureau of Ant-‑Corruption, Dhaka and ......t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ...... the purpose of investigation of offence under sections 403/406/408/409 etc. of the Penal Code as provided in proviso (a) to section 165 CrPC. Since in the impugned Memos no case number was mentioned and no allegation of offence or accusation was disclosed and there is also no mention whether the im......t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ..

Category: Criminal Law | Date: | Hits: 305

Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)

....ession and due to business purpose, there has been a good relation between them, in course of time the accused Ka Bi Ma Iftekhar Anam on 9-6-2006 issued a cheque of Taka 13,60,000 through Islami Bank Bangladesh Ltd. Paltan Branch, Dhaka to the complainant out of outstanding liabili­ties; that the c...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......ance of the same against the accused petitioner under sec­tion 138 of the Negotiable Instruments Act, 2006 vide its order dated 3-6-2007. 3. The prosecution case, in short is that the complainant and the accused petitioner are busi­nessmen by profession and due to business purpose, there has be...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ..

Category: Criminal Law | Date: | Hits: 94

Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Abu Hena Mostafa Kamal & another…………………Petitioners Vs. Bangladesh and others…………………Respondents Judgment January 27, 2011. Result: ......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......rt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Abu Hena Mostafa Kamal & another…………………Petitioners Vs. Bangladesh and others…………………Respondents Judgment January 27, 2011. Result: The Rules ......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ..

Category: Fiscal/Taxation Law | Date: | Hits: 167

Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)

.... class of certified films should, in the interest of law and order, or in the interest of local film industry, or in any other national interest, be decertified in respect of the whole or any part of Bangladesh, it may of its own motion, by notification in the official gazette, direct that such film......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......be suspended till hearing of the Rule as prayed for. Release of the film was stayed for 4 (four) weeks by order dated 14‑12‑2002. 2. On a reference to the prayer we have noticed a very unusual and curious phenomenon i.e. prayer (A) was couched/made in the manner as follows: "A) Issue a Rul......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445...

Category: Civil Law | Date: | Hits: 210

Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)

.... went to plaintiff Moti Miah and at the time of recent survey operation, plaintiff, being in physical possession, got the property recorded in his name in the BS Khatian and thereafter took loan from Bangladesh Krishi Bank, Nasirnagar Branch, by mortgaging the suit land and was paying taxes and rent......Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ......CD) (2008) 279. ......Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ..

Category: Property Law | Date: | Hits: 121

Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)

.... For Respondent No.2. Writ Petition No.8106 of 2006. Judgment SM Ziaul Karim J.- This Rule Nisi was issued on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why insertion of section 34 in the Arth...... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ...... Court High Court Division (Special Original Jurisdiction) Present: Zinat Ara J SM Ziaul Karim J Nitai Kumar Mondol………………..Petitioner Vs. Judge, Artha Rin Adalat, and another………………..Respondents Judgment November 20, 2008. Result: The Rule ...... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ..

Category: Civil Law | Date: | Hits: 140

Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)

....002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......okanuddin Mahmud, Senior Advocate with Mohammad Mutahar Hossain, Advocate - For the Accused-Petitioner. Md. Motahar Hossain, Deputy Attorney-General with Mahbub-ul-Alam, Assistant Attorney-General and Md. Bashir Ullah, Assistant Attorney-General - For the State. Md. Khurshid Alam Khan, Advocat......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ..

Category: Criminal Law | Date: | Hits: 137

Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)

....movable proper­ties belonging to the Wahed Jute Mills Ltd. were mortgage to the respondent banks by way of equi­table mortgage along with other fixed and floating assets and as the respondent No.12 Bangladesh Shilpa Bank provided the foreign currency portion of the loan facility, the documents of ......n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not main­tainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ......n the order No.69 dated 13-5-1998 passed by the 2nd Artha Rin Adalat, Chittagong in Mortgage Suit No.6 of 1988 making the preliminary decree dated 29-8-1991 final, the said decree signed on 23-6-1998 and also the Execution Case No.215 of 2004 started on the basis of that final decree dated 23-6-1998......n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not main­tainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ..

Category: Civil Law | Date: | Hits: 134

Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)

....ent February 15, 2011. Result: Both the Rules are disposed of. Cases Referred to- Abul Kalam Shamsuddin Vs. Anti-Corruption Com­mission, 14 MLR (AD) 153; Basic Engineering Limited Vs. Bangladesh, 2006 (XIV) BLT (HCD) 328; Kazi Mukhlesur Rahman Vs. Bangladesh, 26 DLR (AD) 44. Lawy......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ...... High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J Kartic Das Gupta……………………………Petitioner Vs. Election Commission and others……………………………Respondents Judgment February 15, 2011. Result: ......¦â€¦Respondents Judgment February 15, 2011. Result: Both the Rules are disposed of. Cases Referred to- Abul Kalam Shamsuddin Vs. Anti-Corruption Com­mission, 14 MLR (AD) 153; Basic Engineering Limited Vs. Bangladesh, 2006 (XIV) BLT (HCD) 328; Kazi Mukhlesur Rahman Vs. Bangladesh, ..

Category: Election Law | Date: | Hits: 217

Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)

.................Respondents Judgment July 27, 1995 Result: The Rule is discharged. Cases Referred to- AIR 1967 (Kerala) 259; 39 DLR (AD) 59; Writ Petition No.37 of 1987 (Not reported); Bangladesh Vs. Md. Habibur Rahman alias Manu, 31 DLR (AD) 152; Jamil Huq and others Vs. Bangladesh a......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......ule is discharged. Cases Referred to- AIR 1967 (Kerala) 259; 39 DLR (AD) 59; Writ Petition No.37 of 1987 (Not reported); Bangladesh Vs. Md. Habibur Rahman alias Manu, 31 DLR (AD) 152; Jamil Huq and others Vs. Bangladesh and others, 34 DLR 125; Halsbury's Laws of Engladcsh (3rd Edition Vol-III ......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176...

Category: Constitutional Law | Date: | Hits: 353