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AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)

....inal case was tried by the Divisional Special Judge, Rajshahi on 30‑1‑2000. In that case petitioner was acquitted and filed petition to the respondents to withdraw the suspension order and to reinstate him in service. But the respondents without paying any heed to his prayer started departmental......he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455...

Category: Employment/Service Law | Date: | Hits: 147

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

....ondness and sense of attachment for professional dancer‑cum‑singer commonly known as Baizee (বাইজি). 16. The petitioner Mrs. Sadia Chowdhury Porag in paragraph 3 of the Writ Petition stated that Hason Raja’s ancestor Raja Birendra Chandra Singha Deb embraced Islam and adopted the ......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

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

.... 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. ...... 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)

....cused-Petitioner Vs. State……………………Opposite Parties Judgment March 24, 2010. Result: The rule is made absolute. A Court of law cannot proceed judicially on a bare statement made by such police officer to the effect that a prima facie case under certain penal prov......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

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

....2010. Being aggrieved by and dissatisfied with the petitioner has preferred the instant application and obtained the present Rule. 6. The petitioner in Writ Petition No.601 of 2011 reiterating the statements so made in Writ Petition No.9748 of 2010 further contended that about 1,000 (one thousand......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. ..

Category: Election Law | Date: | Hits: 217

Abul Khair & another Vs. State, 2002, 31 CLC (HCD)

....peal 682 of 1993. 14. Learned Advocate for the appellants refers to deposition in cross-examination of P.Ws.2, 4, 6, and 5 dated 2‑9‑1992, 23‑9‑1992, and 3‑10‑1992 and shows that P.W.2 stated that accused Abul Khair was facing north when he gave dagger blow on the chest of victim Julf......he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ..

Category: Criminal Law | Date: | Hits: 97

Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)

....proper and complete adjudication of the case. In the facts and circumstances of the case, I am in respectful agreement with the proposition of law laid down by their Lordships. 12. For the reasons stated above, I hold that the learned Assistant Judge erred in law in rejecting the petitioner’s a......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ..

Category: Property Law | Date: | Hits: 94

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

.....1 but he is obliged to file this application being inspired by an urge of duty cast on him as a citizen of Bangladesh to safeguard, protect and defend the Constitution and its supremacy. 4. It is stated that the Respondent No.1 joined the High Court Bar on 24‑9‑65 and the Supreme Court Bar o......udiciary is not intended to be an independent organ of the State. 27. Referring to the Article 146 the teamed Counsel Mr. Amir‑ul-lslam argued that Government is synonymous to Bangladesh and the affairs of the Republic of Bangladesh means the affairs of the Government of Bangladesh as Governmen..

Category: Constitutional Law | Date: | Hits: 353

Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)

....esent case the basis of taking cognizance was not the application filed by Shamsuddin but cognizance was taken by the learned Magistrate from the information gathered on perusal of case diary and the statement of witnesses recorded under sections 161 and 164 of the Code of Criminal Procedure. The le......plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ..

Category: Criminal Law | Date: | Hits: 102

Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....ont of Assam, briefly called ULFA, by the Bangladesh Government on 21-12-1997 and with the issue of his extradition to India as the Government of Bangladesh has decided to hand over him to India. He states that as Anup Chetia was charged with treason by the Indian Government he came to Bangladesh t......urpose to extradite Anup Chetia to Indian authority in order to base its international relations on the principle of ‘respect for national sovereignty and equality, non-interference in the internal affairs of other countries.’ True, that fundamental principle of state policy, here Article 25, ca..

Category: Constitutional Law | Date: | Hits: 421

Khalilur Rahman (Md.) and others Vs. Abdur Rahman Bhuiyan alias Zinnat Ali Bhuiyan & others, 1998, 27 CLC (HCD)

.... according to the petitioner in 1979 he was a minor and he attained majority on 16-5-1987. The petitioner examined several witnesses to prove the date of knowledge. He himself deposed as P.W.1 and he stated that he came to know of the transfers from Salamatullah Khan and Habibur Rahman and on obtain......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 311. ..

Category: Property Law | Date: | Hits: 113

Kazi Mokhlesur Rahman Vs. Government of the People's Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....n his place respondent No.4 has been appointed as Government Pleader from Dhaka by an order issued under the signature of the respondent No.3 which is Annexure-A to this Writ Petition. Further, it is stated that the petitioner it now aged about 55 years as his date of birth is 1st February, 1941 and......be discharged. In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost. Ed. This case is also Reported in: 49 DLR (HD) (1997) 126. ..

Category: Others | Date: | Hits: 212

Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)

.....) Syed Faruqur Rahman, is the petitioner. In this writ petition the validity of the Indemnity (Repeal) Act, 1996, and the institution of Dhanmondi PS Case No.10 (10)/1996 have been challenged. It is stated in the application that the accused Colonel Faruqur Rahman is in custody and the petitionerâ€......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ..

Category: Criminal Law | Date: | Hits: 202

Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)

....le. It is submitted that there was a preliminary inquiry report by the administrative authority and specific allegation fix­ing up responsibility of the individual accused-peti­tioner ought to have stated in first information report. Since no such specific allegation has been disclosed, the crimin......rk and submit police report as early as possible. Let a copy of the judgment and order be trans­mitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ..

Category: Criminal Law | Date: | Hits: 101

Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)

....e law is not allowed to say that he did so with an innocent mind; he is taken to know the law, and he must act within the law. He may, therefore, be guilty of malice in law, although so far as the state of his mind is concerned, he acts ignorantly and in that sense innocently, Malice of fact is...... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420...

Category: Election Law | Date: | Hits: 211

Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)

....en paying rent to the Government. Recently, the defendant claimed title in the suit land and, as such, the plaintiff filed the instant suit. 3. The defendant contested the suit by filing a written statement denying all the material allegations contending that the suit is not maintainable; it is b......d and executed after considerable deliberation, and the person expressly shown as the purchaser of transaction in the deed starts with the initial presumption in his favour that the apparent state of affairs is the real state of affairs. Though the question, whether a particular sale is benami or no..

Category: Property Law | Date: | Hits: 103

Abdul Hannan Vs. Managing Committee, Mohamma­dia Market Baboshahi Bahu­mukhi Samabaya Samity Limited, 2000, 29 CLC (HCD)

....The plaintiff has no legal right to file the suit and the suit is barred under provision of the Ordinance, 1984 and the Rules of 1987 and, as such, the plaint is liable to be rejected. It was further stated in their application that there was no election on 29‑11‑1997 in the eye of law and, as s......e the relevant provision of section 86 and section 133 of the Ordinance, 1884 may be referred to. Section 86 runs as follows: "86. Dispute to be referred to Registrar.- Any dispute touching the affairs of a co‑operative society or of the liquidator of a society shall be referred to the Regis..

Category: Procedural Law | Date: | Hits: 124

Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)

.... deeds in favour of opposite party Nos.1 and 2 but they have no title and possession in the suit. Hence, the suit. 3. The defendant opposite parties No.1 and 2 contested the suit by filing written statement denying the material allegations made in the plaint and contending, inter alia, that the p...... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ..

Category: Property Law | Date: | Hits: 114

Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)

....t and on submission of the charge sheet they were placed on trial before the Special Tribunal Judge, Court No.17, Dhaka in Special Tribunal Case No.389 of 1992. In the First Information Report it was stated that while holding investigation in Gulshan PS Case No.9 (1) 92 under sections 395/397 Penal ......ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ..

Category: Criminal Law | Date: | Hits: 74

Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)

....k and haemorrage resulting from the injuries mentioned in the post-mortem, which were ante-mortem and homicidal in nature. 9. P.W.1 Rausan Ara Begum, 14 year old daughter of deceased Abdur Rashid, states that on the night on 15-11-90 at 9-00/10-00 PM appellant Amir Hossain Dhali, accused Ayub Ali......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ..

Category: Criminal Law | Date: | Hits: 85