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Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)

....ner Vs. Al-Arafah Islami Bank & another………………………Opposite party Judgment May 4, 2011. Result: The Rule is discharged. Case Referred to- Noor Hossain Vs. State, 7 BLC 241. Lawyers Involved: No one appears - For the Petitioner. Harun-or-Rashid, Ad......though in the petition under section 561A of the Code of Criminal Procedure in ground Nos.7 and 8 grounds are taken but the gist of the ground are that the petitioner mainly became aggrieved on the time given in the notice issued on 27-2-2006 in it was not in conformity with the time as framed u....... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ....... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ..

Category: Civil Law | Date: | Hits: 217

Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)

....ourt Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J AKM Zahirul Hoque J Shah Alam (Md.)………………………Plaintiff-petitioner Vs. Bangladesh Water Development Board……………………Defendants-Opposite Parties Judgment February ......r Development Division, Bangladesh Water Development Board, Comilla; (here we tempted to note that whenever our national poet, Kazi Nazrul Islam went to Comilla, his father-in-law's house, he spent time on the bank of river Gomati and in some of his eternal songs river Gomati occupy considerable p......rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ..

Category: Civil Law | Date: | Hits: 195

Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)

....14, 2012. Result: The rule is made absolute. Case Referred to- Babul Chowdhury and others Vs. Reba Rani Saha and others, 15 BLD 644. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Petitioner. Md. Abdul Majid, Advocate - For the Opposite-Party Nos.1-10. Civil R......e impugned Judgment and order violating the specific statutory provisions of Order XXI Rule 58 of the Code of Civil Procedure. So, the said Judgment and order cannot legally be sustained. At the same time, the claim and objection case of the 3rd party cannot be thrown away and is required to be adju......receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ..

Category: Civil Law | Date: | Hits: 161

Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)

....y J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ...... section 145 Cr.P.C. was drawn up by successive Magistrates over the same property, one after the other. It further appears that proceeding under section 145 Cr P.C. was drawn up more than 4 or 5 times but all subsequently dropped by orders of the High Court. In all these proceedings it was alwa......t the previous order of the Magistrate in his favour and one of the effects of the fresh proceedings would be to give the unsuccessful party a fresh start of limitation in order to bring a suit for recovery of possession. In delivering the Judgment the said Division Bench of the Calcutta High Cour......Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ..

Category: Criminal Law | Date: | Hits: 88

Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)

....nch) (Criminal Revisional Jurisdiction) Present: Abdur Rahman Chowdhury J Anwarul Hoque Chowdhury J Makhlekur Rahman………………………..Accused Petitioner Vs. The State……………………………Opposite Party Judgment October 14, 1982. Result: T...... By the tame order the learned Deputy Attorney General was directed to obtain necessary instructions in the matter before the hearing of the Rule. The learned Deputy Attorney-General, however, at the time of bearing informed us that inspite of his efforts he has neither received the necessary inst......l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ..

Category: Criminal Law | Date: | Hits: 62

Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)

....vision (Comilla Bench) (Criminal Revisional Jurisdiction) Present: Sultan Hossain Khan J Md. Abdur Rouf J Kazi Nurul Haque…………………………Petitioner Vs. The State…………………………Opposite-Party Judgment August 7, 1983. Result: The Rul......g as officer-in-charge of Mahal Sari L.S.D. has shown false delivery of 305 maunds and 30 seers of wheat and misappropriated the same. He has also falsely shown shortage of 160 maunds of wheat at the time of making over charge of the L.S.D. to his successor although he was entitled to an admissible ......ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ......ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ..

Category: Criminal Law | Date: | Hits: 70

Juman Mia Vs. Zainab Bibi, 1983, 12 CLC (HCD)

....Kamal J Juman Mia………………………Petitioner Vs. Zainab Bibi, wife of Haji Abdus Salam……………………Opposite party Judgment August 7, 1983. Result: The application is rejected. The Transfer of Property Act, 1882 (IV of 1882); section 106 In the absence...... 106 of the Transfer of Property Act. The tenant is also entitled, without prejudice to this right, to stay on till the end of a full month or a full year of the tenancy, as the case may be. If the time given is in excess of the half term of the tenancy and the tenant is able to stay on for a half......umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ......umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ..

Category: Property Law | Date: | Hits: 73

Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)

....fur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......future payment. Apart from that in the same decision which is relied upon by Mr. Mozammel Huq Bhuiyan also it was held that "even in the case of the postdated cheques intention of the drawer at the time the cheque is issued is a material test and if it appears from the circumstances of the drawer ......n 420 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......n 420 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ..

Category: Criminal Law | Date: | Hits: 67

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....……………………Respondent Judgment December 11, 1985. Result: The Rule is made absolute. Cases Referred to- Liver Siege Vs. Anderson, 1942 A.C. 206; Nakhudali Vs. M.F. Jayaratne, 1951 A.C. 66; Gholam Jilani Vs. Govt. of West Pakistan, 19 DLR (SC) 403; Baqui Baloch, 20 DLR ...... the detenue of his right of making such representation and the detaining authority also contravened the provisions of section 8(2) of the Special Powers Act, 1974 by not communicating grounds at the time he was detained or within fifteen days from the date of detention to the detenue and has not co...... At their instance the police arrested the detenue under section 54 Cr.P.C. on 22nd October, 1984 and thereafter submitted the report to the Chief Metropolitan Magistrate, Chittagong stating that for recovery of arms suspected to be in the possession of the detenue interrogation was necessary and ac......stance the police arrested the detenue under section 54 Cr.P.C. on 22nd October, 1984 and thereafter submitted the report to the Chief Metropolitan Magistrate, Chittagong stating that for recovery of arms suspected to be in the possession of the detenue interrogation was necessary and accordingly ma..

Category: Criminal Law | Date: | Hits: 78

Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)

.... petitioner's right has undisputedly accrued either under the Constitution or under any legal instrument and such right has not been given effect to. Any letter, which is not a legal instrument to create any legal right and which only lays down the policy of the Government, does not have any force o......given to the petitioners for the lands thus acquired under the East Bengal (Emergency) Requisition of Property Act, 1948. The expansion and development of the said Airport were completed in course of time but an area of 17.35 acres appertaining to Khatian Nos.394, 113 and 92 of Mouza Kafrul remained......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ..

Category: Property Law | Date: | Hits: 67

Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)

....ted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ......mation report, Araihazar Police Station Case No. 3 dated 5-10-2005 was started. Police after investigation submitted charge sheet against the accused under section 302 of the Penal Code. 4. At the time of trial, the learned Sessions Judge framed charge against the accused under section 302 of the......the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ......the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ..

Category: Criminal Law | Date: | Hits: 91

Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)

....min and others………………Opposite Parties Judgment November 26, 2008. Result: The Rule is made absolute without any order as to cost. Lawyers Involved: Md. Akteruzzaman, Advocate — For the Petitioner. No one appears — For the Opposite Parties. Civil Revision No.473......ismissed for default for the cause of non appearance of the preemptor. Thereafter on 20-8-2001 Miscellaneous Case No. 27 of 2001 under Order IX, rule 9 of the Code of Civil Procedure was filed within time. The grounds urged in the application appear to be satisfactory but the learned Judge without a......ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ......ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ..

Category: Procedural Law | Date: | Hits: 133

Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)

....e the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......n this writ petition. 3. The petitioner also filed a supplementary affidavit dated 12-4-2009 annexing some documents with the supplementary affidavit, which were not filed by the petitioner at the time of filing of this writ petition due to inadvertence. 4. Respondent No.2, the Bank contested ...... liability and on each and every occasion the petitioner undertook to repay the outstanding liabilities of the Bank; that in this circumstances the Bank was compelled to file the Artha Rin Suit for recovery of outstanding loan lawfully and the impugned order was passed by the learned Judge of th...... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ..

Category: Civil Law | Date: | Hits: 176

Bela alias Bala & another Vs. State, 2011, 40 CLC (HCD)

....vision (Criminal Miscellaneous Jurisdiction) Present: Md. Ziaul Karim J ANM Bashir Ullah J Bela alias Bala & another…………………………..Accused-Petitioners Vs. State………………………………Opposite Party Judgment March 10, 2011. Result: T......efore the Chief Judicial Magistrate, Noakhali. 5. Having unsuccessful approache for bail before the Court below, the petitioners moved this application and obtained this present Rule. 6. At the time of issuance of Rule, the petitioner No.2 Masud was granted ad-interim bail. 7. The learned......so assaulted her. They identified the accused by electric light. Having had heard the incident, locals rushed to the scene and forwarded her to local "Good hill" hospital in critical condition. After recovery she launched the prosecution on 8-6-2010 with the Kabirhat Police Station. 4. The police......e petitioners if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ..

Category: Criminal Law | Date: | Hits: 95

Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....��………………………Petitioner Vs. Bangladesh and others……………………………..Respondents Judgment August 8, 2011. Result: The Rule is discharged. Administrative Tribunal and its Jurisdiction The Constitution of Bangladesh, 1972 incorporated Article 117...... Court may seem fit and proper. 2. Along with the Rule the petitioner also obtained an order of stay of the operation of the impugned order (annexure-B) which has been subsequently extended from time to time. 3. Short facts necessary for the disposal of this Rule, as stated in the writ petit....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacated. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacated. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ..

Category: Administrative Law | Date: | Hits: 455

Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....1, 7012 of 2003, 1973 of 2005 and 4493 of 2005 are discharged. Cases Referred to- Bangladesh Vs. Commercial Trust of Bangladesh Ltd., 46 DLR (AD) 89; Sayeda Shajeda Hossain Vs. Wega Fashion Sweater (Pvt.) Ltd., 59 DLR (AD) 83; Bangladesh Vs. Fazle Karim, 42 DLR (AD) 91; Abdullah-al-Mamun Vs. ......f necessary notices and payment of compensation to the said requiring body those lands were again acquired. Some portions of the questioned land were earlier requisitioned but not acquired at the time. Those land were derequisitioned from the proceeding of LA Case No.90 of 1965-66. Those were ......s from the places wherein their homesteads are situated considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......s from the places wherein their homesteads are situated considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ..

Category: Property Law | Date: | Hits: 89

Dr. Md. Habibullah Vs. Additional Secretary and Member (Appeal and Revision) and others, 2007, 36 CLC (HCD)

....ers………..Respondents Judgment May 15, 2007. Result: The Rule is made absolute without any order as to cost. Lawyers Involved: Tanjibul Alam with Abu Khaled Al Mamun, Advocates — For the Petitioner. Md. Rezaul Islam with Sathika Hossain, Assistant Attorneys General �......ional Board of Revenue to declare by a notification in the official gazette any goods and any services in respect of which the turnover tax shall be chargeable and such declaration may be made at any time before or after the issue of notification under section 3 of the Ordinance. 23. Pursuant to ......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 704. ......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 704. ..

Category: Administrative Law | Date: | Hits: 491

Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)

....3. ......r encashment, but on 17.07.2003, 23.07.2003 and lastly on 24.07.2003 it was dishonored due to insufficient fund. Then the witness No.1 issued a legal notice to the petitioner giving him 7(seven) days time for payment of Tk. 30,00,000/-. The petitioner replied to that notice, stating that he has lost......f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ..

Category: Criminal Law | Date: | Hits: 103

Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)

....rt Division (Criminal) Present: Sharif Uddin Chaklader J Sheikh Abdul Awal J Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury……………Accused-petitioner Vs. The State and another……………Opposite parties Judgment December 12, 2006. Result: The ......a facie case for going to the trial. No interference is therefore called for with the impugned proceeding. 13. In the result, the Rule is discharged. The order of stay granted by this Court at the time of issuance of the Rule stands vacated. The trial Magistrate, Chuadanga is directed to proceed ......l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ..

Category: Criminal Law | Date: | Hits: 81

Sylhet Pulp & Paper Mills Ltd. Vs. Chairman, Second Labour Court, Katalganj, Chittagong and others, 2006, 35 CLC (HCD)

....: 13 MLR (HCD) (2008) 275. ......ement denying the first party-respondents' claim. Thereafter, the case was fixed on 27.11.2000 for hearing. On this day, the first party filed hazira and the second party filed a petition praying for time but the petition was rejected as there was none to move it in Court. Accordingly, both the part...... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 275. ...... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 275. ..

Category: Labour and Industrial Law | Date: | Hits: 190

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