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Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....in 1975 there was a change of Government and the political situation in Bangladesh; and the new Government of Bangladesh by a notification dated 17.1.76 (Annexure‑C) invited applications from those persons whose citizenship was cancelled by the previous Government for restoration of their citizens....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......solute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......nbaria and from generations he, his father and grandfather both paternal and maternal had been living permanently in the territory now comprised in Bangladesh. The petitioner Prof. Golam Azam had his education in this country and he was always a meritorious student. He passed Junior Madrasha Examina..Category: Immigration and Citizenship Law | Date: | Hits: 343
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
.... 13. Per contra, Mr. Mahbubey Alam, the learned Attorney-General appearing on behalf of the State-opposite-party, submits that the Act of 1973 is a special law and this law has been designed to try persons who have allegedly committed crimes specified in section 3 and because of express inapplicab......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....ery citizen to have access to impartial and independent Court's Tribunals and the exercise of that right is dependent on the independence of judiciary which can be secured only through appointment of persons of high integrity, repute and competence, strictly in accordance with the procedure prescrib......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ..Category: Constitutional Law | Date: | Hits: 228
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ......he Co-operative Society needs the acquired land. The need to state the precise public purpose the body of the notice under Section 3 is imperative, because under Section 4 of the Ordinance any person interested in the disputed property has the right to Object to the acquisition of the property chall......he Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ..Category: Property Law | Date: | Hits: 104
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....equired fees as demanded by the RAJUK. Thereupon, the purchaser Qazi Kamal applied to the RAJUK for mutation of the plot with building by enclosing a copy of the deed. In the mean time, some inimical persons of the original lessee made a complaint to RAJUK alleging that he got allotment of the plot ...... decision before the Revenue Officer, writ of mandamus may be issued upon such Revenue Officer to hear and dispose of the matter within a reasonable time after issuance of notice upon all the persons interested in the property and affording them an opportunity of being heard. 16. What’s more, t......of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ..Category: Property Law | Date: | Hits: 68
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... the Penal Code by his judgment and order dated 12.11.90, passed in Sessions Case No. 48 of 1989. By the same judgment and order the learned Additional Sessions Judge also convicted six other accused persons, namely Md. Ansar Ali, Dalil, Md. Kawsar, Md. Tawlad alias Awlad, Rashid @ Basid @ Basir and...... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489....... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489...Category: Criminal Law | Date: | Hits: 91
State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)
.... of the Explosive Substances Act was started. The responÂdent was arrested by the police on 28th February, 2010. After investigation police submitted charge sheet on 28th May, 2010 against 3 accused persons including the respondent under sections 3/4 of the Explosive Substances Act. 4. The respo......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......tionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443...Category: Criminal Law | Date: | Hits: 98
State Vs. Jabbar, 2010, 39 CLC (AD)
....y intersecÂtion. P.W.5 made similar statement. These witnesses did not implicate the responÂdent. P.W.4 simply stated that on the day of occurrence at about 11.30 a.m. he noticed altercation of 4/5 persons and pushing away of a boy, whose name was Helal. Then he said Jitu, Mizan, Zia, Jabbar and R......htly found the accused respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ......of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ......htly found the accused respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ..Category: Criminal Law | Date: | Hits: 53
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
.... the Judicial Service are not members of the civil execÂutive services, though they are in the servÂice of the Republic. But it does not mean or imply that they enjoy higher status than that of the persons belonging to the defence services, local Government and civil executive services. The servic......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......ril, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ..Category: Constitutional Law | Date: | Hits: 441
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....ndra Kumar Sinha J. - In this appeal leave was granted on two points. The first point is that if two sale deeds are executed by the same vendor in respect of the same lands in favour of two different persons on two different dates and if the deed which was executed subsequently was registered earÂl......on, this document proves the enmity between them over the suit lands. In a case where enmity is admitted it is required as a rule of produce that there should be corroboration of the evidence of such interested witÂnesses as may inspire confidence in the mind of the Court as to the truth of the fac......ost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ..Category: Procedural Law | Date: | Hits: 76
State Vs. Kazol, 2011, 40 CLC (HCD)
.... seen the Condemned Prisoner Kazol, along with the other F.I.R.-named accused Manik, Shibu Sen, Krishna Dutta and Sumon accompanying the deceased Taposh from home towards a nearby shrine. The accused persons having so taken the deceased to Malkhanagar, the informant recounts hearing that Manik and K......on (who was, therefore, not sent up in Charge Sheet) and adding the name of Akhtar above as one of the accused. 4. This is a case where the prosecution witnesses, some of whom may be deemed to be interested parties by reason of being related to the deceased one way or the other, while generally ....... Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 106
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....th the BaniaÂchang Police Station alleging commission of offence under sections 147/148/149/302/324/114/427 of the Bangladesh Penal Code read with section 1(24) of the Cattle Trespass Act against 16 persons and the case being GR Case No.30185 was registered in the Court of Upazila Magistrate Baniac......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......olute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ..Category: Criminal Law | Date: | Hits: 89
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....s of the case are that the opposite party No.1 Makbul Ahmed filed a petition of complaint before the Chief Metropolitan Magistrate against the five petitioners and two others stating that the accused persons are the directors of M/s. Nahar Shipping Lines Ltd., a Public Ltd. Company with registered H......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......€‘1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ..Category: Criminal Law | Date: | Hits: 89
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
.... issuing show cause as to why the principal opposite parties 1 to 3 (Petitioners before this Court) should not be removed from Trusteeship of the Gakul Chandra Roy Trust Estate and why other suitable persons should not be appointed as Trustees in their place and also to direct them to retain the acc...... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96....... this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96....... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96...Category: Procedural Law | Date: | Hits: 62
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....ife did not return home. On 29.3.87 the son of Haran Biswas went to Bhadagari beel to collect snails and saw beside the small tank (Apa) skinless head of a woman. He raised hue and cry whereupon many persons assembled there and found the beheaded dead body half‑dug in the mud, the people could not......ners by merciless beating and torture. It was also the case of the defence that the condemned prisoner Akhtar Hossain was brought from the place of his work at Baradi Bazar and at the instance of the interested quarter he was handed over to the police who by the application of torture and other meth...... prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ..Category: Criminal Law | Date: | Hits: 110
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....No.1 alleging, inter alia, that various incidents of offences alleged to have been committed by the petitioner and the accused No.1-Gias Uddin Al Mamun from 01.01.2003 to 31.05.2007; that the accused persons in collusion with each other having earned directly by illegal means an amount of Tk. 20,41,......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....ry, 1978 inclusive of Taka 2,85,659.20 paisa remitted by Jessore branch unauthorisedly and the co‑accused Mostafa Anwar (now deceased) drew Taka 7,51,163.10 paisa from the said account. The accused persons including the accused petitioners are liable for handling the money of the Bank as their own...... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386.......arged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386....... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386...Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
.... binding upon him as because it was obtained by fraud alleging that he did not nominate any representative but the Chairman of the Union Parishad, in order to mitigate his previous grudge, included 2 persons as representatives of the plaintiff and obtained the unanimous award. The suit was contested...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ......nce. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ..Category: Property Law | Date: | Hits: 89
Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ......r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ......election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ......r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ..Category: Election Law | Date: | Hits: 128
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ......f Act. Section 42 of the Specific Relief Act runs as follows: "Any person entitled to any legal character, or to any right as to any property may institute a suit against any person denying, or interested to deny, his title to such character or right, and Court may in its discretion make there......of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ..Category: Employment/Service Law | Date: | Hits: 71
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