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Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)

....lma Masud Chowdhury J Ali Azam Saial and others……………Petitioners Vs. Joynal Abedin Saial and others……………Opposite Parties Judgment January 26, 2009. Result: The Rule is made absolute. The Registration Act, 1908 (Act No. XVI of 1908); sections 28 & 87 ......itation will run from the date of knowledge and not from the date of execution of the disputed document………………..(8) Cases Referred to- 28 DLR (AD) 5; AIR (Nagpur) 550; 44 DLR 79. Lawyers Involved: Md. Hassan Ali, Advocate — For the Petitioners. Biswajit Roy, Advocate —..

Category: Administrative Law | Date: | Hits: 452

Abdul Kader Bhuiyan and 17 others Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....itioners Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others …………………………..Respondents Judgment June 4, 2008. Result: The Rules are discharged. Once compensations have been paid there remains no right in the petitioner......va Vs. Bangladesh, 1999 BLD (AD) 87 = 51 DLR (AD) 84; Bangladesh Vs. Abdul Wahab Mia, 2001 BLD (AD) 94 = 4 BLC (AD) 1; Bangladesh Vs. Samondra Narayan Mahajan, 2006 BLD (AD) 145 = 11 BLC (AD) 226. Lawyers Involved: Md. Asadullah with Md. Helal Uddin Mollah, Advocates — For the Petitioners (I..

Category: Property Law | Date: | Hits: 121

Chittagong Chamber of Commerce and Industry and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....¦â€¦â€¦â€¦â€¦Petitioner(In Writ Petition No. 2386 of 2009) Vs. Government of Bangladesh and others…………………………Respondents Judgment November 24, 2009. Result: The Rules are discharged. Principle of Interpretation of Statute It is the cardinal principle of ......to destroy any statutory provision or to render it otiose……………(32) Cases Referred to- Canada Sugar Refining Co Vs. R (1898) AC 735; Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006. Lawyers Involved: Dr. M. Zahir with Mahbub Shafique - For the petitioner (In Writ Petition No.166..

Category: Others | Date: | Hits: 107

ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)

.... M M Ruhul Amin J ATM Ali Reza Khan……………Petitioner Vs. Bangladesh Election Commission and others……………Opposite Parties Judgment August 12, 1997. Result: The Rule is made absolute. Cases Referred to- Bangladesh vs. Mirza Shahab Ispahani, 40 DLR (AD) 11...... 12, 1997. Result: The Rule is made absolute. Cases Referred to- Bangladesh vs. Mirza Shahab Ispahani, 40 DLR (AD) 116; Bond vs. The Overseers of the Parish of St. George, Hanover Square, Law Reports, Court of Common Pleas, Vol VI 1871 312. Lawyers Involved: Dr. Kamal Hossain with ..

Category: Constitutional Law | Date: | Hits: 386

Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)

....gainst the judgment and decree dated 29‑7‑99 passed by the 3rd Court of Subordinate Judge, Dhaka in Title Suit No.284 of 1993 making award dated 27‑11‑93 by Mr. Justice Abdur Rahman Chowdhury Rule of the Court under section 14 of the Arbitration Act, 1940 while First Miscellaneous Appeal No....... Corporation Vs. National Metal Craft, AIR 1981 (Delhi) 189; Indian Hosiery Works Vs. Bharat Woollen Mills, AIR 1953 (Cal) 488; Thawards Pherumal and another Vs. Union of India, AIR 1955 (SC) 468. Lawyers Involved: Abdul Wadud Bhuiyan with SM Fazlul Huq, Advocates-For the Appellant. Khonda..

Category: Alternative Dispute Resolution | Date: | Hits: 543

Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)

....ent: Mir Hashmat Ali J Monowara Khatun and another……………Petitioners Vs. Abdul Khaleque & others……………Respondents Judgment November 23, 2011. Result: The Rules are made absolute. When the defen­dants have already taken possession, a suit for permane......0 DLR 422; Alauddin Munshi Vs. Mainuddin Talukder, 14 DLR 724; Abani Mohan Saha Vs. Assistant Custodian (SDO) Vested Property, Chandpur, 39 DLR (AD) 223; Abdur Rahim Vs. Arifur Rahman, 50 DLR 166. Lawyers Involved: Golam Arshed with Md. Rafiqul Imam, NM Ahsanul Haque, Mahmud Hossain and Naznee..

Category: Procedural Law | Date: | Hits: 137

Sadiul Alam Vs. State, 2012, 41 CLC (HCD)

.... Islam Talukder J Sadiul Alam……………………………….Petitioner Vs. State…………………………………Opposite Party Judgment January 11, 2012. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A ......State, 28 DLR (AD) 38; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16; Sher Ali Vs. State, 46 DLR (AD) 67; Ram Das Vs. State of UP AIR 1974 SC 1811; Abdul Rauf Vs. State, 53 DLR 283. Lawyers Involved: Md. Khurshid Alam Khan with Mubina Asaf and Shathika Hossain, Advocates - For t..

Category: Criminal Law | Date: | Hits: 92

Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)

....zlul Karim J Md. Joynul Abedin J Pochon Rikssi Das……………..Petitioner Vs. Khuku Rani Dasi and others……………Opposite Parties Judgment June 12, 1997. Result: The Rule is discharged. Cases Referred to- Balakrisha Chetty and sons Vs. State of Madras, AIR 196......ic Roshan Khan, PLD 1971, Karachi, 531; Meher Negar Vs. Mojibur Rahman, 47 DLR 18; Abdul Khaleque (Md.) Vs. Selina Begum and State, 42 DLR 450; Adnan Afzal Vs. Capt Sher Afzal, PLD 1969 (SC) 187. Lawyers Involved: Alimuzzaman Chowdhury with Harun-ur-Rashid Khan, Giasuddin, M Salim, Ranjan Cha..

Category: Family Law | Date: | Hits: 209

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

....biding conviction to a moral certainty of the truth of the charge [Chief Justice Shaw in Webster case (Com Vs. Webster) 5 Cush (Mass) 295]……………………..(34) Exaggerated devotion to the Rule of Benefit of doubt must not nurture fanciful doubts or lingering suspicion and thereby destroy...... The State……………………………Respondent Judgment March 20, 2006. Result: The appeal is allowed in part. Fundamental and basic principles in the Administration of Criminal Law and Justice Delivery System is the innocence of alleged accused and till charges are proved beyo..

Category: Criminal Law | Date: | Hits: 98

Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)

....bdul Awal J Elite Lamps Ltd…………………Petitioner Vs. Secretary, Ministry of Industries and others………………..Respondents Judgment November 19, 2007. Result: The Rule is discharged without any order as to costs. Whether the court can direct implementation of.......…(16 & 17) Case Referred to- Professor Abdur Rahim Khan Vs. Bangladesh through the Secretary, Ministry of Industries, 7 BLT (AD) 313; Mirzaboo Steels Ltd. Vs. Bangladesh, 59 DLR 141. Lawyers Involved: Raisuddin Ahmed with Md. Arshadur Rouf (present at the hearings but not present..

Category: Constitutional Law | Date: | Hits: 334

Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)

....med J.- The heirs of the original defendants have preferred this revisional application under section 115(1) of the Code of Civil Procedure and upon hearing the learned Advocate this Court issued the Rule on the following terms: "Let the records of the case be called for and a Rule issue calling ......and others Vs. Zahiruddin Kari and others, 30 DLR (SC) 81 para 14; Jashimuddin Kanchan (Md.) Vs. Md. Ali Ashraf, 42 DLR (AD) 289 para 13B; Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 6 BLD 250. Lawyers Involved: Ahmed Nawshad Jamil, Advocate - For the Petitioner. Sk. Shamsul Alam, Advoc..

Category: Procedural Law | Date: | Hits: 133

Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)

.... Fakir (Md.) Tariqul Islam………………….………..Petitioner Vs. State and others…………………………….Opposite Parties Judgment November 20, 1996. Result: The Rule is discharged. The Criminal Law Amendment Act, 1958 (Act No. XL of 1958); section 6 (5) ......€¦â€¦â€¦â€¦.………..Petitioner Vs. State and others…………………………….Opposite Parties Judgment November 20, 1996. Result: The Rule is discharged. The Criminal Law Amendment Act, 1958 (Act No. XL of 1958); section 6 (5) Section 6(5) of the Criminal Law Amen..

Category: Criminal Law | Date: | Hits: 130

Moniruddin (Md.) Abedullah and others Vs. Controller of Examinations, Dhaka University and others, 1997, 26 CLC (HCD)

....……………………..Petitioners Vs. Controller of Examinations, Dhaka University and others…………………………….Respondents Judgment October 26, 1997. Result: The Rule is discharged. Where scope of alternative remedy by way of appeal is available in law, witho......gong Medical College and others Vs. Shahrayar Murshed, 48 DLR (AD) 33; Registrar Vs. Zakir Ahmed, 16 DLR (SC) 722; Suresh Koshy George Vs. University of Kerala and others, AIR 1969 page 198.  Lawyers Involved: M Aminul Islam with Tania Amir, Advocates - For the Petitioners. Dr. Rafiqur..

Category: Constitutional Law | Date: | Hits: 300

Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)

....dus J Bachu Miah………………………………Petitioner Vs. Samad Miah and others……………………………….Opposite‑Parties Judgment June 9, 1998. Result: The Rule is made absolute. The Penal Code, 1860 (XLV of 1860), section 148 If both parties are fou......ther there is independent corroboration of such evidence. But the Court cannot refuse to consider the same on the ground of relationship or enmity with one or other party…………………..(9) Lawyers Involved: Mujibur Rahman, Advocate ‑ For the Petitioner. Md. Abdur Rouf, Assistant A..

Category: Criminal Law | Date: | Hits: 75

Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)

....sain J Ayesha Khatun Akhtar……………………Petitioner Vs. Government of Bangladesh and another……………………Respondents Judgment February 12, 1998. Result: The Rule is made absolute. Abandoned property The property even if legally enlisted as an abandone......e is released the title vest in the real owner and the restoration of the same must be made in favour of the real owner or any person duly authorised on his behalf…………………………(3) Lawyers Involved: Md. Nawab Ali, Advocate ‑ For the Petitioner. Not Represented ‑ For the ..

Category: Property Law | Date: | Hits: 71

Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)

....ed by the DC Bogra……………………………….Petitioner Vs. Shudhir Chandra Nath………………………………..Opposite Parties Judgment March 23, 2011. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 115(1) Sco......terial evidence or mis-construction of any important documents affecting the merit of the suit………………(20) Cases Referred to- Habibur Rahman Vs. Mobarak Ali, 3 MLR 207 = 50 DLR55. Lawyers Involved: Salma Rahman, Assistant Attorney-General with Towhida Khatun, Assistant Attorne..

Category: Procedural Law | Date: | Hits: 111

Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....such view of the matter this rule should be discharged. 8. Writ Petition No.6791 of 2010 was filed against the appointments of the petitioners of afore­said four Writ petitions. This Court issued Rule in his Writ petition. It has been stated in this writ peti­tion that no person, who got appoin......s Referred to- Government of Bangladesh Vs. Md. Selim Reza, 23 BLD (AD) 193; Secretary, State of Karnataka Vs. Umadevi, (2006) 4 SCC 1; Pankosh Gupta Vs. The State of J and K, (2004) 8 SCC 353. Lawyers Involved: AM Aminuddin, Advocate - For Petitioners (In Writ Petition Nos.1796, 1798, 1799..

Category: Employment/Service Law | Date: | Hits: 148

Al-Haj Abdul Maleque GaziVs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....vernment of the People's Republic of Bangladesh being represented by the Deputy Commissioner, Chandpur and others……………………….Respondents Judgment June 3, 2007. Result: The Rule is discharged. In the absence of original documents, a court of law cannot rely on Photosta......¦â€¦â€¦â€¦(10) Without permission to move the application on the basis of the Photostat document and to obtain rule is a misconduct on the part of an Advocate…………………………(9) Lawyers Involved: Abul Kalam Mainuddin, Advocate - For the petitioner. Rubaiyat Hossain, Assis..

Category: Property Law | Date: | Hits: 73

Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)

....ner, Jhelakathi........................Defendant-Appellant-Petitioners Vs. Altaf Hossain and others...........................Opposite par­ties Judgment June 24, 2009. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 115 The co......y the High Court Division under Section 115 of the Code of Civil Procedure except where there is no mis­reading and misappreciation of the evi­dence on record………………………….(11) Law on vested property Before enlisting the property as vested property the Government should tak..

Category: Property Law | Date: | Hits: 96

Abdul Wadud Miah Vs. Bangladesh, repre­sented by the Secretary Ministry of Jute & others, 2008, 37 CLC (HCD)

.....  ASM Abdur Razzak, Advocate - For respondent No.3.  Idrisur Rahman, Advocate - For respondent No.4.  Writ Petition No. 2645 of 2007. Judgment AFM Abdur Rahman J.- This Rule Nisi, issued on 24.04.2005, has called upon the respondents to show cause as to why the Memo No......ah Khan Vs. Shah Azharuddin, 3 BLD (AD) 1423; R Vs. Secretary of State for the Home Department, 1984 1 All, Er 799; Faridsons Ltd. Vs. Pakistan, 1960 3 DLR (SC) 233; Ridge Vs. Baldwin, 1964 AC 40. Lawyers Involved: Khurshid Alam Khan, Advocate - For the petitioner.  Tofailur Rahman wit..

Category: Administrative Law | Date: | Hits: 299