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Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ...... Appellant. S. B. Barua, Advocate - For the State. Criminal Appeal No.325 of 1987. Judgment Fazle Hussain Mohammad Habibur Rahman J.- Accused-Appellant Md. Anwar Ali was tried in absentia and convicted u/s 16 (3) read with section 16(1)(a) of the Special Powers Act, 1974 by Mr. Afzalul H......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ..Category: Criminal Law | Date: | Hits: 108
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....desh & others, 39 DLR 445. In the aforesaid case it appears that certain area of a Union Parishad adjacent to Jhalakati PouraÂshava was declared as urban area. When a by-election for the post of Chairman of Jhalakati Pourashava was going to be held excluding the newly-declared urban areas, the ......si issued under Article 102 of the Constitution the respondents were asked to show cause as to why the Notification dated 20.10.88 issued in the Bangladesh Gazette by the respondent No.1 (Annexure E) and the Notification dated 12.12.88 issued by the ElecÂtion Commission (Annexure H) so far as those......result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132...Category: Property Law | Date: | Hits: 108
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
....umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ...... Fazlul Haque, Assistant Attorney General—For the State. Criminal Appeal No.83 of 1985. Judgment Qazi Shafiuddin J. - Accused appellants Soleman, Alfi Miah alias Aktar Hossain, Somed Miah and Dudu Miah have preferred this appeal against the judgment and order of conviction and senÂtence......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ..Category: Criminal Law | Date: | Hits: 141
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......ioners Vs. Attar Ali……………......................................Opposite Party Judgment June 24, 1989. Result: The rule is discharged. Cases Referred to- Abdul Ilafiz and others Vs. Mafizuddin and others 7 D.L.R. 577; Sadindee Dev Vs. Ambica Singh Manipuri and others......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115...Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....d by the Secretary, Ministry of Local Government; Rural Development and Co-operative, Local Govt. Division vide Memo No.Sha 8/IP-277/87/174 (Annexure 'A') suspending the petitioner from the office of Chairman of Mithapukur Upazila Parishad should not be declared illegal and to have been made without..........Respondents Judgment June 26, 1989. Result: The Rule is, accordingly, made absolute. Cases Referred to- 1981 BLD (AD) 196; Hye Bhuiya Vs. SecreÂtary, Ministry of Local Govt. and Rural DevelopÂment and others 1981 BLD (AD) 196; Abdur Rashid Versus Govt. of Bangladesh 32 DLR......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......e vague, indefinite and uncertain and this manÂifests a glaring instance of non application of mind of the authority and violation of statutory provision. It is also contended that the right to hold Public OfÂfice on being elected by the people being a valuable right can not be taken away or inter..Category: Others | Date: | Hits: 175
Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)
....oner polled 1764 votes, the opposite party No.1 polled 1455 votes, the opposite party No.2 polled 1024 voted and the opposite party No.3 polled 943 votes. The petitionÂer was declared elected as the Chairman and within the period of limitation from the date of Gazette Notification, the opposite par......ment August 16, 1989. Result: The Rule is made absolute. Cases Referred to- Bristol South-East Parliamentary ElecÂtion, (1961) 3 A E L R 354; Sanaullah Vs. Election TriÂbunal, Gujrat and others, PLD 1966 Lah. 97. Lawyers Involved: Syed Ishtiaq Ahmed with Salahuddin Ahmed, Advo...... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ...... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ..Category: Election Law | Date: | Hits: 187
National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)
....was surprised to find a news item on 8.3.83 in the Bangladesh Observer to the effect that the National Bank of Bangladesh was expected to start its operation on 28.3.83 with the defendant No.3 as the Chairman, Board of Directors and the defendant No.4 as the Managing Director. The plainÂtiff having......rt Division (Dhaka) (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J National Bank Ltd.............................Petitioner Vs. Haroon Malik and Others......................Opposite Parties Judgment July 2, 1989. Result: The Ru......atter. Therefore, we do not find any ground for interference. In the result, the Rule is disÂcharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103.......dinate Judge. 6. Thereafter the defendant No.1 petitioner obÂtained the present Rule. Mr. Amirul Islam, learned Advocate for the deÂfendant-petitioner submits that the defendant-petitioner is a Public Limited Company incorporated on the 15th March, 1983. The plaintiff-opposite parÂty has stat..Category: Business or Commercial Law | Date: | Hits: 282
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....judgment and order be transmitted to the Secretary, Ministry of Home AfÂfairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......urisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Alam Ara Huq..................Petitioner Vs. The Govt. of Bangladesh, represented by the Secy., Ministry of Home Affairs and ors………………………………………….Respondents Judgment July 9, 1989. ......judgment and order be transmitted to the Secretary, Ministry of Home AfÂfairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......judgment and order be transmitted to the Secretary, Ministry of Home AfÂfairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ..Category: Criminal Law | Date: | Hits: 107
Chand Miah & Others Vs. State, 1989, 18 CLC (HCD)
....f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ...... in: 42 DLR (HD) (1990) 97. ......f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ......ribunal shall have all the powers conferred by the Code on a Court of Session exercising original Jurisdiction and a person conducting prosecution before such Special Tribunal shall be deemed to be a Public Prosecutor." 6. There is no provision in the Special Powers Act contrary to section 339C. ..Category: Procedural Law | Date: | Hits: 112
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......1.......r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......CD) (1996) 161...Category: Property Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......CD) (1996) 158. ......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......es not represent the State. 7. The learned Assistant Attorney‑General appearing on behalf of the State supporting the contention of Mr. Khondker Mahbub Hossain submits that in all such cases the Public Prosecutor represents the State and the provision has been clearly spelt out in section 265A ..Category: Criminal Law | Date: | Hits: 99
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ...... Judgment Quzi Shafiuddin J.- Lokman Miah, the condemned‑prisoner (absconding) stood trial before the learned Additional Sessions Judge, Narayanganj under sections 326/302/307 of the Penal Code and he was found guilty under section 302 and also under section 307 of the Penal Code. The learned ......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ..Category: Criminal Law | Date: | Hits: 73
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
....of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......e is also Reported in: 48 DLR (HCD) (1996) 148.......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......released under section 167(7A) of the Code of Criminal Procedure and therefore discharged the accused persons. 3. Thereafter by order dated 11.7.91 learned District Magistrate on the prayer of the Public Prosecutor revived the case under section 167(7A) of the said Code. The said provision provid..Category: Criminal Law | Date: | Hits: 82
Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)
.... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146....... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Kazi Ebadul Hoque J Md. Hamidul Haaque J Mozibul Huque …………………Petitioner Vs. State and Others……………..Opposite Party Judgment January 15, 1996. Result: The Rule is...... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146.......ch by order dated 1.1.90 the case was revived to see under what authority learned Special Judge was moved for revival of the case. It appears to us that order dated 4.11.89 being without jurisdiction Public Prosecutor might have been directed to pray for revival of the case. Whatever might be, we ar..Category: Procedural Law | Date: | Hits: 99
Category: Procedural Law | Date: | Hits: 136
Syed Nazakat Hossain alias Ujjal Vs. State, 1995, 24 CLC (HCD)
....acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ......€¦â€¦Respondent Judgment May 29, 1995. Result: The appeal is allowed. Cases Referred to- 35 DLR 119; 50 CWN 35; 36 BCR (AD) 225. Lawyers Involved: Serajul Huq with Anisul Huq and Toufika Karim, Advocates ‑ For the Appellant. Abdul Latif, Advocate ‑ For the State. C......acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ......acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ..Category: Criminal Law | Date: | Hits: 88
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......Case is also Reported in: 44 DLR (HCD) (1992) 354. ......use of action in this matter are similar. 2. The petitioner in those petitions under Article 102 of the Constitution of the People's Republic of Bangladesh moved by Abdus Samad Azad and 6 other Members of the Parliament namely, Suranjit Sen Gupta MP, Tofael Ahmed MP, Mrs. Matia Choudhury MP, R......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ...... Judgment Muhammad Ansar Ali J.-This Rule issued at the instance of the defendant petitioner in an application under section 25 of the Small Cause Courts Act is directed against the judgment and decree dated 10.9.80 passed by Mr. Hassan Amin, Subordinate Judge and SCC Judge, Pabna in Small ......ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ......ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ..Category: Civil Law | Date: | Hits: 140
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
....and are of no legal effect and why the said proceeding should not be quashed. 2. The case of the petitioner, relevant for the purpose of disposal of the Rule, is that the petitioner No.1 is the Chairman of the Board of Directors of United Commercial Bank Ltd., a banking company, incorporated a......ported in: 44 DLR (HCD) (1992) 582....... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582....... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582...Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....evision No. 644 of 1992. Judgment Habibur Rabman Khan J.- This application under section 561A of the Code of Criminal Procedure moved at the instance of the accused petitioner, the former Chairman of DIT (now RAJUK) which a Rule was issued by this court on 24.592 calling upon the Deputy ......tioner Vs. The State .................Respondents Judgment September 24, 1992. Result: The rule is discharged. Cases Referred to- Abdul Kader Chowdhury and others Vs. State, 28 DLR (AD) 38; Abdul Ali and another Vs. State 30 DLR 58; Bangladesh Vs. Ten ......cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......rb of private limited company wherein his wife is the Managing Director and they directly and indirectly obtained Pecuniary benefit in the matter of allotment of the land by abusing their Position as Public servants. It is further submitted that the land was allotted to the Persons on the plea they ..Category: Criminal Law | Date: | Hits: 81