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Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....ernment of the Peoples’ Republic of Bangladesh and others Vs. Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku reported in 60 DLR (AD) 147 wherein the Appellate Division held that availability of alternative remedy by way of appeal or revision will not stand on the way when the question of law a...... or a particular procedure. 40. In view of the above discussions and findings, and also the provisions of Article 35(1) of the Constitution we are of the view that in the instant writ petition the prayer challenging the legality of Metro Special Case No. 126 of 2010 is misconceived and writ-petit..Category: Civil Law | Date: | Hits: 174
Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)
....he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for rehearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ......tion from the date of knowledge and the same may be withdrawn if this Court allows this application for re‑hearing. 4. I have gone through the order book. It appears that on 5‑11‑2001 on the prayer by the learned Advocate for the opposite parties the hearing was adjourned to 8‑11‑2001, ..Category: Property Law | Date: | Hits: 73
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ney-General, he submits that the petitioner approached the concerned Authorities since 1965 for tier redress, she filed an application before the Official Liquidator also and lastly, finding no other alternative she filed a suit for specific performance of the contract but the plaint of the said sui......ts, calling upon them to withdraw, rescind and cancel the said notice but without any response and, as such, the petitioner obtained the present Rule. 3. At the time of issuance of the Rule on the prayer made on behalf of the petitioner the respondents are restrained from disturbing the petitione..Category: Business or Commercial Law | Date: | Hits: 194
Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
....unt. Consequently, the defendant No. 1 sent the plaintiff to her father's house. After few days the plaintiff gave birth to a son and she is living in her father's house in distress. Finding no other alternative she went to the house of defendant No. 1 on 29‑11‑1998 and asked the defendant No. 1...... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ..Category: Family Law | Date: | Hits: 186
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
....n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ......n Magistrate, Dhaka it became known that this case has been filed under section 10(1)(2) of the said Ain. The appointed lawyer of the petitioner filed an application for bail on 23‑3‑2004 but the prayer for bail was refused. On the prayer of the prosecution the petitioner has already been shown ..Category: Criminal Law | Date: | Hits: 60
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....is whether a police officer has power to apprehend any person under section 54 of the Code for the purpose of putting him in preventive detention and for showing him arrested in pending cases. In the alternative, whether a police officer can use section 54 of the Code for collateral purposes of dete...... DB Office GD Entry No. 1356 dated 26‑2‑2002 along with other activists of Bangladesh Chattra League. The detenus were forwarded to the Chief Metropolitan Magistrate, Dhaka on the same day with a prayer for taking them on police remand for 7 days. It was stated in the police forwarding report th..Category: Criminal Law | Date: | Hits: 70
Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)
.... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ......the date was fixed for the examination of the present petitioner, who was opposite party in the election petition. On the said date the petitioner prayed for adjournment but the tribunal rejected the prayer and fixed 11‑3‑1999 for argument. On 11‑3‑1999 the petitioner again filed an applicat..Category: Election Law | Date: | Hits: 79
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ...... Judgment Md. Abdul Quddus J.- This Criminal Appeal No. 3105 of 2003 under section 28 of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 is directed against order dated 26‑7‑2003 rejecting prayer for bail of accused‑appellant Harun‑or‑Rashid @ Harun in Nari‑o‑Shishu Case No. 639..Category: Criminal Law | Date: | Hits: 72
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
.... before the bank for encashment. After dishonour of the cheques he brought this fact to the notice of the accused-petitioner who made dilatory tactics in making payment of the money. Finding no other alternative he issued legal notice through his Advocate on 27‑11‑1999. The accused-petitioner in......called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ..Category: Criminal Law | Date: | Hits: 38
Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
....spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ......t appears that the application as per Annexure‑ 'C' has rightly been presumed by the trial Court as one under Order VII rule 10, is a belated one and under such circumstances the order refusing the prayer for return of the plaint does not call for interference but at the same time it appears furth..Category: Civil Law | Date: | Hits: 114
....without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 183.......t whereof legal action would be taken against him, which is the impugned order contained in Annexure D to the writ petition. The petitioner appeared before the respondent No. 2 on 1-1-1994 and made a prayer for holding an enquiry by examining the papers of the petitioner stating that he is the owner..
Category: Property Law | Date: | Hits: 172
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
....lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......he informant of the case has submitted application for considering the bail of appellant he should be enlarged on bail. On the other hand, the learned Deputy Attorney‑General vehemently opposed the prayer for bail and submits that the accused appellant, as one of the three masterminds, conspired t..Category: Criminal Law | Date: | Hits: 43
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ......ition of complaint. So, the process of issuing search warrant under section 98 of the Code of Criminal Procedure was not in accordance with law. But the learned Assistant Attorney-General opposes the prayer of quashment of the entire proceedings where other allegations under the Penal Code are avail..Category: Criminal Law | Date: | Hits: 49
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ......on 115(1) of the Code of Civil Procedure against an order dated 13‑7‑1999 passed by the Subordinate Judge and Artha Rin Adalat (In-charge) at Sylhet in Title Suit No. 46 of 1998, which rejected a prayer for an expert opinion. 2. Short facts for disposal of the Rule are that on 25‑9‑1991 o..Category: Property Law | Date: | Hits: 61
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......the Code of Criminal Procedure. Secondly, the tribunal actually did not dispose of the petition expressly either by allowing or by rejecting it. So, according to him, it is to be presumed that the prayer was rejected. Thirdly, the name of these two witnesses were not included in the charge‑s..Category: Criminal Law | Date: | Hits: 60
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
.... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ......lication under section 540 of the Code of Criminal Procedure for recalling the prosecution witness Nos. 1, 2, 5 and 6 but the learned Tribunal Judge by its order dated 21‑9‑2003 rejected the said prayer. Then again, the accused‑ appellants filed in other application specifically mentioning the..Category: Criminal Law | Date: | Hits: 48
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
..... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......eedy Trial Tribunal Case No. 6 of 2003 should be quashed and the petitioner already filed an application before us on 11‑3‑2003 praying to stay proceeding of the aforesaid case, but the aforesaid prayer of quashing the proceeding being not covered by the Rule issued by this Court and for other o..Category: Criminal Law | Date: | Hits: 63
State Vs. Shah Alam, 2003, 32 CLC (HCD)
....nder section 302 of the Penal Code for the murder of Jannati Khatoon and sentencing him to death. Accordingly, the impugned order of conviction and sentence is liable to be set aside. (iii) In the alternative, even assuming that the prosecution has succeeded in proving that Topi was, in fact, dec......rs and asked them to look for her. Thereafter, they all searched for Jannati in the house of neighbours and close relations but did not find her. In the following morning on 29‑6‑1998 after Fazar prayer they again searched for Jannati Khatoon in the sugarcane fields to the east of Chandihara Hat..Category: Criminal Law | Date: | Hits: 54
Haji Md. Shamsul Haque Vs. Pubali Bank Limited, 2009, 38 CLC (AD)
....tioner is set aside and the deposited amount be returned to the present petitioner. With this observation the petition is disposed of. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 75.......ned judgment and order of the High Court Division and other papers on record. 11. Since the petitioner failed to deposit the 75% of the balance auction money, the courts below rightly rejected his prayer but fact remains that the petitioner deposited 25% of the auction amount when he participated..Category: Others | Date: | Hits: 109
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
....fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ......s the petitioner is not an aggrieved person observing, amongst others, that the petitioner did not pray that, the non-approval of the dismissal order of the Head Master by the Board is illegal and no prayer has been made for directing the Board to explain as to why the approval for such dismissal ha..Category: Civil Law | Date: | Hits: 90
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