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....ioner.
A.B.M. Altaf Hossain, Deputy Attorney General - For the respondents.
Writ Petition No. 2709 of 2008.
An application under Article 102 of the Constitution of the People’s Republic of Bangladesh.
Judgment
AHM Shamsuddin Choudhury J. - The Rule under adjudication, issued on 6th ......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......72 2 ALL E R 589); Attorney General of Hongkong Vs. Ng Yuen Shin (1983 2 AC 629); Council of Civil Service Unions Vs. Minister far the Civil Service, GCHQ case (1985 AC 374); R Vs. Secretary of State for Home Department, ex parte Zegiri (2002 U K H L 3); R Vs. Secretary of State for Home Department,......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
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Category: Civil Law | Date: | Hits: 218
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
....raiding party arrested the appellant from his house on 9.12.2005 and recovered fifteen militant books and three audio cassettes there from. He (appellant) was a member of J. M. B (Jamaatul Mujahedin, Bangladesh, an organization of Islamist Militants). Immediately after securing his arrest, the appel...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......rique Aziz ... .......Appellant Vs. The State ... ........Opposite Party Judgment March 15, 2012. Result: The jail appeal is allowed. Lawyers Involved: Hasna Begum, Advocate - for the appellant. Yousuf Mahmud Morshed, Assistant Attorney General - for the opposite party. ...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 119
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
....ni Unnayan Kartipakkha (RAJUK) & others……………………Respondents Judgment December 8, 2010. Result: The Rule is made absolute. Cases Referred to- CQMH Md. Ayub Ali Vs. Bangladesh, 47 DLR (AD) 71; Mrs. Amena Khatun Vs. Chairman, Court of Statement, 15 MLR (AD) 438 = 63...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgÂment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......er called "the said property") originally belonged to one Mrs. Inge Flatz (an Austrian Lady) by virtue of a lease deed dated 14-9-1965 executed by the then Dhaka Improvement Trust (DIT) in her favour for 99 years. After Liberation, since the said property became abandoned under the provisions of the...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgÂment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ..Category: Property Law | Date: | Hits: 127
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediÂately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediÂately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......te Parties. Civil Revision No.697 of 1997. Judgment Md. Momtaz Uddin Ahmed J.- The Rule was issued at the instance of the defendant No.6 on the following terms: "Let the records be called for and a Rule issue calling upon the opposite party No.1 show cause as to why the impugned judgment......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediÂately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....e-Parties Judgment April 13, 2010. Result: The rule is made absolute. Cases Referred to- AKM Rafiqul Islam Vs. State, 17 BLD 198; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69; Tofail Mohammad Vs. Crown, 6 DLR 143; Ali Ahmed Molla......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......sul Huda J.- This rule was issued on 7-7-2008 on an application under section 561A of the Code of Criminal Procedure at the instance of the accused petitioner Sheikh Hasina Wazed alias Sheikh Hasina, former Prime Minister of Bangladesh calling upon the opposite party to show cause as to why the proc......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ..Category: Criminal Law | Date: | Hits: 156
....
This Case is also Reported in:
......erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
......d.
This Case is also Reported in:
......erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 159
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....n: ......he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ...... Bangladesh and others ................. Respondents Judgment February 10, 2011. Result: The Rule is discharged. Lawyers Involved: Tanjibul Alam with Md. Anisur Rahaman, Advocates - for the Petitioner. Syed Sanaul Haque, Advocate - for the Respondent. Writ Petition No. 8642 o......he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 129
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....Original Jurisdiction) Present: Md. Joynul Abedin J Md. Awlad Ali J Mirza Hussain Haider J M Saleem Ullah Advocate, Supreme Court...................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of t......eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......tizen to safeguard and defend the Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh. The petitioner is also the Secretary General of the Association for Democratic and Constitution Advancement of Bangladesh (ADCAB) which has been working for the peo......eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....preme Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Md. Emdadul Huq J Overseas Garments Industries (Pvt.) Ltd..............Petitioner Vs. Bangladesh and others.................................Respondents Judgment January 12, 2005. ......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......sued calling upon the respondents to show cause as to why section 12 of the Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003) should not be declared ultra vires of the Constitution and why the notice for sale in auction published in the daily Prothom Alo dated 25‑3‑2004 in respect of the petitio......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ..Category: Civil Law | Date: | Hits: 129
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
....g. According to the instruction 8 Inspectors scattered themselves over the area of No.1 Gulshan maintaining liaison between them. Information revealed that two foreigners shall smuggle heroin through Bangladesh, one of them was of dark complexion and another of fair complexion and the information co...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......991 with Jail Appeal No.2197 of 1991. Judgment Mohammad Fazlul Karim J.- This Reference under section 374 of the Code of Criminal Procedure has been made by the Additional Sessions Judge, Dhaka for confirmation of the sentence of death by hanging by the neck imposed upon the condemned‑prison...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ..Category: Criminal Law | Date: | Hits: 164
Bakshu Mia Vs. Govt.of BanglaÂdesh and others, 1977, 6 CLC (AD)
....Record-For the Added Respondent No. 4. Ex-parte—Respondents Nos.2 and 3. Civil Appeal No. 56 of 1977. (From the Judgment and Order dated the 11th January, 1977 passed by the High Court of Bangladesh in Writ Petition No.10 of 1977.) Judgment Kemaluddin Hossain J. - The question of a......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ...... to cases under Special Powers Act, is the consideration of this appeal. 2. The facts leading to the appeal are, that the appellant, a cousin of deceased Montazur Rahman Chowdhury lodged a first information report on 19-9-1974 at Biswannath Police StaÂtion, alleging that the accused named therei......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG CorÂporation Ltd., 1982, 11 CLC (AD)
....urt Appellate Division (Civil) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Chairman, National Board of Revenue Bangladesh……………………Appellant Vs. M/s. GMG CorÂporation Ltd………………â...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ...... a copy of the judgment written by my learned brother Badrul Haider Chowdhury, J. and the one written by my learned brother Shahabuddin Ahmed, J. I concur with that of the latter. 3. The question for consideration in this apÂpeal is whether the mortgage deed submitted by the respondent for regi...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......er the right of pre-emption is available when the land sought to be pre-empted has already been reconveyed to the vendor, particularly when the deed of reconveyance has been executed and registered before the filing of the application for pre-emption. Both the trial Court, and the High Court Divisio......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... Court High Court Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Borhanuddin J Sheikh Hasina, Former Prime Minister and Chairman, ECNEC, Government of Bangladesh, daughter of the Father of the Nation, Late Bangabandhu Sheikh Mujibur Rahman, Village an...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......e and Upazilla: Tungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka....... Petitioner Vs. Bangladesh, represented by the Secretary for Ministry, Cabinet Division, Government of the People’s Republic of Bangladesh, Bangladesh Secr...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 133
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
....f 2003 (arising out of Mortgage Suit No.33 of 1996) rejecting the petitioner’s application filed under section 20 of the Financial Institutions Act, 1993 for appointment of an audit commissioner by Bangladesh Bank to inspect and examine his C.C. account. 2. Facts relevant for disposal of the Ru...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......titioner Vs. Rupali Bank Ltd. and others .................... Respondents Judgment February 15, 2011. Result: The Rule is discharged. Lawyers Involved: A.K.M. Faiz, Advocate - for the petitioner. Md. Imam Hasan, Advocate - for the respondents. Writ Petition No. 3664 of ...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 129
....) (1978) 169.
......any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......ndent No.1 to 3 who are partners of the registered firm named and styled as M/s. Masood Reza and Co. (hereinafter referred to as "the firm") filed an application under Article 102 of the Constitution for directing the appellant and respondents No.4 to 8 to restore to them the possession, control and......any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
..
Category: Others | Date: | Hits: 154
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
..... 2. The respondent No.1 as the writ petitioner moved the High Court Division challenging the Memo No.O:Pro:Dha:U/239(6) dated 7.1.2003 issued by the petitioner No.2, the Administrator of Waqf of Bangladesh constituting the Managing Committee of Hazrat Malek Pir Yamani (R) Nazar Waqf Estate (E.C...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ......ord- For the Petitioners. Rokanuddin Mahmud, Senior Advocate, (A.K.M. Zahirul Huq, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent No.1. Civil Petition for Leave to Appeal No.1398 of 2003. (From the judgment and order dated 25th May 2003 passed by t...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ..Category: Trust/Waqf Law | Date: | Hits: 148
.... JR Mudassir Husain CJ
Mohammad Fazlul Karim J
Amirul Kabir Chowdhury J
Md. Shahidullah (Kamal)……………………………………………………Petitioner
Vs.
Government of Bangladesh represented by Secretary, Local Government Division, Dhaka and others………………â€......ion made by Mr. Afric."
Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner.
The petition is dismissed.
Ed.
This Case is also Reported in: ......yers Involved:
AFM Mesbahuddin, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For the Petitioner
Ahsanullah Patwary, Advocate-on-Record-For Respondents.
Civil Petition for Leave to Appeal No.1262 of 2003.
(From the judgment and order dated 4th Marcy 2003 passed by ......ion made by Mr. Afric."
Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner.
The petition is dismissed.
Ed.
This Case is also Reported in: ..
Category: Election Law | Date: | Hits: 190
Government of Bangladesh Vs. Syed Md. Hyder Ali and others, 2004, 33 CLC (AD)
....sed. Ed. This Case is also Reported in: ......iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ......eneral, instructed by B. Hossain, Advocate-on-Record- For the Petitioner Amir-ul-Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1251 of 2003. (From the judgment and order dated 11th June 2003 passed by ......iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 79
M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)
....he goods/garments. Thereafter a person came from Korea and conducted the inspection being employed by the defendant No.1 for and on behalf of the principal/buyer but suddenly and mysteriously he left Bangladesh without informing the plaintiff. At this stage they also took undue advantage of the sudd......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......dvocate-on-Record- For the Petitioner. Abdur Razzaq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos.2-6. Civil Petition for Leave to Appeal No.1205 of 2003. (From the judgment and order dated 27th July, 2003 passed by......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 208
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