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Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)
....l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......ding one of defamation by publishing false and malicious news or views............................(11) On the basis of the defence plea or materials the criminal proceeding should not be stifled before trial when there is a prima facie case for going to the trial........................................l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ...... the basis of the defence plea or materials the criminal proceeding should not be stifled before trial when there is a prima facie case for going to the trial..................................(12) Lawyers Involved: Md. Shamim-ul-Alam, Advocate - For the Petitioner. None appears - For the O..Category: Criminal Law | Date: | Hits: 81
.... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 275.
......eir appointment. With a view to contest the case the second party-petitioner company filed a written statement denying the first party-respondents' claim. Thereafter, the case was fixed on 27.11.2000 for hearing. On this day, the first party filed hazira and the second party filed a petition praying...... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 275.
......tagong Chemical Complex Vs. Chairman Labour Court and another, 46 DLR (AD) 182; Chairman Power Development Board and others Vs. Chairman Labour Court, Khulna Division and others, 1981 BLD (AD) 59.
Lawyers Involved:
Md. Khalilur Rahman and Mrs. Rubaiyat Hossain, Advocates - For the petitioner. ..
Category: Labour and Industrial Law | Date: | Hits: 190
....ove finding we need not enter into merit of the Rules.
In the result, both the Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 566.
......e Constitution of Bangladesh, 1972, Article 102
The General Clauses Act, 1897 (Act No. X of 1897); section 3 (28)
Under Article 102 of the Constitution writ may be issued directing a person performing functions in connection with the affairs of the Republic or of a Local Authority. The writ d......ove finding we need not enter into merit of the Rules.
In the result, both the Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 566.
......f Election Committee of a Co‑operative Society, which is not the 'Local Authority' within the meaning of Clause 28 of section 3 of the General Clauses Act, 1897………………….(7 & 8)
Lawyers Involved:
Mainul Hosein with Humayun Kabir (Bulbul), Advocates - For the Petitioner.
N..
Category: Election Law | Date: | Hits: 600
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
....ation for leave was filed by informant Dr. Mriganka Ranjan Barua and leave was granted and the appeal was numbered in the Appellate Division as Criminal Appeal No.13 of 1981. In the meantime by the Proclamation of 24th March, 1982 it was provided that all proceedings arising but of and in connecti......23 of 1979 convicting accused petitioners Sakya Pada Barua, Fazlul Huq, Nurul Mostafa and Nurul Amin under section 364/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 7 years should not be set aside or such other or further order or orders pasted as to this Court......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......al Sugar Refining Co. Vs. Irving, 1905 A.C. 369; Ram Singh Vs. Crown, A.I.R. 1950; East Punjab (F.B) 25; State Vs. Mohammed Jamil, 20 DLR (S.C.) 315; Adnan Afzal Vs. Sher Afzal, 21 DLR (S.C.) 123. Lawyers Involved Khondker Mahbub Hossain with M. Fazlul Karim - For the Petitioners. A.F..Category: Criminal Law | Date: | Hits: 103
Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)
....This Rule is accordingly made absolute. Let the records be sent down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ......hairhat made a written complaint to the Sub-Divisional Magistrate, Shariatpur alleging that the accused respondent who was Head Master and ex officio Secretary of Gariberchar High school the received for the School Tk. 40,070/- only from Government of Bangladesh as grant under different heads and ......This Rule is accordingly made absolute. Let the records be sent down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ......…………………Respondent Judgment February 6, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Mokim Vs. Mozammel Huq (1959) II DLR 86=PLD 1959 (Dhaka) 411. Lawyers Involved: Dr. Habibur Rahman - For the Petitioner. Abdul Hameed Chowdhury - For the R..Category: Criminal Law | Date: | Hits: 104
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......bts always rests on the prosecution and on its failure it can not fall back upon the evidence adduced by the accused in support of his defence to rest its case solely thereon. In Criminal cases it is for the prosecution to bring the guilt home to the accused. The fundamental and basic presumption in......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ...... The State, 40 DLR 97; C. Chenga Reddy Vs. State of A.P. AIR (1996) 3390; Harendra Narain Singh Vs. The state of Bihar, AIR 1991 SC 184; 5 DLR (FC) 107; Masum and others Vs. The State, 49 DLR 349. Lawyers Involved: Fazle Rabbi with Farhed Ahmed, Advocates - For the appellants. Mrs. Um..Category: Criminal Law | Date: | Hits: 74
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......rson interested who has not accepted any award made by the deputy Commissioner under this Ordinance." After insertion of sub-section (3) of section 28 it was made more clear that it would be required for the applicant to implead the requiring person as party to his application made under section 28(......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......ent of Commercial Taxes, Bihar, AIR 1963 (SC) 1811; Brahmanbaria Paurashava Vs. Secretary, Ministry of Land Reforms, 51 DLR (AD) 84; Punjab Ali Pramanik Vs. Mohd Mokarram Hossain, 29 DLR (SC) 185. Lawyers Involved: AF Hasan Ariff, Senior Advocate, Ramzan Ali Sikder, and Ashraful Hadi, Advocate..Category: Civil Law | Date: | Hits: 170
.... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......onorarium…………………………(9)
A document must be annexed to validate any injury or disability to get remedy.
Disabled freedom fighters with 5%disability and enlisted with the Trust for the first time in 2004-2008, cannot claim themselves in any manner to stand on same footing with...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......1999……………………………………….(14)
Case Referred to-
Chairman, Bangladesh Freedom Fighters Welfare Trust and others Vs. Mominul Haque Bhuiyan and others, 14 BLC (AD) 41.
Lawyers Involved:
Md. Hosain Shaheed Quamruzzaman, Advocate-For the petitioners.
J. K. Paul, A..
Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......aw.………………(15) Nothing in section 173 of the Code of Criminal Procedure preclude further investigation in respect of an offence after a report under section 173 (1) of the Code has been forwarded to the Magistrate. The sub section (3B) of section 173 does not require any protest petiti...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......is called upon to answer the charge and is liable to be brought to the book by lifting the corporate veil. In such a case, resolution of the company is not at all required…………………(21) Lawyers Involved: Jamir Uddin Sircar with SM Aminul Islam (Sanu), Advocates - For the Petitioner...Category: Criminal Law | Date: | Hits: 124
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ...... MLR (AD) 58 = 58 DLR (AD) 1; 38 DLR 172; 41 DLR 490; 17 DLR 191. Lawyers Involved: Moudud Ahmed, Senior Advocate with Raziuddin Ahmed - For the Petitioner. Kazi Rehan Nabi with Md. Lutfor Rahman, Advocates - For the Respondent No. 2. Writ Petition No. 3986 of 2010. Judgment ......t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ......ndents Judgment June 11, 2012. Result: The Rule is discharged. Cases Referred to- Ismat Zerin Vs. World Bank, 11 MLR (AD) 58 = 58 DLR (AD) 1; 38 DLR 172; 41 DLR 490; 17 DLR 191. Lawyers Involved: Moudud Ahmed, Senior Advocate with Raziuddin Ahmed - For the Petitioner. ..Category: Civil Law | Date: | Hits: 108
Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ...... Court of Artha Rin Adalat No. 1, Chandpur, (briefly as Adalat) impleading Md. Oliullah, 2. Taslima Begum, proprietor Sahidullah and Brothers, 3. Bashirullah Master, (herein petitioner) as defendants for realization of Taka 31,06,021.20 with interest. After the death of Md. Oliullah, his heirs were ......btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ......arrant of arrest..............................(11) Cases Referred to- Monsur Ali Vs. State, 55 DLR (AD) 31; Khalilur Rahman Vs. State, 33 DLR 12; Abdul Baset Chowdhury Vs. State, 13 BLC 713. Lawyers Involved: Mahbubul Hoque, Advocate — For the Petitioner. No one appears — For Resp..Category: Civil Law | Date: | Hits: 93
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ......achment as per section 146(2) of the Code. Next he can pass an order to appoint a receiver………………(16) Order of attachment of property At the stage of the enquiry initiated by calling for the written statement for both the parties to ascertain the possession and other relevant issues......he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ......ion 146 is to be appointed only after attachment of the subject of dispute in the circumstances as laid down in section 146(1) of the Code and after completion of the inquiry………………(18) Lawyers Involved: Abdul Baset Majumder with Enayetullah Chowdhury, Advocates - For the Petitioner..Category: Criminal Law | Date: | Hits: 105
.... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
......f Civil Procedure, 1908 (Act No. V of 1908); Order 7 Rule 11
The provision of res-judicata is that no court shall try any suit or issue in which the matter directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litig...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
......Vs. Pubali Bank Ltd. and another, 53 DLR (AD) 62; Jahanara Begum Vs. Md. Aminul Islam Choudhury and others, 2 MLR (AD) 112; Abdul Jalil and others vs. Islami Bank, Bangladesh Ltd., 53 DLR (AD) 12.
Lawyers Involved:
Syed Golam Mustafa, Advocate - For the petitioners.
Rafiqul Islam Boxi with..
Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
....ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......cated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......najit Sarker and others Vs. Sree Sukhendu Bikash Biswas and others, 17 BLD (AD) 58; Hussain Ahmed Chowdhury alias Ahmed Hussain Chowdhury and others Vs. Md. Nurul Amin and others, 47 DLR (AD) 162. Lawyers Involved: Syed Mokaddas Ali with Biswajit Chakraborty, Advocate - For the petitioners. ..Category: Property Law | Date: | Hits: 112
Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
....ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ....... The short fact leading to this Rule is that, the petitioner being pre-emptor filed a Miscellaneous case being No.15 of 1994 in the court of learned Senior Assistant Judge, Sadar Lalmonirhat seeking for pre-emption of the land transferred by the Kabala dated 23.11.1993 execute and registered by the......ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ...... Sabiranessa and others Vs. Kabir Ahmed and others, 49 DLR 347; Amirunnessa and others Vs. Abdul Mannan and others, 3 BLC 404; Abdur Rahman and others Vs. Sultan @ Sultan and Ors, 35 DLR (AD) 51. Lawyers Involved: Golam Rabbani - For the Petitioner. Civil Revision No.162 of 2002. ..Category: Procedural Law | Date: | Hits: 162
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......an Enterprise and lastly M.T. Enterprise (IMO No.7709136). The vessel was imported by M/S. Madina Enterprise (respondent No.17) from a company based in Singapore, Yalumba Inc. (respondent No.19). Before the vessel could be imported there was a requirement to obtain a 'No Objection Certificate' (NO......ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......s also Reported in: 7 LG (HCD) (2010) 118. ..Category: Environmental Law | Date: | Hits: 688
Provat Mondal and others Vs. State, 2012, 41 CLC (HCD)
....osed of. Let a copy of this order be immediately transmitted to each of the Courts below for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 182. ......ate-Opposite Party No.1. Criminal Miscellaneous Case No. 7874 of 2012. Judgment Moyeenul Islam Chowdhury J.- This is a petitioner under section 561A of the Code of Criminal Procedure, 1898 for quashing the Judgment and Order dated 15-2-2012 passed by the Additional Sessions Judge, 3rd Cou......osed of. Let a copy of this order be immediately transmitted to each of the Courts below for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 182. ......appointed of the disputed property unless the proceedings under section 144 of the Code of Criminal Procedure are converted into one under section 145 of the Code...............................(4) Lawyers Involved: Md. Mamun Aleem, Advocate - For 2nd Party-Petitioners. Md. Khurshedul ..Category: Criminal Law | Date: | Hits: 74
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ...... of GR No.43 of 2001 corresponding to Burichang PS Case No.10 dated 19-4-2001 convicting the appellants under section 394 of the Penal Code and sentencing both of them to suffer rigorous imprisonment for 10 years and also to pay a fine of Taka 1000 each, in default to suffer rigorous imprisonment fo......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......esult: The appeal stands dismissed. Cases Referred to- State Vs. Hasen Ali, 4 MLR 287 = 4 BLC 582; State Vs. Badshah Mollah, 9 BLD 257 = 41 DLR 11; Mafizuddin Gazi Vs. State, 31 DLR 16. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Appellant. Diliruzzaman, De..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ....... State…………………………Respondent Judgment January 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the evidence of the member of law enforcing agency if their evidence found to be convicting with other facts and circumstances of the ca......me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......h other facts and circumstances of the case…………………(41) Cases Referred to Aslam Jahangir Vs. State, 20 BLD 426 = 5 BLC 514; Abdul Latif Budu Vs. State, 14 BLD 94 = 44 DLR 492. Lawyers Involved: Rana Kawser, Advocate with Samia Afroz Kana, Advocates - For the Appellant.&nbs..Category: Criminal Law | Date: | Hits: 99
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ......ty Corporation disrupting the easement right of the petitioner. 3. Subsequently respondent Nos.4, 5, 7 and 8 were restrained front dispossessing the petitioner from the disputed property initially for three months from 03.07.07 and subsequently it was extended till disposal of the Rule. 4. Pet......an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ......ner Vs. Government of the People's Republic of Bangladesh and others……………………………Respondents Judgment July 3, 2008. Result: The Rule is made absolute in part. Lawyers Involved: Zulhas Uddin Ahmmed, Advocate - For the petitioner. A. J. Mohammad Ali, Adv..Category: Civil Law | Date: | Hits: 74
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