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Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)

....ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ......han - For the Petitioner. A.P.M. Sahid, Assistant Attorney-General - For the State.  Criminal Revision No.114 of 1983. Judgment Sultan Hossain Khan J.- This rule has arisen out of an order passed by the learned Additional Special Judge, Chittagong Divi­sion in Special Case No.46 of......he Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ......ourt High Court Division (Comilla Bench) (Criminal Revisional Jurisdiction) Present: Sultan Hossain Khan J Md. Abdur Rouf J Kazi Nurul Haque…………………………Petitioner Vs. The State…………………………Opposite-Party Judgment August 7, 1983...

Category: Criminal Law | Date: | Hits: 70

Juman Mia Vs. Zainab Bibi, 1983, 12 CLC (HCD)

....umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ......umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ......D) (1983) 351. ......ted in:35 DLR (HCD) (1983) 351. ..

Category: Property Law | Date: | Hits: 73

Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)

....n 420 of the Penal Code now pending in the Court of Chief Metropoli­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......tion 420 of the Penal Code made this application under section 561A of the Code of Criminal Procedure for quashing the said criminal proceeding. 2. The petitioner also prayed for setting aside the order of the Additional Sessions Judge, 2nd Court, Dhaka in Criminal Revision No.316 of 1983 under s......oli­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......me Court High Court Division (Dhaka Bench) (Criminal Revisional Jurisdiction) Present: Latifur Rahman J Amin-Ur-Rahman Khan J Shaikh Obaidul Haq………………………Petitioner Vs. The State & another………………………Opposite Parties Judgment Fe..

Category: Criminal Law | Date: | Hits: 67

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......ause why the detention of Jamaluddin Ahmed alias Jamal Ahmed now being, detained in the Chittagong Jail should not be declared illegal and why he should not be set at liberty or such other or further order or orders passed as to this Court may seem fit and proper. 2. The detenue Jamaluddin Ahmed ......ult, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......Chittagong Bench) (Criminal Miscellaneous Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Sultana Ara Begum………………………………Petitioner Vs. Secretary, Ministry of Home Affairs & others………………………………â..

Category: Criminal Law | Date: | Hits: 78

Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ...... of Land Administration and Land Reforms informing all concerned ministries and authorities to release acquired lands left unused beyond a justifiable time. The said policy was further affirmed by an order contained in Memo No.DA‑72/84/726‑Acqn dated 9‑12‑84 issued by Ministry of Land Admini......tructures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ......preme Court High Court Division (Special Original Jurisdiction) Present: A M Mahmudur Rahman J K M Hasan J Kazi Aftabuddin and others……………………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land, Government of the People'..

Category: Property Law | Date: | Hits: 67

Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)

....the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ......n, Assistant Attorney General with Md. Nur Nabi, Advocate — For the State. Criminal Appeal No. 2442 of 2008. Judgment Md. Azizul Haque J. - This appeal is directed against the judgment and order dated 8-4-2008 passed by the Sessions Judge, Narayanganj in Session Case No. 987 of 2006 convi...... if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ......he UD case and submitted charge sheet against the accused. In cross-examination P.W. 12 stated that the occurrence took place between 26-7-2005 and morning of 27-7- 2005. According to him, it is mentioned in the inquest report that Shahera Khatoon went to the roof secretly and hanged herself; SI For..

Category: Criminal Law | Date: | Hits: 91

Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)

....ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ......……………………………Petitioner Vs. Md. Ruhul Amin and others………………Opposite Parties Judgment November 26, 2008. Result: The Rule is made absolute without any order as to cost. Lawyers Involved: Md. Akteruzzaman, Advocate — For the Petitioner. No o...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Amena Begum…………………………………………Petitioner Vs. Md. Ruhul Amin and others………………Opposite Parties Judgment November 26, 2008. Result: The ......: 61 DLR (HCD) (2009) 301. ..

Category: Procedural Law | Date: | Hits: 133

Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)

.... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......itioner. Imam Hasan, Advocate - For respondent No.2. Writ Petition No.3811 of 2006. Judgment Zinat Ara J.- In this writ petition, the petition­er called in question the legality of the order No.18 dated 20-4-2006 passed by the learned Judge of the Artha Rin Adalat No.4, Dhaka in Artha...... No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......D) (2012) 91. ..

Category: Civil Law | Date: | Hits: 176

Bela alias Bala & another Vs. State, 2011, 40 CLC (HCD)

....e petitioners if they misuse the privilege of bail in any manner whatso­ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ......g with 7/8 others stealthily entered into the dwelling hut of informant by lurking house trespassers following their internal feud. They assaulted the inmates by different weapons. Accused No.2 Masud ordered to kill informant, while accused No.1 Bela alias Bala dealt chenny blow pointing her head ca......ail in any manner whatso­ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Ziaul Karim J ANM Bashir Ullah J Bela alias Bala & another…………………………..Accused-Petitioners Vs. State………………………………Opposite Party Judgment March 10, 201..

Category: Criminal Law | Date: | Hits: 95

Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)

..... Hence, the Rule is discharged. Stay granted earlier by this Court be vacat­ed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......f the Republic, including the matters provided for in Part IX and the award of penalties or punishments. Article 117(2), on the other hand, debarred any Court to entertain any proceedings or make any order in respect of any matter falling within the jurisdiction of such tribu­nal. Under Article 152......er by this Court be vacat­ed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......) (2012) 161. ..

Category: Administrative Law | Date: | Hits: 455

Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....Annexures- 'C', 'D', 'E' and 'F' respective­ly). 3. In Writ Petition No.7012 of 2003 the Rule Nisi was issued calling upon the respondents to show cause as to why the impugned notice/order orally published/served upon the petitioner by beat­ing drum on 15-11-2003 asking the petitioner to vacate......labi, Dhaka (Annexures- 'C', 'D', 'E' and 'F' respective­ly). 3. In Writ Petition No.7012 of 2003 the Rule Nisi was issued calling upon the respondents to show cause as to why the impugned notice/order orally published/served upon the petitioner by beat­ing drum on 15-11-2003 asking the petitio......­ed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......rt High Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Jahangir Hossain J Mangal Chandra Sarker and others…………………………….Petitioners Vs. Bangladesh and others………………………….Respondents Judgment Octob..

Category: Property Law | Date: | Hits: 89

Dr. Md. Habibullah Vs. Additional Secretary and Member (Appeal and Revision) and others, 2007, 36 CLC (HCD)

....urnover tax from the traders who were engaged in the goods and services as may be determined by the Government by a notification in the official Gazette. In pursuance to the Ordinance, the Government published three notifications being SRO No. 337, 338 and 339 on the same date 31-8- 83. SRO No. 337 ......€¦â€¦â€¦â€¦Petitioner Vs. Additional Secretary and Member (Appeal and Revision) and others………..Respondents Judgment May 15, 2007. Result: The Rule is made absolute without any order as to cost. Lawyers Involved:  Tanjibul Alam with Abu Khaled Al Mamun, Advocates â€......period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 704. ......2009) 704. ..

Category: Administrative Law | Date: | Hits: 491

Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)

....f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......eplied to that notice, stating that he has lost some leaves of his cheque book and a non judicial stamp of Tk. 150/-. Hence the case. 3. On receipt of the complaint, the learned Magistrate, by the order dated 21.08.2003 took cognizance of the offence under section 138 of the Act against the petit......ontinue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......3 MLR (HCD) (2008) 223. ..

Category: Criminal Law | Date: | Hits: 103

Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)

....tution subject to certain restrictions including offence of defamation. A journalist cannot take shelter under the cloak of freedom of press after committing an offence including one of defamation by publishing false and malicious news or views............................(11) On the basis of the ......e No.545 of 2003 under sections 500/501/502 of the Penal Code now pending in the Court of learned Magistrate, 1st Class, 'Ka' Anchal, Chuadanga should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts, in short, are that on 19.10.2...... 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. ......eme Court High Court Division (Criminal) Present: Sharif Uddin Chaklader J Sheikh Abdul Awal J Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury……………Accused-petitioner Vs. The State and another……………Opposite parties Judgment December 12, 200..

Category: Criminal Law | Date: | Hits: 81

Sylhet Pulp & Paper Mills Ltd. Vs. Chairman, Second Labour Court, Katalganj, Chittagong and others, 2006, 35 CLC (HCD)

.... 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. ......or the respondents. Writ Petition No. 3119 of 2000. Judgment Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the ex parte judgment and order dated 27.01.2000 passed by the learned Chairman of Second Labour Court, Chittagong (respondent......clared 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. ......l Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Sylhet Pulp & Paper Mills Ltd., Chhatak, District- Sunamganj, represented by its Managing Director……………Petitioner Vs. The Chairman, Second Labour Court, Katalganj, Chittagong and others…………….Re..

Category: Labour and Industrial Law | Date: | Hits: 190

Jiban Kumar Barman Vs. M Abdul Hye, Chairman of the Election Committee and others, 1996, 25 CLC (HCD)

....members Election Committee consisting of the respondent Nos.1‑3 for conducting the said Election. Respondent No.1 Additional Registrar of Co‑operative Societies and Chairman of the said Committed published an election schedule on 26‑10‑94 fixing 8‑11‑94 for submission and scrutiny of nom......gment Kazi Ebadul Hoque J. - Rule in Writ Petition No.2122 of 1994 was issued at the instance of the petitioner Jiban Kumar Barman calling upon the respondents to show cause as to why the impugned order dated 15‑11‑94 (Annexure‑H) issued by the respondent No.1 rejecting petitioner's nominat...... 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. ......996) 566. ..

Category: Election Law | Date: | Hits: 600

Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)

....order including cancellation of bail matter". 6. The learned Advocate appearing for the accused petitioners submits that Ordinance No. XL of 1977 amending the Special Powers Act, 1974 having been published in the Official Gazette on 23.8.77 came into force on that date and that by this amending ...... was issued on 9-1-83 at the instance of the four accused petitioners Sakya Pada Barua, Fazlul Huq, Nurul Mostafa and Nurul Amin calling upon the Deputy Commissioner, Chittagong to show cause why the order of con­viction and sentence passed by Mr. S. M. Serajul Moula, Member, Appellate Tribunal, Ch......discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ...... (Criminal Revisional Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Sakya Pada Barua & others…………………………………………Petitioner Vs. The State and others……………………………………Opposite Party Judgm..

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. ......­pondent No.1.  Md. Nawab Ali - For the State.  Criminal Appeal No. 341 of 1982 Judgment Amin-Ur-Rahman Khan J.- This appeal by the complainant-appellant is directed against the order of acquittal passed under section 258 (f) of the Code of Criminal Procedure by Mr. S. A. Khan,...... down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ......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 Res­pondent No.1.  Md. Nawab Ali - For the State..

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. ......iple of law as regard the burden of proof lies on the party who substantially asserts the affirmative of the issue and not upon the party who denies. The party on whom the onus of proof lies must, in order to succeed, prove by the reliable evidence. He cannot, on failure to do so, take advantage of ......ith 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. ......te as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and further it must be such as to show that within all human probability the act must have been done by the accused. In dealing with circumstantial evidence, rules specially applicable to such evid..

Category: Criminal Law | Date: | Hits: 74

Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....KEPZ/LAO/315/2002 dated 6-7-2002 requested the respondent No 2 to give final decision on the basis of joint inspection and measurement. Accordingly, the report of joint inspection and measurement was published on 4-8-2002 and respondent No.3 vide Memo. No. Bibidh/12/96-97/406/LA dated 23-4-2003 dire......ught to the notice of the Court, it takes effect automatically after expiry of the statutory period mentioned in section 7(4) of the Ordinance......................(26) The passing of judgment and order in Writ Petition is per incuriam when the provision of section 12(1) was totally ignored and i......e 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. ......eme Court High Court Division (Special original Jurisdiction) Present: Md. Imman Ali J Obaidul Hassan J Elias Brothers (Md.)(Pvt.) Limited and another……………………..Petitioner Vs. Bangladesh and others…………….........Respondents Judgment September 5..

Category: Civil Law | Date: | Hits: 170