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Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
.... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ............ ………………Opposite Party Judgment April 24, 2007. Lawyers involved: Md. Khurshid Alam Khan, Advocate—For the Appellants. Nikhilesh Dutta, Deputy Attorney-General with Md. Rabiul Karim, Assistant Attorney-General—For the State-Opposite Party. ......mpany them to the railway station were denied. 10. PW 1 victim Bilkis in her deposition stated that her parents died in her infancy. She used to reside at Farmgate. Accused Naim and one female called Rina brought her to Bihari Colony at Mohammadpur. On 16-5-1997 she along with Hasina alias Be...... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ..Category: Criminal Law | Date: | Hits: 84
Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
.... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ...... Hossain Shially (Fakir) vs. State 8 MLR 355 and Misti vs. State 6 MLR 394 = 6 BLC 138. Lawyers involved: Zakir Hossain Bhuiyan, Advocate—For the Appellant ABM Waliur Rahman Khan, Deputy Attorney-General with Shamim Ara Dora, Assistant Attorney-General—For the State. Criminal Appeal ......ry her through the Court. 3. It is further stated that thereafter the accused on 10-9-2001 at about 8-00 PM went into hiding near their house; that at that time when she came out to respond to the call of nature, the accused told her that he had come to take her; that being refused by the victim,...... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ..Category: Criminal Law | Date: | Hits: 38
Aminul Haque Shamim (Md) Vs. Government of the People's Republic of Bangladesh, 2003, 32 CLC (HCD)
....ewspaper or a news agency, an editor or a journalist working therein, including the name of such newspaper, news agency, editor or journalist. (3) Nothing in sub‑section (1) shall be deemed to empower the Council to hold an inquiry into any matter in respect of which any proceeding is pending i...... direction upon the respondents Nos. 1 and 2, Government of Bangladesh represented by Secretary, Ministry of Information and Secretary, Ministry of Law and Parliamentary Affairs respectively be given to frame guidelines involving right to reputation as guaranteed under Article 31 in consonant with A......airs of the Republic. In view of the discussion made above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ......airs of the Republic. In view of the discussion made above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ..Category: Constitutional Law | Date: | Hits: 213
Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)
.... that this arrest was made with a view to detain him under section 3(2) of the Special Powers Act. Section 54 is an independent section of Code of Criminal Procedure under which police has been given power to arrest any person without an order of Magistrate or without any warrant. Some circumstances......Present: Md. Hamidul Haque J Nazmun Ara Sultana J Mokbul Hossain……Detenu Vs. Government of Bangladesh & ors……Respondents Judgment January 16, 2002. Cases Referred to- Mostafizur Rahman vs. Bangladesh 44 DLR 317; Habiba Mahmud 54 DLR (AD) 89; H Saha vs. State o...... Amirul Islam, Advocate—For the Petitioner. Zaman Akter, Assistant Attorney-General—For the State. Writ Petition No. 6911 of 2001. Judgment Md. Hamidul Haque J .- This Rule was issued calling upon the respondents to show cause as to why the detenu Al-Haj Mokbul Hossain now detained i......illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ..Category: Criminal Law | Date: | Hits: 34
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
....e situation of the locality showing disrespect to the settled principle of law. 56. In the above facts and circumstances if the case is sent for re‑trial it will be a futile exercise of judicial power and also abuse of process of the Court. 57. The learned Tribunal not only committed mistake...... (AD) 1; 41 DLR 385; 35 DLR 5, 127; 10 DLR (SC) 29. Lawyers Involved: Farhad Ahmed with Dewan Abdun Naser and Fazle Rabbi, Advocates‑ For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney-General, Md Jalaluddin, Assistant Attorney-General- For the State. Criminal Appeal No. 2......the Customs Act provide punishment for smuggling of gold. Therefore, the joinder of the offences did not vitiate that trial. In paragraph 20 of the aforesaid reported case this point has been categorically and elaborately discussed. 27. The facts of the case reported in 45 DLR (AD) 13 involves sm....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....en stated therein that in pursuance of a notice in any form issued thereunder at any time before 30th October, 1988 the Government may take over possession of any abandoned property or building. This power of issuing this type of notice in any form gave arbitrary power to the Government and hence is......oynul Abedin J SAN Mominur Rahman J Ambia Khatun.............................Appellant Vs. Bangladesh and others.............Respondents Judgment August 10, 2009. Cases Referred to- Baldwin and Francis Ltd Vs. Parents Appeal Tribunal (1959) AC 663; Reg Vs. De Reuzen; Mostafa......f the learned Counsel for the appellants that— "the question of 'jurisdictional fact' with regard to non-issuance of statutory notice prior to enlistment of the property in 'Kha' list was specifically raised before the Court of settlement, thereby raising in fact the question of absence of juri......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ..Category: Property Law | Date: | Hits: 30
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....evant points for consideration as to whether the impugned judgment and order of conviction and sentence deserves any interference by invoking the inherent jurisdiction of this court in exercising the power under section 561A of the Code of Criminal Procedure on the ground mentioned herein. In pursua......ali Bank vs Karnaphuli Works Ltd 46 DLR (AD) 55. Lawyers Involved: Shawkat Ali Khan, Senior Advocate with Md Shamsul Hoque, Advocate — For the Petitioner Golam Mohammad Chowdhury, Deputy Attorney General — For the State. Criminal Miscellaneous No. 3642 of 2001. Judgment Altaf H......y General — For the State. Criminal Miscellaneous No. 3642 of 2001. Judgment Altaf Hossain Khan J.- This Rule issued at the instance of the convict-petitioner and, Delower Hossain @ Bhuiya calling upon the Commissioner Narayanganj to show cause as to why the impugned judgment and order da......ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ..Category: Criminal Law | Date: | Hits: 37
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
.... Provided that the Court may, on the prayer of the Commissioner and an sufficient cause being shown, extend the time. 5. A reading of the above provision shows that Court has been clothed with the power to hold Local Investigation in a circumstance where it deems a Local Investigation to be requi......iff-petitioner in invoking this Court’s Civil Revisional Jurisdiction on laying petition under section 115 of the Code of Civil Procedure. 2. The fate of Civil Revision petition hinges on answer to the following two questions which are- (i) Whether Local Investigation under Order 26, rule 9 ......ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ......ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ..Category: Administrative Law | Date: | Hits: 236
....mpugned resolution is quashed and the impugned order is set aside. These will be no order as to costs.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 136....... represented- the Respondents.
Writ Petition No. 217 of 1986.
Judgment
Amin-Ur-Rahman Khan J. - By an application under Article 102 of the Constitution the petitioner obtained this Rule to challenge the resolution dated 25.3.1984 adopted and passed by Kowkhali Upazilla Parishad and......mpugned resolution is quashed and the impugned order is set aside. These will be no order as to costs.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 136....... impugned resolution was passed. On a reading of the resolution it is found that it has been clearly stated in the resolution in the language which on English rendering will be as follows :-
"This meeting unanimously records its decision that in the interest of the development works of this Upazi..
Category: Administrative Law | Date: | Hits: 185
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
.... in the case of S.H, Quddus & others vs. Chairman, Labour Court, Chittagong and others reported in 33 DLR (HD) 1. It was observed as follows: “......under section 25 the Labour Court has got power to pass any order including an order for reinstatement in appropriate cases on an applicatio...... Md. Shahjahan Ali................................................Petitioner Vs. The Chairman, Labour Court, Rajshahi............Opposite Party Judgment April 7, 1987. Cases Referred to- Zeal Bangla Sugar Mills Ltd. vs. Chairman 1982 BLD (HD) 57, SH Quddus & others vs. Chair...... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ...... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ..Category: Labour and Industrial Law | Date: | Hits: 124
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
.... M. Noman vs. the Dhaka Improvement Trust, 16 DLR (Dhaka) 536 and The District Council of Comilla vs. Dr. M. Khalilur Rahman, 33 DLR 438 it has been contended that when there is no rule there is no power and, therefore, the initiation of the disciplinary proceeding was without jurisdiction. ......tion of Bangladesh .............................................Respondent (In all the Writ Petitions). Judgment March 10, 1987. Result: All the Rules are discharged. Cases Referred to- 32 DLR (AD) 46; 31 DLR 326; Vitarelli vs. Seaton (1959) 359 US 535; 3 L Ed 2d 1012 Ramana Day......en in his absence and on the basis of examining witnesses and recording their statements in his absence and thereby violating the principles of natural justice. 18. In these Rules, however, we are called upon to decide an issue of a larger dimension. We are called upon to decide, as to whether an...... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ..Category: Employment/Service Law | Date: | Hits: 80
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....ose whether we can dismiss the suit when no appeal or objection has been filed by the defendant respondents. It appears that under Order 41 rule 33 of the Code of Civil Procedure this Court has ample power to pass any decree or order even where the respondent has not, filed any appeal or cross-objec......reeing the suit in part for an amount of Taka 5,67,540.00. 2. The plaintiff, Sonali Bank, brought this suit for recovery of Taka 22, 85,314.30 against the defendants for the amount of loan granted to them with interest accrued thereon as on 26-5-90 on the facts, in short, that, the defendant No. ......fault terms contained in the sanction letter which says that if the (a) Borrower failed to make interest payment as required. (b) Borrower fails to make payment of principal as required, the bank may call back the loan with all accrued interest thereon, immediately due and payable. It reveals that, ......0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ..Category: Civil Law | Date: | Hits: 85
....harge of a police-station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XV relating to the place of inquiry or......, Advocate……. Petitioner
Vs.
Quamrul Islam Siddique, Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka and others………… Respondents
Judgment
24 October, 2001.
Lawyers Involved:
Abdur Razzaque, Advocate— For the Petitioner.
M Mahamudul ......swami, AB Majumder, Advocates—For Respondent No. 1(A).
Rafiqul Hoque, Advocate— For Respondent No.2.
Writ Petition No. 4241 of 2001.
Judgment
Md. Hamidul Haque J.- This rule Nisi was calling upon the respondent Nos. 1, 1A and respondent No. 2 to show cause as to why there should no...... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
..
Category: Anti-Corruption Laws | Date: | Hits: 178
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ic interest. The learned Advocate has argued that there is no express provision in any law or rules barring leasing out any military land to any private person and as such the executive has residuary power in the name of the President to fill in the vacuum. In support of this contention the learned ......sdiction) Present: Nazmun Ara Sultana J Sheikh Hassan Arif J Begum Khaleda Zia...........Petitioner Vs. Government of Bangladesh and others .......... Respondents. Judgment October 13, 2010. Result: The rule is discharged. Cases Referred to- 50 DLR (AD) 27, Kastu...... Writ petition No.2910 of 2009 Judgment Nazmun Ara Sultana J.- This Rule was issued at the instance of Begum Khaleda Zia, former Prime Minister and now Leader of the Opposition in Parliament calling upon the respondents to show cause as to why the impugned notice dated 24.5.2009 (annexure C......ur of the petitioner was “void ab initio” being in contravention of the statutory rules and stating also that after the death of petitioner’s husband President Ziaur Rahman the government, in a meeting of council of ministers headed by President held on 12.06.1981, took decision to give huge f..Category: Property Law | Date: | Hits: 88
State Vs. Shahin and others, 2009, 38 CLC (AD)
....cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ......der Singh Vs. State of Punjab AIR 1970 SC 1566; Lallubhai Devchand Shah Vs. State of Gujara, AIR 1972 SC 1776; State Vs. Mukbul Hossain, 26 DLR 419. Lawyers Involved: S.M. Abdul Mobin, Deputy Attorney General, instructed by Md. Ibrahim Khalil, Advocate-on-Record- For the Petitioner. (In all ca......We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ..Category: Criminal Law | Date: | Hits: 33
Hazera Begum Vs. Artha Rin Adalat & another, 2001, 30 CLC (HCD)
....woman. 4. Mr. MA Tariq appeared on behalf of the respondent decree holder. He has submitted that under section 6 Ka of the Artha Rin Adalat Ain 1990, the Artha Ain Adalat itself has been given the power to execute a decree passed by it. So, according to him, as the Artha Rin Adalat considered it ...... Advocate—For the Petitioner. MA Tariq, Advocate—For the Respondents. Writ Petition No. 1124 of 2001. Judgment Md. Hamidul Haque J.- This Rule was issued calling upon the respondents to show cause as to why the impugned order dated 20-7-20 (Annexure ‘E’) passed in Money Executio......Sobhan with Abu Hena Razzaki, Advocate—For the Petitioner. MA Tariq, Advocate—For the Respondents. Writ Petition No. 1124 of 2001. Judgment Md. Hamidul Haque J.- This Rule was issued calling upon the respondents to show cause as to why the impugned order dated 20-7-20 (Annexure ‘E...... Artha Rin Adalat. The Rule is liable to be discharged. In the result, the Rule is discharged. Stay granted earlier is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 78. ..Category: Civil Law | Date: | Hits: 89
....ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ......his Case is also Reported in: 46 DLR (1994) 143. ......Advocates- For the Respondents.
Writ Petition No. 195 of 1987.
Judgment
Syed Fazle Ahmed J.-Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the decision and order dated 28.1.1981 passed b......ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ..
Category: Labour and Industrial Law | Date: | Hits: 93
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....as pronounced, and, when the judge has satisfied himself that the decree had been drawn up in accordance with the judgment he shall sign the decree. Rule 13 of Order XXVI of the Code speaks about the power of Court to issue a commission to such person to make the partition or separation according to......r Rahman, Advocates—For Opposite Party Nos. 2(a) & 2(b). Civil Revision No. 4616 of 1999. Judgment Md. Abdul Wahhab Miah J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the order dated 26-10-99 passed by the Senior Assistant Judge, 4th Court, Dh......r Opposite Party No. 1. Md. Khalilur Rahman, Advocates—For Opposite Party Nos. 2(a) & 2(b). Civil Revision No. 4616 of 1999. Judgment Md. Abdul Wahhab Miah J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the order dated 26-10-99 passed by the......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ..Category: Property Law | Date: | Hits: 32
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ......: Md. Asaduzzaman with Syed Mahmud Hossain, Advocates—For the Petitioners in both of the Rules. KM Saifuddin Ahmad—For the Respondent No. 3 in both the Rules. Shahabuddin Ahmad, Deputy Attorney-General, with Dr Quazi Rezaul Hoque, Assistant Attorney-General—For the Respondent Nos. 1, ......p; 6 in both the Rules. Writ Petition Nos. 2921 of 1998 and 1579 of 1999. Judgment Kazi Ebadul Hoque J. -Rule in Writ Petition No. 2921 of 1998 was issued at the instance of the petitioners calling upon the respondents to show cause as to why 6 bighas and 13 decimals of unused land of the ......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ..Category: Property Law | Date: | Hits: 27
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
....ule 3, 4, and 10 of Order 39 of the Code is an appealable order as per provision of rule 1(r) of Order 43 of the Code. 14. In approaching the controversy it will be profitable to notice Revisional power enshrined in section 115 of the Code which is quoted hereunder: “115. (1) The High Court ...... Improvement Trust Vs. Parkash Wanti, (1955) 5 SCC 159 (15, 24 & 29). Lawyers Involved: Shamusddin Choudhury, with Faisal Mahmud Faizee, Advocates—For the Petitioner. Mahmudul Islam, Attorney-General, with Probir Neogi, Assistant Attorney-General and M Aminuddin, Assistant Attorney-Ge......temporary injunction and at the same time vacated the order of ad-interim injunction dated 22-4-1999. In the said order learned Judge allowed the prayer of the plaintiff-petitioner in the matter of recalling some tender documents from the office of the defendant No. 4. Learned Judge on the basis of ...... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120...Category: Property Law | Date: | Hits: 34
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