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Mrs. Nabila Chowdhury Vs. Government of the Peoples Republic of Bangladesh & another, 1988, 17 CLC (HCD)

....a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 345. ......a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 345. ......1161; 40 DLR 193(High Court); 20 DLR 1968 1005; A.K.M. Shamsuddin Vs. Government of Bangladesh, 28 DLR 1976 117; 40 DLR (AD) 178; Mrs. Sajeda Parvin Banu Vs. Government of Ban­gladesh and others. Lawyers Involved: Mainul Hosein with Joynal Abedin, Advo­cates - For Petitioner. Md. Delwar H..

Category: Criminal Law | Date: | Hits: 100

Bangladesh House Build­ing Finance Corporation Vs. Chairman, First Labour Court & others, 1989, 18 CLC (HCD)

.... Court but exclusively in some other body." 11. Apart from the fact that the points at issue in the case reported in 33 DLR (AD) page 305 are not at all similar to those in the case before us, the principles of law involved therein and the context in which the above observations of Asquith, L.J.,......assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 341. ...... Result: The rule is made absolute. Cases Referred to- (1988) 40 DLR 163; (1981) 33 DLR (AD) 305; 33 DLR (AD (1981) 305; Wilkinson Vs. Banking (Sic) Corporation, (1948) IKB 721 (724). Lawyers Involved: Rafiqul Huq with Shahid Alam, Advocates - For petitioner. Ashraful Hossain, ..

Category: Procedural Law | Date: | Hits: 273

Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)

....62 (265) however, refused to convert the petition for revision into an appeal as the prayer for conversion was made about four years after the revisional application was filed although reiterated the principle of conversion by quoting with approval a portion of commentary on section 115, C.P.C. "Whe....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ....... The Allahabad Bank Ltd., (1917) 21 CWN 877 (FB); Sreemati Guru Dasi Vs. Sarbanada Mahaldar and oth­ers, PLD 1961 Dhaka 243 (244); Nasim Jan and Others Vs. Badiuzzaman, PLD 1967 Pesh, 262 (265). Lawyers Involved: Nizamuddin Haider, Advocate - For appellant (In First Miscellaneous Appeal No. ..

Category: Property Law | Date: | Hits: 115

Chittagong Port Autho­rity Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)

.... contention by saying that the question relates to the maintainability of the suit for want of notice and is a question of law which can be raised even at the last Court of appeal. It is well settled principle of law that a question of law can be raised even in the Court of last resort even though n......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ......1989. Result: The appeal is allowed. Cases Referred to- Trustees of Chittagong Port Vs. Sadharan Bima, 32 DLR 99; Chittagong Port Authority Vs. Md. Ishaque and others, 35 DLR (AD) 364. Lawyers Involved: M. Fazlul Karim, Advocate - For the appellant. P. Bhattacharya, Advocate - F..

Category: Business or Commercial Law | Date: | Hits: 397

Sankar Gopal Chatterjee & others Vs. Additional Commi­ssioner, Dhaka Division & others, 1989, 18 CLC (HCD)

....hittled down by any device. It cannot be even accepted that an acquisition proceeding may be started without any agreement, but if a subsequent agreement is reached then it amounts to validation. The principle of subsequent validation cannot be entertained in a matter where the property rights of th......t lawful authority and that those are of no legal effect. The Rule is accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 326. ......ers...............Petitioners Vs. The Additional Commi­ssioner, Dhaka Division & others................Respondents Judgment March 7, 1989. Result: The Rule is made absolute. Lawyers Involved: Abdur Rashid, Advocate - For the Petitioner. Fakhrul Islam, Assistant Attorn..

Category: Property Law | Date: | Hits: 116

Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)

....airman by urging fresh facts which were known to him as a candidate before he filed Writ Petition No.849 of 19M and which he could have urged in the said Writ Petition also. Mr. Paul submits that the principle of estoppel by judgment will operate in the present case and the petitioner will be estopp......fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ............................Petitioner Vs. The Chief Election Commissioner and others...............................Respondents Judgment March 15, 1989. Result: The Rule is discharged. Lawyers Involved: Habibul Islam Bhuiyan, Advocate - For the Petitioner. S.R. Paul with Fakir A..

Category: Election Law | Date: | Hits: 215

Secretary, Ministry of Public Works Vs. Court of Settlement (1st Court) Bangladesh Abandoned Buildings, 1998, 17 CLC (HCD)

....to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 396.......to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 396.......spondents Judgment March 26, 1998. Result: The Rule is made absolute. Case Referred to- Hasina Khatoon and others Vs. Bangladesh and others, 43 DLR (AD) 13. Lawyers Involved: AKM Shafiuddin, Deputy Attorney-General — For the Petitioner. Sultan..

Category: Property Law | Date: | Hits: 102

Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)

....t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......ent February 25, 1998. Result: The Rule is made absolute. Cases Referred to- Seati Bibi Vs. Jogendra Nath, 57 IC 593; Abdul Aziz Vs. Abdul Majid, 46 DLR (AD) 121. Lawyers Involved: BK Das, Advocate — For the Petitioner. Md. Emdadul Hoque Azad, Advoc..

Category: Property Law | Date: | Hits: 101

Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)

....s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......€¦â€¦â€¦Appellant Vs. The State…………………………Respondent Judgment February 26, 2012. Result: The criminal appeal is dismissed with the alteration and modification. Lawyers Involved: Z. I. Khan Panna with Md. Nurul Islam, Advocates - For the Appellant. Mrs. S..

Category: Criminal Law | Date: | Hits: 102

Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)

....was not supposed to use the note unless there was a contract between the two appellants. It also indicates that they were having knowledge of the forged or counterfeit note. But it is the established principle of criminal law that to award punishment upon a person, law must be construed strictly and......in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ...... May 4, 2011. Result: Both the appeals are allowed. Case Referred to- M. Mammutti Vs. State of Karnataka, AIR 1979 (SC) 1705; Almas Miah Vs. State, 55 DLR 403; AIR 1979 (SC) 1705. Lawyers Involved: Md. Bashir Uddin Zindigir, Advocate - For appellant (In Criminal Appeal No.1046..

Category: Criminal Law | Date: | Hits: 111

Abdul Mannan Khan Vs. Government of the Peo­ple's Republic of Bangla­desh & others, 1990, 19 CLC (HCD)

....e the activities of the two Local Government Institutions. 9. In support of his contention that the amend­ment has been brought within the permissible limit of Article 27 of the Constitution, the principles of law enunciated by the different Courts of this subcontinent, particularly in India and.......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 316. ...... 58, 59 and 95); AIR 7930 (Bombay) and AIR 1953 (SC); 41 DLR (AD) 30; AIR 1951 (SC) 41; Southern Railway Company Vs. Greane, (1909) 216 U.S. 400; AIR 1952 (SC) 75; AIR 1951 (SC) 41;41 DLR (AD) 25. Lawyers Involved: Mainul Hosein, with M. Joynul Abedin & Zakir Ahmed, Advocate — For the P..

Category: Election Law | Date: | Hits: 391

Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)

..... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the Dis­trict Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311........ The rule is, accordingly, discharged without any order as to costs. Communicate this order to the Dis­trict Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311....... February 11, 1990. Result: The rule is discharged. Cases Referred to- Indian General Investment Trust Ltd. Vs. Sri Ramchandra Mardaraja Doo, Raja of Khalikote, AIR 1952 (Cat) 508. Lawyers Involved: Asrarul Hossain with Iftekhar Ahmed, Advo­cates—For the Petitioner. Khan..

Category: Procedural Law | Date: | Hits: 168

Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)

....o its jurisdiction under Article 102 of the Constitution." 47. The learned Additional Attorney-General…….. 48. Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the C......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458........ Bangladesh, 44 DLR (AD) 111; Serajul Islam Vs. The Director General of Food, 42 DLR (AD) 199; SP Sampath Kumar Vs. Union of India, AIR 1937 SC 386; JB Chopra Vs. Union of India, AIR 1987 SC 357. Lawyers Involved: Manzil Murshed, Advocate - For the Petitioners. M Khurshid Alam Sarker with ..

Category: Administrative Law | Date: | Hits: 421

Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ...... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ...... Vs. The State, 60 DLR (AD) 1; Abdul Hoque Vs. State, 60 DLR (AD) 1; Bangladesh Vs. Tan Khong Hock, 31 DLR (AD) 69; Syed Md. Hashem Vs. State, 48 DLR (AD) 87; N Mahmud Vs. N Ahmed, 36 DLR (AD) 14. Lawyers Involved: Sarwar Ahmed with Humayan Kabir, Advocates - For the Appellant. SM Shahjahan..

Category: Criminal Law | Date: | Hits: 89

Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)

.... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ...... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ...... Vs. Hajera Begum…………………Opposite Party Judgment July 5, 2010. Result: The Rule is made absolute. Cases Referred to- Safaruddin Vs. Fazlul Huq, 49 DLR (AD) 151. Lawyers Involved: No one appears - For the Petitioner. No one appears - For the Opposite Party..

Category: Property Law | Date: | Hits: 103

Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)

....s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ......aque J Motiur Rahman................Petitioner Vs. AKM Shamsul Alamin and another…………………Opposite Parties Judgment July 18, 2010. Result: The Rule is discharged. Lawyers Involved: No one appears - For the Petitioners. Abdul Quayum, Advocate with Selim Reza..

Category: Procedural Law | Date: | Hits: 170

Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)

.... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533....... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533.......The rule is discharged and the stay order granted earlier stands vacated. Case Referred to- The Oriental Bank Ltd. Vs. Artha Rin Adalat No.4, Dhaka and others, Writ Petition No.5746 of 2005. Lawyers Involved: Ali Imam Khaled Rahim with Muhammad Ashraf-uz-Zaman Khan, Advocates - For the P..

Category: Civil Law | Date: | Hits: 157

Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....t that was lawful when it was done. Referring to the decisions of Marks Vs. United States, 430 US 188 (1977) and Beazell Vs. Ohio, 269 US 167 (1925) Professor Bernard Schwartz observed: "The basic principle is that person have a right to fair warning of that conduct which will give rise to crimin......ed the same. Besides, the accused Giasuddin-al-Mamun and Tarique Rahman committed offence under sections 2/4(2) of the Money Laundering Prevention Act, 2009 by depositing US$79542.78 by the City Bank International Gold Visa Card No.4568-8170-0006-4124 and the US$54,982.42 by the Supplementary Intern......Vs. Mirza Abbas, 15 MLR (AD) 141 = 15 BLC (AD) 186; 15 MLR (AD) 141 = 15 BLC (AD) 186; Habibur Rahman Mollah Vs. State, 62 DLR (AD) 233; Government of Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90. Lawyers Involved: Rafique-ul-Huq with AM Mahbub Uddin - For the Petitioner. Mahbubey Alam, Att..

Category: Criminal Law | Date: | Hits: 112

Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)

....he writ petition, impugned Memo and the annexure thereof and submits that the University authority without hearing the petition cancelled the certificate of the petitioner which is clear violation of principle of natural justice. He further submits that the Chittagong University formed an enquiry co......946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ......ional University, 59 DLR 58; Enamul Hoq Vs. Jatiyo Bishwabiddalay, 59 DLR 556; University of Dacca through its Vice-Chancellor and Registrar, University of Dacca Vs. Zakir Ahmad, 16 DLR (SC) 722. Lawyers Involved: Md. Oziullah, Advocate - For the Petitioner. Dr. Naim Ahmed, Advocate - For ..

Category: Others | Date: | Hits: 186

Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....54 dated 19-03-09 under section 5(2) of the Prevention of Corruption Act, 1947 and sections 420/409/109 of the Penal Code, pending before the Court of Chief Metropolitan Magistrate, Dhaka. 12. The principle of criminal jurisprudence is that a person concerned should submit to the process of justi......ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ...... Nur Hossain Miah & others……………..Petitioners Vs. Bangladesh and others……………..Respondents Judgment October 6, 2010. Result: All the Rules are discharged. Lawyers Involved: Sheikh Fazle Noor Taposh with Khandaker Rezad-Raquib, Immamul Kabir, Mejbahur R..

Category: Criminal Law | Date: | Hits: 107