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Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)

....28.2.96 is hereby vacated. No order as to­ costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ......For the Petitioner. Habibul Islam Bhuiyan, Advocate ‑ For the Opposite Party. Civil Revision No.426 of 1996. Judgment Abu Sayeed Ahammed J.- This Rule calls in question the propriety of order dated 21.1.96 passed by the 6th Additional District and Sessions Judge, Dhaka in Misc. Appeal .......Petitioner Vs. Dhaka Club Ltd. & others…………….........Opposite Parties Judgment July 11, 1996. Result: The Rule is discharged. Cases Referred to- Md. Delwar Hossain Khan Vs. Dhaka Club Limited, Miscellaneous Appeal No.209 of 1995; Shafiuddin Sarwar Vs. Dhaka Clu......s Case is also Reported in: 48 DLR (HCD) (1996) 492. ..

Category: Civil Law | Date: | Hits: 110

Abul Hashim (Md.) Vs. Election Commission of Bangladesh, 1995, 24 CLC (HCD)

....n is to be answered. It has been seen that the action was taken on the basis of representation made to the Election Commission stating certain inconvenience and after hearing the preliminary list was published and thereafter it called for objection in compliance with section 6(3) of the Ordinance. ......s. Writ Petition No.1157 of 1995. Judgment A M Mahmudur Rahman J.- By this petition under Article 102 of the Constitution of the People's Republic of Bangladesh the petitioner challenges the order of the delimitation of constituency passed on 22‑5‑95 by the Election Commission delimitin......writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ......(HCD) (1996) 490. ..

Category: Election Law | Date: | Hits: 271

Sayed and 10 others Vs. State, 1996, 25 CLC (HCD)

....peal No.2425 of 1993 and appellant Md. Based Miah in Criminal Appeal No.2527 of 1993 are discharged from their respective bail bonds. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 489. ......d including accused Badal alias Abdul Awal were placed on trial before Santrash Mulak Aparadh Daman Tribunal, Gazipur, in Santrash Daman Tribunal Case No.11 of 1993 and ultimately by the Judgment and order dated 24‑11‑93 twelve among them including said Badal were convicted under sections 2(2) (......iah in Criminal Appeal No.2527 of 1993 are discharged from their respective bail bonds. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 489. ......es not constitute any offence under section 4 of the Anti‑Terrorism Act and that the provisions of this section is attracted only when the attempt is successful and complete. An attempt to realise money in the form of donation or otherwise has not been made a punishable offence under this special ..

Category: Criminal Law | Date: | Hits: 81

Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)

....d circums­tances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11.......d circums­tances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11.......Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11.......d against a Judgment and decree of the learned Subordi­nate Judge in a suit for partition. 2. The case of the plaintiffs in brief is that the schedule land of the plaint be­longed to Akram Ali alone and the schedule 2 land belonged to Akram Ali and his brother Makram Ali jointly in lease hold r..

Category: Property Law | Date: | Hits: 93

Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)

....ppellate Court below calls for any inter­ference in revision. In the result the rule is discharged with­out any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ......n from a proceeding u/s. 96 of the State Acquisition and Tenancy Act for pre-emption. 2. The miscellaneous case was allowed by the trial Court. The appellate Court below set aside the Judgment and order 6f the trial Court and dismissed the miscellaneous case on the ground that since it was filed ......Vs. Mehar Khatun………………………………Opposite Party Judgment April 7, 1982. Result: The rule is discharged. Cases Referred to- Jwala Prashad Vs. Jwala Bank Ltd. (in liquidation), AIR 1961 All 381; Mr. Abilakhi Vs. Sada Nand, ILR 53 All 535: AIR 1931 All 244; M.Y......: 35 DLR (HCD) (1983) 6. ..

Category: Procedural Law | Date: | Hits: 119

Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)

.... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ......ur Razaque Miah - For the State. Criminal Revision No. 429 of 1979. Judgment Mohammed Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner Dacca to show cause why the order dated 1.8.79 passed by Mr. Asaduzzaman, Additional Sessions Judge, Dacca issuing sum­mons upo...... directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ......t High Court Division (Criminal Revisional Jurisdiction) Present: Md. Habibur Rahman J Mustafa Kamal J Fazlul Huq Haider @ Mollah………………………………………Petitioner Vs. The State……………………………………Respondent Judgment June 25..

Category: Criminal Law | Date: | Hits: 92

Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)

....from the College for ever was adopted amongst other resolutions, allegedly for bringing back the academic atmosphere in the institution. The petitioners having come to learn through a notification published in Dainik Purbakone of Chittagong to the effect that the purported action has been taken ......No.2195 of 1993 and Writ Petition No.2196 of 1993 Rules were issued by this Court on different dates in the month of December, 1993 calling upon the respondents to show cause as to why the impugned order of expulsion dated 20-10-93 of the petitioners as students of Chittagong Medical College pas......fect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ...... DLR (HCD) (1996) 482. ..

Category: Others | Date: | Hits: 168

Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)

....tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ......huiyan, Advocate - Amicus Curiae. Civil Revision Nos.1007‑1009 of 1995. Judgment Md. Abdul Karim J.- Civil Revision Nos.1007 of 1995, 1008 of 1995 and 1009 of 1995 are directed against the orders dated 30‑8‑94 passed by the learned Subordinate Judge, 1st Commercial Court, Dhaka, in Ti......esult: The Rules are discharged. Cases Referred to- Travancore National & Quilon Bank Ltd., AIR. 1940 (Mad.) 157; Ranganathan Vs. Periakaruppan, AIR 1957 (SC) 815; Akbar Khan Vs. Attar Singh, 1936 (2) All ER (PC) 545. Lawyers Involved: Ansarul Hoque, Advocate ‑ Petitioner in pe...... in: 48 DLR (HCD) (1996) 479. ..

Category: Civil Law | Date: | Hits: 87

Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54.......The petitioner filed application for bail before the learned Additional Chief Judicial Magistrate, Rangpur but those applications were rejected. The learned Additional Chief Judicial Magistrate by an order dated 10-6-2008 directed the Mithapukur Police to hand over the case records to the local Durn......ranted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54.......(2011) 54...

Category: Anti-Corruption Laws | Date: | Hits: 142

SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)

....6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51.......s.2-3. Civil Revision No. 2166 of 2005. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of plaintiff petitioners calls in question the legality and propriety of the judgment and order dated 15-6-2005 passed by learned additional District Judge, Second Court, Dhaka, dismissing M......es Judgment July 13, 2010. Result: The Rule is discharged. Cases Referred to- Ali Ahmed Vs. Rezia Begum, 1986 BLD 326; Fahim-al-Haque Vs. Md. Abdul Aziz, 43 DLR 226; Mofazzal Hossain Vs. Moinuddin, 3 BLC (AD) 78; Serajuddin Vs. Mizanur Rahman, 29 DLR (SC) 82; Uttara Bank Vs. Macn......CD) (2011) 51...

Category: Civil Law | Date: | Hits: 111

Saint Martin Commodities Limited Vs. Chairman & Joint Commissioner, Licensing Authority, Customs House & Others, 2010, 39 CLC (HCD)

....aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 49. ......ry affidavit be formed part of the main petition. At the instance of the petitioner Saint Martin Commodities Limited, this Rule Nisi was issued calling upon the respondent to show cause as to why the order in Nathi No.5 (20)59/ Agent/91 /4676(20) dated 18-6-2007 (Annexure-E) passed by the respondent......ared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 49. ......11) 49. ..

Category: Business or Commercial Law | Date: | Hits: 656

Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....nd of column 2 of the said RS Khatian, present address of the recordees is written as “ভারত পক্ষে বাংলাদেশ সরকার”. The said RS Khatian was prepared and published wrongly. It is stated that at the time of preparation of the said RS Khatian, the plaintif......the time of delivery of the judgment, the learned Deputy Attorney-General raised the point of limitation, submitting that the plaintiffs did not filed the instant suit within 90 days from the date of order of the Revenue Officer under sub-section (3) of section 92 of the State Acquisition and Tenanc......s at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37.......erred to- Joynal Abedin Vs. Hafizur Rahman, 13 BLD (AD) 150 = 44 DLR (AD) 162; Abdullah Vs. Abdul Karim, 20 DLR (SC) 205; Bangladesh Vs. Md. Shahjahan, 20 BLD (AD) 166; Additional Deputy Com­missioner (Revenue) Vs. Md. Reazuddin Pk, 5 BLC (AD) 76; Kamaruddin @ Fakira Vs. Anisur Rahman, 1 BLC 102..

Category: Property Law | Date: | Hits: 147

Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)

....ted 29.2.88 issued by the respondent No.1 in the aforesaid certificate case are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ......e from December, 1986. But to its utter sur­prise it received a notice dated 15th June, 1986 purported to be under Article 35 of the Bangladesh Shilpa Bank Order, 1972 (hereinafter mentioned as 'BSB order') issued by the Bank to pay Tk. 1,01,92,480/- in three, instalments within 30th day of the sam......se are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ......reme Court High Court Division (Sylhet Bench) (Special Original Jurisdiction) Present: Syed Misbahuddin Hossain J Qazi Shafiuddin J Mannaco Lab. Ltd.......................Petitioner Vs. General Certificate Officer & Bangladesh Shilpa Bank, Taltola, Hill Town Hotel.....

Category: Civil Law | Date: | Hits: 171

Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)

....oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ......te—For the Op­posite Parties. Civil Revision No.74 of 1986. Judgment Muhammad Ansar J. - The Rule issued at the instance of the plaintiff-petitioners is directed against the judgment and order dated 28.12.85 passed by Mr. Md. Shamsher Ali, Subordinate Judge, Kushtia in Misc. Appeal No.1...... Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ......(1990) 154. ..

Category: Procedural Law | Date: | Hits: 174

Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)

....gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......lty thereunder and sentenced to suffer R/I for 14 years by the learned Special Tribunal, Barguna in Special Powers Act Case No.20 of 1990 arising out of GR Case No.8 of 1990 (Bamna) vide Judgment and order dated 25‑7‑1991. 3. The prosecution case as stated on the basis of the First Informatio......ith the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......w months of the occurrence, the report of the chemical examiner of the viscera of the victim was received and thereafter a regular First Information Report was lodged with the Bamna Police Station by one Abdul Barek Sheikh, Officer‑in‑Charge, Bamna Station against the husband of the victim, name..

Category: Criminal Law | Date: | Hits: 135

Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)

....tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......the reasons above, I find no merit in the case of the petitioner. In the result the Rule is discharged. The Judgment and decree of the appellate Court is upheld. The suit is dismissed. The stay order granted earlier by this Court is hereby vacated. Send down the records to the Court below a...... Altafur Rahman, Advocate ‑ For the Opposite Parties. Civil Revision No.556 of 1988 (Rangpur) Civil Revision No.7765 of 1991 (Dhaka) Judgment Abu Sayeed Ahammed J.- Rule was issued against the Judgment and decree dated 27.8.88 passed by the District Judge, Thakurgaon in OC Appeal 23 ......ase is also Reported in: 48 DLR (HCD) (1996) 226. ..

Category: Property Law | Date: | Hits: 123

Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153.......i­tioner has challenged the legality of the detention or­der of her husband M. A. Wahid and has prayed for his release. 2. In the petition it has been stated that the de­tenu was served with an order of detention under Special Powers Act on the allegation that he was acting against the economi......etitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153....... 153...

Category: Criminal Law | Date: | Hits: 109

Abdus Satter Bhuiya Vs. Deputy Commissioner Dhaka & Others, 1988, 17 CLC (HCD)

....nd there is nothing to interfere in this matter by this Court at this stage. The application is, therefore, rejected summari­ly. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ......d the notice. But in the meanwhile the said Abdul Khaleque, Inspector, District Anti-Corruption Bureau filed a petition of complaint before the learned Chief Metropolitan Magistrate, Dhaka who by his order dated 20.8.86 took cognizance of the case under section 175 of the Penal Code and issued summo......rt at this stage. The application is, therefore, rejected summari­ly. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ...... High Court Division (Dhaka) (Criminal Revisional Jurisdiction) Present: F H Mohammad Habibur Rahman J Mahmudul Amin Chowdhury J Abdus Satter Bhuiya.........................Petitioner Vs. Deputy Commissioner Dhaka & Others ...............Opposite Parties Judgment ..

Category: Procedural Law | Date: | Hits: 118

Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)

....ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is de­creed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ......­tiff for the month of Baisakh to Ashar, 1391 B.S. But he refused to accept the same. The defendants thereupon sent the rent for the aforesaid months to the plaintiff on 7.7.84 through rent money order which was refused on 10.7.84 and the defendants re­ceived back the same on 14.7.84 and the......hers .............Opposite Parties Judgment June 22, 1989. Result: The rule is made absolute. Cases Referred to- M/s. A. Haque and Co. & another Vs. Alhaj Zakir Hossain, 40 DLR (AD) 109; M/s. Binning & Co. (Bangla-desk) Ltd. Vs. M/s. Nasirabad Properties Ltd. 40......90) 147. ..

Category: Tenancy Law | Date: | Hits: 214

Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)

.... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ...... final report in the case on 10-10-1988 under sec­tion 173 of the Code of Criminal Procedure. On re­ceipt of the final report of termination, the learned Upazila Magistrate, Dinajpur (Sadar) by his order dated 11.10.88 discharged the accused petitioner with a direction to the concerned author......oceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ......igh Court Division (Rangpur Bench) (Criminal Revisional Jurisdiction) Present: Syed Misbahuddin Hossain J HabiburRahman Khan J Satya Ranjan Sarda………………..Accused Petitioner Vs. The State……………………...............Opposite Party Judgment June 27..

Category: Criminal Law | Date: | Hits: 103