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Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....undone all its effects, consequences and results, this Indemnity (Repeal) Act No.21 of 1996 did not offend or infringe any provision of the Constitution by repealing a void Ordinance. It is a settled principle that a void law can never create any right or obligation in favour of any person for whom ...... a law and is void. 90. The purpose behind Indemnity Ordinance, 1975, was to save or indemnify some killers, a purpose which is against fundamental human rights adopted by UN Charter and different International Conventions. In this connection it is worth‑while to quote William Shakespeare, from......inal Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Matin J Shahriar Rashid Khan..........................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs and others.................................Respondents (In Writ Petiti..

Category: Criminal Law | Date: | Hits: 202

Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)

....rk and submit police report as early as possible. Let a copy of the judgment and order be trans­mitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......rk and submit police report as early as possible. Let a copy of the judgment and order be trans­mitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......chedule offence of the Anti-Corruption Commission Act, 2004.………………………………….(8) Cases Referred to- Bayazid Vs. State 61 DLR 772; Abdul Huque Vs. State 60 DLR (AD) 1. Lawyers Involved: Fazle Rabbi, Advocate-For the Petitioners. AKM Fazlul Hoque. Advocate-For th..

Category: Criminal Law | Date: | Hits: 101

Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)

.... 1983 and so the respondent No.5 had no other alternative but to reject those nomination papers. 6. Mr. Mahabubur Rahman, the learned Advocate for the respondent No.6, submits that in view of the principles as laid down in 41 DLR (AD) 68 and 42 DLR (AD) 137 the jurisdiction of the High Court Div...... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420......., AIR 1956 (SC) 141; Shri Bari Ram Vs. Smt. Prasani and others, AIR 1959 (SC) 93; Rangilal Chowdhury Vs. Dahu Sao and others, AIR 1962 SC 1248 and Hira Singh Pal Vs. Madan Lal, AIR 1968 SC 1179. Lawyers Involved: Dr. M Zahir with Khaled Hamid Chowdhury, Advocates—For the Petitioner. Abd..

Category: Election Law | Date: | Hits: 211

International Finance Investment and Commerce Bank Ltd. Vs. Chittagong Steel Mills Limited and another, 2002, 31 CLC (HCD)

....ng at any stage whenever the Court finds it necessary for effectual and complete adjudication of the matters at issue but this discretion must be exercised in conformity with the established judicial principle and time-honoured norms. 14. It has been held by their Lordships in the case reported i......sary action. Ed. This Case is also Reported in: 55 DLR (2003) 417....... Rahman and others, 1997 BLD 177=49 DLR 187; MM Ispahani Limited Vs. Sonali Bank and others, 1984 BLD (AD) 242=37 DLR (AD) 1; Bank of Bihar Limited Vs. Damodar Prased and another, AIR 1969 SC 297. Lawyers Involved: AQM Safiullah, Advocate—For the Petitioner. Syed Ishtiaq Ahmed, Counsel—..

Category: Civil Law | Date: | Hits: 101

Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)

....The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......le is discharged. Cases Referred to- Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; Joydayal Poddar Vs. Bibi Bajera and others, AIR 1974 SC 171. Lawyers Involved: Sarder Abul Hossain for Shahidul Islam, Advocate—For the Petitioner. Abul ..

Category: Property Law | Date: | Hits: 103

Abdul Hannan Vs. Managing Committee, Mohamma­dia Market Baboshahi Bahu­mukhi Samabaya Samity Limited, 2000, 29 CLC (HCD)

....o excluded, the Civil Courts have jurisdiction to examine cases where the provisions of the Act have not been complied with, or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure. Mr. Ariff also referred to a decision in the case of Rafiqul Alam ......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 55 DLR (2003) 409. ...... Cases Referred to- Secretary of State represented by the Collector of South Acrot Vs. Mask & Co., 44 CWN 709 (Privy Council); Rafiqul Alam (Md.) Vs. Mustafa Kamal and ors, 42 DLR (AD) 137. Lawyers Involved: AF Hassan Ariff with Khaleda Zaman, Siper Mustofa, Advocates—For the Petition..

Category: Procedural Law | Date: | Hits: 124

Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)

.... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ...... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ......Ors. 31 DLR (AD) 195; Bangladesh Vs. Haji Abdul Gani, 32 DLR (AD) 233; Abdul Khaleque Sarnamat Vs. Abdul Kkaleque Sarnamat and another, 1 BLC (AD) 90; Abu Bakker Vs. Nazir Ahmed, 34 DLR (AD) 237. Lawyers Involved: Md. Shamsul Haque, Advocate‑For the Petitioner. Syed Ziaul Karim, Advocate..

Category: Property Law | Date: | Hits: 114

Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)

....ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......, 1994. Result: The appeals are allowed. Cases Referred to- Nurul Islam Vs. State 8 BLD (1988) 106; Arshadullah and Nurul Islam Vs. State 21 DLR 684; Abul Hashem Vs. State, 44 DLR 159. Lawyers Involved: Shawkat Ali Khan with Syed Golam Mustafa and Umme Kulsum Rekha, Advocates– Fo..

Category: Criminal Law | Date: | Hits: 74

Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)

....ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ...........Respondents Judgment March 4, 1997. Result: The appeal is discharged. Cases Referred to- Fazlul Haque Vs. State 11 DLR 316; Abdul Mannan and others Vs. State 44 DLR (AD) 60. Lawyers Involved: Syed Ziaul Karim with Md. Khurshid Khan and Syeda Maimuna Begum, Advocates‑ F..

Category: Criminal Law | Date: | Hits: 85

Institute of Child Mother Health Vs. Abdus Salam, son of Late Yusub Molla and another & 5 others, 1996, 25 CLC (HCD)

....pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 160.......pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 160.......€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Abdus Salam, son of Late Yusub Molla and another & 5 others.........Opposite Parties Judgment August 19, 1996. Result: The rule is discharged. Lawyers Involved: AF Hasan Arif, Advocate‑ For the Petitioners (In all the Civil Revisions). ..

Category: Property Law | Date: | Hits: 84

Nasiruddin (Hazi Md.) Vs. Md. Mozammel Hossain and others, 2010, 39 CLC (HCD)

....spose of the appeal within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ......spose of the appeal within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ...... Nasiruddin (Hazi Md.)………………Petitioner Vs. Md. Mozammel Hossain and others………………Opposite Parties Judgment March 9, 2010. Result: The Rule is discharged. Lawyers Involved: Md. Saidur Rahman, Advocate - For the Petitioner. Md. Mamun Kabir, Advocate ..

Category: Procedural Law | Date: | Hits: 108

Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)

....d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......J Jahangir Alam and others………………………Appellants Vs. State……………………Respondent Judgment February 22, 2011. Result: Both the appeals are allowed. Lawyers Involved: Khandaker Gulzar Hossain with Md. Haroon-or-Rashid with Md. Nazrul Islam, Advoc..

Category: Criminal Law | Date: | Hits: 142

Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)

.... which deals with the Executive Authority in relation to property, trade, etc. He has cited a decision as reported in AIR 1996 SC 11 Tata Callular Vs. Union of India, in which requirements of tender, principle of judicial review applicable to contractual power exercisable by government were discusse......ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433.......llular Vs. Union of India; Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan and others, 2002 BLD (AD) 163=54 DLR (AD) 130; Hyundai Corporation Vs. Simiking busam, 54 DLR (AD) 88. Lawyers Involved: Tawfique Nawaz with Muhammad Feroze and Atiqul Karim, Advocates—For the Petit..

Category: Others | Date: | Hits: 174

Dr. Abida Sultana Bhuiyan Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, and others, 2003, 32 CLC (AD)

....lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 430. ......lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 430. ......desh represented by the Secretary, Ministry of Home Affairs, and others…………………………………….Respondents Judgment March 4, 2003. Result: The Rule is made absolute. Lawyers Involved: Rokanuddin Mahmud with Md. Asaduzzaman—For the Petitioner. Mohammad Abdull..

Category: Criminal Law | Date: | Hits: 104

Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)

.... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ...... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ......thers………………………Petitioners Vs. Md. Shamsul Alam alias Md. Alam…………………….Opposite Party Judgment April 1, 2002. Result: These Rules are discharged. Lawyers Involved: Mahmudul Islam, Advocate—For the Petitioners. MI Faruqui with M Saleemulla..

Category: Procedural Law | Date: | Hits: 100

Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)

.... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ...... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......)……………………Petitioner Vs. Magistrate (Abu Zafar) Jessore and others……………………Respondents Judgment August 10, 2010. Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan with Mohammad Hossain, Advocates - For the Petitioner. ..

Category: Criminal Law | Date: | Hits: 94

Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)

....e of the statutory period of 90 days for disposal of the appeal. 11. In the case of Dr. Mohiuddin Khan Alamgir Vs. State in Criminal Appeal No.4393 of 2007 (unre­ported) this Court relying on the principle enunciat­ed in Criminal Appeal No.2888 of 2008 granted bail to the convict-appellant in a......on the Medical Board stat­ed as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment October 29, 2008. Result: The application for bail is allowed. Cases Referred to- ACC Vs. Barrister Mir Md. Helaluddin, 60 DLR (AD) 57. Lawyers Involved: Raflque-ul-Huq with Ahsanul Karim, Faheemul Huq, Khairul Alam Choudhury, Kabir ..

Category: Criminal Law | Date: | Hits: 125

Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)

....1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ......1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ......s………………………Opposite-Parties Judgment August 19, 2010. Result: The Rule is made absolute. Cases Referred to- 15 MLR (AD) 20; 15 BLT (AD) 237; 15 BLT at page 425. Lawyers Involved: SB Bhandari with Shah Md. Munir Sharif, Advocates - For the Petitioner. Moud..

Category: Civil Law | Date: | Hits: 229

Yasinullah Vs. State, 2003, 32 CLC (HCD)

....the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......i and others Vs. State, 1994 BLD 566=46, DLR 535; Solicitor, Government of Bangladesh Vs. AT Mridha, 26 DLR (SC) 17; Nasiruddin Mahmud and others Vs. Momtazuddin Ahmed and another, 36 DLR (AD) 14. Lawyers Involved: Khondaker Mahbubuddin Ahmed with Enayetullah Chowdhury and Md. Nuro Nabi, Advoc..

Category: Criminal Law | Date: | Hits: 86

AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....o be struck down. Furthermore it is stated that section 9(2) of the Public Servants (Retirement) Act, 1974 (hereinafter referred to as the Act) has no guidelines for its appreciation and violates the principles of Natural Justice; the authority has issued the impugned order compulsorily retiring the......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......(Capt.) Vs. Bangladesh Biman Corporation, 13 MLR (AD) 2008 page 1=60 DLR (AD) 21; Mofizur Rahman Khan Vs. Government of Bangladesh, 34 DLR (AD) 321; Farzand Ali Vs. West Pakistan, 22 DLR (SC) 208. Lawyers Involved: Md. Salahuddin Dolon with Md. Munsurul Hoque Shafi, Advocate - For the Petition..

Category: Employment/Service Law | Date: | Hits: 157