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State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)

....Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... Criminal Appeals being Nos. 3838 of 2005, 3873 of 2005, 4103 of 2005, 4497 of 2005, 4321 of 2005, 1139 of 2008 and 4490 of 2011 are allowed. The Criminal Appeal no. 4093 of 2005 was dismissed. Lawyers Involved: Md. Jahangir Alam, Deputy Attorney General, Md. Ensanuddin Sheikh and Md. Nurul..

Category: Criminal Law | Date: | Hits: 93

Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)

....side the ex parte dismissal of the suit assigning cogent reasons. The learned Advocate further submits that the learned trial Court by exercising his best discretion in accordance with sound judicial principles set aside the ex parte order of dismissal of the suit on assigning cogent reasons and the...... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......ers.......................Opposite Parties Judgment March 25, 1998. Result: The Rule is discharged. Case Referred to- Rafiqul Islam and another Vs. Abul Kalam and ors, 42 DLR 19. Lawyers Involved: Golam Mostafa, Advocate - For the Petitioner. Abdul Quayum, Advocate - For t..

Category: Procedural Law | Date: | Hits: 87

Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)

....ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ...... The Rule is discharged. Cases Referred to- Atikullah Khan Masud Vs. State, 15 BLD (AD) 14; Golam Haider Vs. Karim Box, 15 DLR (SC) 2; Mohammad Belayet Hossain Sharif Vs. State, 18 BLD 172. Lawyers Involved: Md. Forid Ahmed with Iqbal Hye Chowdhury, Advocates - For the Petitioner. K ..

Category: Criminal Law | Date: | Hits: 93

Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)

....in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......tary Ministry of Home Affairs, 28 DLR 48; Emperor Vs. Shibnath Banerjee, AIR 1946 (PC) 159; Sultanara Begum Vs. Secretary Ministry of Home Affairs, 38 DLR 93; Pearu Mahammad Vs. State, 44 DLR 603. Lawyers Involved: Abdul Salam Mamun, Advocate - For the petitioner. MA Rouf Assistant Attorney..

Category: Criminal Law | Date: | Hits: 72

Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)

....being so authorised by a resolution dated 2-4-97 of the SEC only to present the extracts of that report to the Court and the same is merely a ministerial act and as such there was no violation of the principle that the delegatee cannot further delegate his authority to another person. He contended t......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......1; Abdul Ali Vs. State, 30 DLR (SC) 58; Dost Mohammad Vs. State, 29 DLR 122; Siraj Miah vs. Bangladesh, 32 DLR (AD) 35; Nokes Vs. Doncaster Amalgamated Collieries Ltd., (1940) AC 1014 (at P 1022). Lawyers Involved: Serajul Huq, Rafiqul Huq, ABM Golam Majid, Anisul Huq with Taufika Karim, Advoc..

Category: Business or Commercial Law | Date: | Hits: 219

Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)

....he bailor. In Coldman Vs. Hill 1919 1 KB (CA) 443 cows were stolen from the custody of the bailee and he was liable to the bailor since he was negligent in not informing the police. Applying these principles, there is no hesi­tation in saying that the Port Authority is liable for the loss. The H......nstruc­tion of the sections may not necessarily be taken as approved. In the result therefore this appeal is dis­missed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364.......ing Vs. Co. P.S.M.S. Saheb, AIR 1959 Mad 367; E.I. Rly. Vs. Piyare Lal, AIR 1928 Lah 774; Barbant Vs. King, 1895 AC 632; Ranson Vs. Platt, 1911 2 KB (CA) 291; Coldman Vs. Hill, 1919 1 KB (CA) 443. Lawyers Involved: Mozammel Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Rec..

Category: Civil Law | Date: | Hits: 112

Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)

....the appeal was dismissed. 5. Leave was granted to consider the question whether the Learned Judges of the High Court Division were well founded in applying the case of Amir Hossain and whether the principle of Muzuqullah's case and Nasiruddin Ahmed's case are attracted and whether under Article 6......this appeal is allo­wed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......he appeal is allowed. Cases Referred to- Amir Hossain's case, PLD 1963 (SC) 185; Zafrul Ahmed’s case, 12 DLR (SC) 921; Murzuqullah, (1969) 21 DLR (SC) 16; Naziruddin Ahmed, 25 DLR (SC) 94. Lawyers Involved: A.W. Bhuiyan, Additional Attorney-General, instructed by Zinnur Ahmed, Advocate..

Category: Employment/Service Law | Date: | Hits: 196

Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)

.... relinquished its right, title and interest in favour of the defendant. The Pourashava is governed by the T.P. Act. Reliance may be placed on the decision reported in AIR 1928 All. 95. Applying these principles in the facts and circumstances of the case there is no hesitation in saying that the plai......d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......Vs. Dara Shah, AIR 1936 Nagpur 282; Moazame Shaikh Vs. Annada Prasad, 46 C.W. No.367; Jones Vs. Foby, (1891) 1 Q.B. 731; Rammohan Chowdhury Vs. Tejendra Lal Chowdhury, 6 DLR 577; AIR 1928 All. 95. Lawyers Involved: Khondker Mahbubuddin Ahmed, Sr. Advo­cate (Mahbubey Alam, Advocate with him) i..

Category: Property Law | Date: | Hits: 99

Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead his heirs: Amena Khatun and others, 1982, 11 CLC (AD)

....Pukhal Chandra Mondal, 33 DLR (AD) 309. This is a case of separation of jama under section 117(1)(c) of the State Acquisition and Tenancy Act and not a case of amalgamation and consolidation, but the principle laid down therein provides the necessary guidance. In that case it has been held as follow......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 338. ......al, 33 DLR (40) 309; Begum Asia Rahman, 26 DLR (SC) 58; Mofizuddin Patwary, 33 DLR (AD) 305; Ahdul Rouf Vs. Amuda Khatun, 33 DLR (AD) 323; Balai Chandra Mondal Vs. Nibaran Chandra Das, 51 CWN 644. Lawyers Involved: Hamidul Huq Chowdhury, Mozammel Huq, Senior Advocates, A Y Masihuzzaman, Advoca..

Category: Property Law | Date: | Hits: 128

Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)

....d judgment and order was stayed till dis­posal of the appeal. He furnishes a photostat copy of the judgment of the Appellate Division passed in that leave petition. The appeal is now pending. So the principle of law enunciated in the judgment of this Court passed in that Writ Petition has no man­n......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......sult: The Rule is discharged. Cases Referred to- RS Nayak Vs. AR Autulay, AIR 1984, Supreme Court, 684; Ramesh Balkrishna Kulkarni Vs. State of Maharashtra, 1985 Supreme Court Cases, 606. Lawyers Involved: SM Shahjahan, Advocate - For the Petitioner. AKM Zahirul Huq, Assistant Atto..

Category: Criminal Law | Date: | Hits: 230

Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)

....eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ...... well settled by this time that this is not wise to bring the civil dispute before the Criminal Court in order to put pressure upon the party, and the proceedings liable to be quashed.......(12) Lawyers Involved: Abdur Razaque Khan with Md. Nesar Ahmed and Md. Nurul Huda, Advocates - For P..

Category: Labour and Industrial Law | Date: | Hits: 201

Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)

....gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......ugh that a junior Advocate of the Bar having no outstanding practice in this Court and who is not at all aggrieved person brought wild allegations against the Senior Members of the Bar including some Internationally reputed and rec­ognized jurists and made naked allegations having no foundation. ...... Cases Referred to- Muslimuddin Vs. State, 38 DLR (AD) 31; Paran Chadra Barai Vs. State, 2 BCR 292, (Para-II); 6 BCR (AD) 225; Afzalul Abedin Vs. Government of Bangladesh, 10 BLT 490=8 BLC 601. Lawyers Involved: Mahmudul Islam with Probir Neogi, Advocates - For the Accused Petitioners. M..

Category: Criminal Law | Date: | Hits: 132

Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)

....and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393.......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393.......sain J Gazi Wires Ltd……………Petitioner Vs. National Board of Revenue and others………………Respondents Judgment April 1, 1998. Result: The Rule is made absolute. Lawyers Involved: Mainul Hosein and Manzur Kader, Advocates - For the Petitioner. Not Represen..

Category: Fiscal/Taxation Law | Date: | Hits: 169

MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)

.... that after a long period of service in the higher post, the passing of an impugned order, demoting the petitioner to a lower grade, for his no fault and without any show cause notice, is against the principle of natural justice and, as such, the said order being unconstitutional is liable to be set......nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......………Petitioner Vs. Chairman, Bangladesh Water Development Board (BWDB) and others………………Respondent Judgment January 21, 1998. Result: The Rule is made absolute. Lawyers Involved: Abdul Baset Majumder, Advocate - For the Petitioner. B Hossain, Advocate - F..

Category: Employment/Service Law | Date: | Hits: 184

Karamat Ali and others Vs. Government of People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....red to the case of Government of Bangladesh Vs. Dr. Nurul Islam, reported in 33 DLR (AD) 201 wherein it has been held: “Since neither the impugned provisions of the Act nor the rules provide any principle or guideline for the exercise of discretion by the Government when it proposes to retire a....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 372. ......try of Works and ors., 42 DLR (AD) 86; Iqbal Ahmed Quraishi Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People’s Republic of Bangladesh, Dhaka, 45 DLR 416. Lawyers Involved: MI Farooqui with Salimullah, Khurshid Alam Khan and Razia Sultana, Advocates - ..

Category: Property Law | Date: | Hits: 150

Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

.... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ......titioner Vs. Government of Bangladesh represented by the Secretary and others………………Respondents Judgment October 23, 1997. Result: The petition is rejected in limine. Lawyers Involved: Dr. Kamal Hossain with HR Sharif, Advocates - For the Petitioner. Writ Petit..

Category: Employment/Service Law | Date: | Hits: 244

Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)

....Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329...............Respondent Judgment May 8, 1983. Result: The appeal is dismissed. Cases Referred to- Bakshu Mea Vs. Bangladesh, 30 DLR (AD) 228; Sikandar Ali Vs. State, 31 DLR (AD) 134. Lawyers Involved: Moinul Hossain, Advocate, with Md. Joynal Abedin, Advocate, instructed by Md. A..

Category: Criminal Law | Date: | Hits: 82

A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)

....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......tate and another……………………Respondent Judgment May 4, 1983. Result: The appeal is allowed. Case Referred to- Mahboob Ahmed Vs. The State, PLD 1963 (WP) Karachi 692. Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-reco..

Category: Criminal Law | Date: | Hits: 81

Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)

....ase the Court was bound to scrutinize the evidence very carefully, there was no rule of the law of evidence that such a Will was incapable of being proved. I find no reason to disagree with the above principle.” Having considered the facts and circum­stances of the case, the evidence on record...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ...... 1962 AIR SC 567; Manindra Chondra Lala Vs. The Mahaluxmi Bank Limited (1944-45) 49 CWN PC 481; Susama Bala Vs. Anath Nath (1976) AIR Cal. 377; Binoditti Debya Vs. Hriday Nath Ghoshal, 12 CWN 424. Lawyers Involved: M. H. Khondkar, Advocate, (Formanullah Khan, Advocate with him), instructed by ..

Category: Property Law | Date: | Hits: 80

Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)

.... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310....... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310.......Judgment April 11, 1983. Result: The appeal is allowed. Cases Referred to- Kesho Vs. Goyal and Company, AIR 1938 Lahore 95; R. Vs. Judge of Essax County Court, (1887) 18 Q.B.D. 704. Lawyers Involved: M.H. Khondker, Senior Advocate instruc­ted by Mr. Md. Aftab Hossain, Advocate-..

Category: Property Law | Date: | Hits: 113