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Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

.... served and lease was cancelled and proceeded to answer these wrong questions wrongly, because admittedly the suit property was taken over under Acting President's Order No.IM-35/71-13 dated 26.12.71 published in the Bangladesh Gazette on 3.1.72 and the said order gave a blanket power to the Governm......ed by M.G. Bhuiyan, Advocate-on-Record-For Respondent No.1 (In both the appeals) Not represented-Respondent Nos. 2-5 (In both the appeals) Civil Appeal No. 45 of 1993. (From the judgment and order dated 1st September, 1992 passed by the High Court Division in First Appeal No.138 of 1990). ......………………..Appellant (In Civil Appeal No. 45 of 1993) Chairman, Sena Kalayan Sangstha……………………..Appellant (In Civil Appeal No. 86 of 1997) Vs. Haji Sufi Fazal Ahmed being dead his heirs: Mr. Nagar Mohiuddin and others………………………..Respondents (In both ......s. Govt. of Bangladesh, 27 DLR 170; Pubali Bank Vs. Chairman, First Labour Court, Dhaka and another, 44 DLR (AD) 40; Radha Kissen Chamria and others Vs. Durga Prosad Chamria, AIR 1940 PC 167; Commissioner of Income Tax Vs. Vadital Lallu Bhai, AIR 1973 (SC) 1016; Bangladesh Vs. Professor Golam Azam, ..

Category: Property Law | Date: | Hits: 111

Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)

.... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ......sued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn up against them for willful disobedience in handing over the delivery of the machinary despite order of stay granted by this Court on 5­-11‑97 passed in Writ Petition No.3285 of 1996 or suc......e petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ......ul Islam J M Hussain Haider J Islamia Automatic Rice Mills Ltd……………………………………….Petitioner Vs. Bangladesh Shilpa Rin Sangstha and others......................Respondents J..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 417

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......ame are not true and voluntary. 7. The learned Additional Sessions Judge, First Court, Gazipur having heard both the parties and considered the materials on record passed the impugned judgment and order of conviction and sentence dated 27.2.2008 convicting all the above named 5 accused persons in...... the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......n: ..

Category: Criminal Law | Date: | Hits: 98

Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

....the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308....... The learned Advocates of both sides also agreed that a Single Bench matter can be heard and disposed of by a Division Bench. 2. This Rule, calling in question the legality and propriety of the order dated 20.2.91 passed by the Subordinate Judge and Commercial Court No.1, Dhaka, in Title Appea......43 DLR (HCD) page 204; ILR 3 Mad (PC) page 384; AIR 1945 Cal. 492; AIR 1946 PC 103; 1984 BLD (AD) 285; PLD 1966 SC 684; AIR 1939 All. 633; AIR 1954 Mad. 848; AIR 1939. Lawyers Involved: Moinul Huq, Advocate ‑For the Petitioner. Kaiseruddin Ahmed, Deputy Attorney General ‑ For t......) 308...

Category: Procedural Law | Date: | Hits: 113

Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)

....tement stating the above facts; that after hearing, the Chief Election Commissioner directed for consolidation of results and on receipt of the consolidated result the name of the respondent No.2 was published in the Official Gazette on 25.4.1990. 4. Mr. Amirul Islam, learned Advocate for the ......use as to why the respondent No.1 should not be directed to organise, hold and conduct a fresh election in the disputed centre, namely No.13 Tetoya Government Primary School centre or such or further orders or orders passed as to this Court may seem fit and proper." 2. In this case election of......ay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ......Court High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Selim Ullah Bahadur .........Petitioner Vs. The Election Commission and others .....................Respondents Judgm..

Category: Election Law | Date: | Hits: 177

Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)

....oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......the accused appellants along with some other persons forming an unlawful assembly being armed with deadly weapons like ramdao, valla, lathi, gupti, gun etc. encircled them. Accused Ekramul Hoq passed order to kill them. Accused Shahjahan Biswas, Kuti Shaikh and Shaheb Shaikh and Dulu Biswas caught h......etter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......80) 1 SCC 530; (1969) 3; SCC 198 (202). Lawyers Involved: Serajul Haque with Mansurul Hoque Chowdhury, Salahuddin Yusuf and ABM Golam Majid, Advocates ‑For the Appellants (Condemned Prisoners). Shamsul Alam, Deputy Attorney‑General with Hefzul Bari, Advocate ‑ For the State. ..

Category: Criminal Law | Date: | Hits: 95

Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....aw and order (VI), (VII) to cause fear or alarm to the public or to any section of the people and prejudicial report means any report, statement or visible representation whether true or false or the publishing of which is or is an incitement to the commission of a prejudicial act. 68. From a ......desh on 6.12.90 in the greater interest of the country. The detenu was arrested on 11. 12.90 from his Sena Bhaban residence and has been kept in detention with effect from 12.12.90 in pursuance of an order passed by the Government under section 3(1) (a) of the Special Powers Act, 1974 for 120 days. ......ad as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......R (HCD) (1992) 312...

Category: Criminal Law | Date: | Hits: 113

Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)

....nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......cial Tribunal No. II, Bagerhat. 2. Main ground taken in this Rule is that after acquittal of the petitioner on 25.1.89 further proceedings of the case against him is illegal. It appears that an order of acquittal was recorded on 25.1.89 under the signature of Mr. Dabiruddin Shaikh, the then Sp......sions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......8 DLR (HCD) (1996) 87. ..

Category: Criminal Law | Date: | Hits: 73

Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)

.... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ......rn the garden that he gave you." She agreed and the Prophet said to Sabit: Take the garden and divorce her. According to another version in Bukhari, when she, agreed to return the garden, the Prophet ordered Sabit and he separated her. The other tradition of Habiba, as stated by Imam Malik and Abu D......all be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ...... is also Reported in: 48 DLR (HCD) (1996) 79. ..

Category: Family Law | Date: | Hits: 265

Tahera Nargis Syed Vs. Shamsur Rahman, Deputy In­spector General of Prisons, Dhaka Central Jail, 1989, 18 CLC (HCD)

....e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple im­prisonment for three (3) days. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 508. ......man, Deputy Inspector-General of Prisons, Nazimuddin Road, Dhaka Cen­tral Jail, Dhaka to show cause why he shall not be committed for Contempt of Court for willfully vio­lating and disregarding the orders of this Court to re­lease the detenu A.T. Kamruzzaman Syed passed on 16.2.89 in Criminal Mis......n default to suffer simple im­prisonment for three (3) days. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 508. ......me Court High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Tahera Nargis Syed……………………………Petitioner Vs. Shamsur Rahman, Deputy In­spector General of Prisons, Dhaka Central Jail…………..

Category: Criminal Law | Date: | Hits: 124

Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)

....er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......istrict Laxmipur to his two daughters. For this purpose he entrusted the defen­dants and his sons-in-law to help him in this matter and went to Laxmipur Sub-Registry Officers where the defendants in orders to grab his properties fraudu­lently and collusively created a deed of Ewaj on 21.11.83 and ...... to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......89) 500...

Category: Property Law | Date: | Hits: 136

Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)

....hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ......sion No. 657 of 1973. Judgment Md. Mozammel Hoque J.- In this Rule issued under section 115 of the Code of Civil Procedure, the plaintiff-opposite party was directed to show cause as to why the order dated 18.4.73 passed by the learned Subordinate Judge, 4th Court, Dhaka in Title Suit No. 37 o......44 (Lahore) 398; AIR 1955 Punjab 145; AIR 1945 Bombay 417; Jai Kishen Vs. Ram Lal Gupta, AIR 1944 Lahore 398; Jayantilal Jamnadas Vs. Chhaganlal Nathoobhai, AIR 1945 Bombay 417; Kumb­ha Mawji Vs. Dominion of India, AIR 1953 (SC) 313; Firm Shriram Haracharandas Khamgaon Vs. The President, The Court ......(1989) 504. ..

Category: Procedural Law | Date: | Hits: 93

Mercantile Fire and Gen­eral Insurance Co. Ltd. Vs. Bata Shoe Company Pakistan Ltd., 1989, 18 CLC (HCD)

....ance in the contentions raised by the learned Advocate for the appellant. In the result, the appeal is dismissed without any cost. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 45. ......gainst the judgment and decree passed by the Subordinate Judge, 4th Court, Dhaka in Money Suit No.25 of 1967. 2. The plaintiff’s case, in brief, is that the plaintiff Bata Shoe Company placed an order with defendant No.1 Mercantile Trading Company for supply of certain quantity of wired glass t......y cost. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 45. ...... from Original Decree No.236 of 1969. Judgment Latifur Rahman J.- This appeal by defendant No.2 is directed against the judgment and decree passed by the Subordinate Judge, 4th Court, Dhaka in Money Suit No.25 of 1967. 2. The plaintiff’s case, in brief, is that the plaintiff Bata Shoe Com..

Category: Business or Commercial Law | Date: | Hits: 325

Syed Alim Mansur Vs. Registrar, Joint Stock Compa­nies, 1989, 18 CLC (HCD)

....lthough no­tices were duly served upon the Registrar Joint Stock Companies and the Company and advertisement of the admission of the application and the date of hear­ing of the application was duly published in the Ban­gladesh Gazette and the daily newspaper. 3. The petitioner, Aqua Culture Fa......, a Director of the Company, has stated in the petition that the Company entered into a loan agreement on June 24, 1987 with Saudi Bangladesh Industrial and Agricultural Investment Company Limited in order to finance the costs of goods and services required to carry out a project of the Company whic......order. The Company shall bear the cost of this appli­cation. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ......vil Jurisdiction) Present: AM Mahmudur Rahman J Syed Alim Mansur, Director of the Aqua Culture Farms Ltd., Osman Court, 70 Agrabad C/A, Chittagong.......................................Petitioner Vs. Registrar, Joint Stock Compa­nies, Motijheel Commercial Area, Dhaka........Responden..

Category: Company Law | Date: | Hits: 191

Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)

.... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ...... P.C. Guha, Advocate-For the Petitioners. No one -For the Opposite Party. Civil Revision No. 655 of 1981. Judgment Qazi Shafi Uddin J.- This Rule is direct­ed against the judgment and order dated 4th of April, 1981 passed by the learned Subordinate Judge, Pirojpur in Title suit No.41......order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ......(1990) 10. ..

Category: Procedural Law | Date: | Hits: 82

Mahtabuddin Ahmed Vs. The Principal Secretary, President's Secretariat, Dhaka and Others, 1989, 18 CLC (HCD)

....ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ...... Mahtabuddin Ahmed.......................Petitioner Vs. The Principal Secretary, President's Secretariat, Dhaka and Others......Respondents Judgment November 14, 1989. Result: The order passed to review. Lawyers Involved: Shamsul Huq Chowdhury with Mahmudul Is­lam. Salm......repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ......R (1990) 1. ..

Category: Employment/Service Law | Date: | Hits: 209

State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)

....there that Siraj Miah and others got his sister, sister’s husband and their daughter murdered with the help of hired killers in a planed manner. Thereafter, from the people as well as from the news published in the news paper he came to learn that Siraj Miah, Sohel and Rajib with the help of hired......s case against them quite falsely. 9. The learned Bicharak, Druta Bichar Tribunal, Chittagong having heard both the parties and considered the materials on record passed the impugned judgment and order of conviction and sentence dated 19.9.2006 convicting all the above named 8 accused persons un......py of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ...... This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 105

Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)

....ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ......accept the documents as evidence filed by the plaintiffs with the plaint of the suit. This does not give right to remand of the case……………………..(17)    Before passing an order of remand the learned Judge decide the question rose in appeal on the basis of evidence on rec......fez Mawlana Humayun Kabir, Director, Hazrat Abu Sidique (Rh) Madrasha, Purba Keroya, Raipur, Laishmipur ................ Defendant-petitioner. Vs. Md. Lokman and others ......................Plaintiff-opposite parties. Judgment March 1, 2012. Result: The Rule is made absolute. ......rt Division (Civil) Present: Sheikh Abdul Awal J Hafez Mawlana Humayun Kabir, Director, Hazrat Abu Sidique (Rh) Madrasha, Purba Keroya, Raipur, Laishmipur ................ Defendant-petitioner. Vs. Md. Lokman and others ......................Plaintiff-opposite parties. Judgment ..

Category: Procedural Law | Date: | Hits: 113

Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)

....nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ....... 214 of 1996. Judgment Md. Abdur Razzaque J.-This Rule under section 115(1) of the Code of Civil Procedure (Act V of 1908) at the instance of the defendants-petitioners is directed against the order No.33 dated 9‑10‑95 passed by the learned Assistant Judge, 1st Additional Court, Gaibandha......e Party Judgment June 25, 2002. Result: The rule is discharged. Case Referred to- Rafiqul Islam and another Vs. Abul Kalam and others, 42 DLR 19. Lawyers Involved: Akram Hossain Amin, Advocate—For the Petitioner. No one—For the Opposite Parties. Civil Revision No. ......2003) 460. ..

Category: Procedural Law | Date: | Hits: 94

Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corrup­tion Officer & others, 2001, 30 CLC (HCD)

....t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ......ssued by the respondent No.1 asking the petitioner to remain present in the concerned banks in connection with the inspection of her lockers as evidence by Annexure A to the writ petition and why the order dated 1‑1‑1992 passed by the respondent No.5, the Sessions Judge, Dhaka according permissi......red to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ...... (Special original Jurisdiction) Present: MM Ruhul Amin J Md. Munsurul Hoque Chowdhury J Zeenat Mosharraf...........................................................................Petitioner Vs. Md. Sirajul Huq, District Anti-Corrup­tion Officer & others…………………..

Category: Criminal Law | Date: | Hits: 305