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Kazi Mokhlesur Rahman Vs. Government of the People's Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....be discharged. In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost. Ed. This case is also Reported in: 49 DLR (HD) (1997) 126. ......ppointment of respondent No.4 as Government pleader of Dhaka vide Annexure-A to the writ petition should not be declared to have been made and passed illegally and without any lawful authority (a per order dated 6-11-96). 2. It is the case of the petitioner that he was enrolled as an Advocate by ......ged and in the facts and circumstances of the case we pass no order as to cost. Ed. This case is also Reported in: 49 DLR (HD) (1997) 126. ...... (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Matin J Kazi Mokhlesur Rahman……………………………………………………………………Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the Peo..

Category: Others | Date: | Hits: 212

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

..... As the Parliament thought it necessary to repeal the said Indemnity Ordinance No.50 of 1975, it passed the Indemnity (Repeal) Act No.21 of 1996 repealing Indemnity Ordinance No.50 of 1975 which was published in the Bangladesh Gazette 14‑11‑96. Section (1) (2) of the aforesaid Indemnity (Repeal...... standi to file the writ petitions and that they might seek alternative remedy under the Criminal Procedure Code. So, the two writ petitions were not maintainable. He further submits that against the orders passed in those two writ petitions the petitioners went before the Appellate Division and pre......tution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......D) (1997) 133. ..

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. ......e No. 7 dated 7-4-2005 then pending in the Court of Magistrate, First Class, Gaibandha, should not be quashed or any other passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all further proceeding of the above mentioned case was also stayed for a period of 6 (six) mo......e. 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. ......High Court Division (Criminal Miscellaneous Jurisdiction) Present: Khandaker Musa Khaled J Quazi Reza-ul-Hoque J Habibur Rahman Mondal (Md.) and others..........................Petitioners Vs. State and another……………………….Opposite-Parties Judgment May 24..

Category: Criminal Law | Date: | Hits: 101

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

.... 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.......ful Alam Mahmud, Advocates—For Respondent No.6. Writ Petition No.1031 of 2003. Judgment Md. Tafazzul Islam J.- This Rule was issued calling upon the respondent to show cause as to why the order dated 5‑1‑2003 passed by the respondent No.4 rejecting the Appeal filed by the petitioner......d fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420....... 420...

Category: Election Law | Date: | Hits: 211

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

....the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 417.......ullah, Advocate—For the Petitioner. Syed Ishtiaq Ahmed, Counsel—For Opposite Party No.1. Civil Revision No.2611 of 1996. Judgment Gour Gopal Saba J.- This Rule is directed against the order dated 5‑8‑1996 passed by the Subordinate Judge and 2nd Court of Artha Rin Adalat and Comme...... Ed. This Case is also Reported in: 55 DLR (2003) 417.......Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Sk Rezowan Ali J International Finance Investment and Commerce Bank Ltd…….…..Petitioner Vs. Chittagong Steel Mills Limited and another....................Opposite Parties Jud..

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. ......n the custody of his full brother who has been living in his paternal house. It is evident that at the time of recent survey operation, the plaintiff brought the title documents from the defendant in order to record their name in the khatian. He further submits that the plaintiff failed to prove mot......o- 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 Kamal Chowdhury, Advocate—For the Op......ed in: 55 DLR (2003) 412. ..

Category: Property Law | Date: | Hits: 103

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

....‑12‑1997 and that committee took a decision in the meeting held on 13‑9‑1997 to hold the election of its next executive committee and fixed 13‑12‑1997 for election, notice of election was published in the daily newspaper, election schedule was communicated to all the members and accordin......a, Advocates—For the Petitioner. Syed Ziaul Karim with UF Ahmed, Advocates—For the Opposite Party. Civil Revision No. 28 of 2000. Judgment Md. Awlad Ali J.- This Rule arises out of an order dated 30‑9­-1999 passed by the Assistant Judge, 1st Court, Dhaka in Title Suit No.238 of 19....... ......n: 55 DLR (2003) 409. ..

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. ......ubsequently, Nazar Ali filed three Miscellaneous cases bearing Nos.1030/72‑73, 103/72‑73 and 1033/72‑73, for redemption in pursuance of President's Order No.88 of 1972 and the Magistrate passed orders of redemption on 28‑7‑73, 13‑3‑74 and 12‑3‑74 respectively but Nazar Ali and his ...... Karim, Advocate‑ For the Opposite Party Nos.1 & 2. Civil Revision No.3257 of 1991(Dhaka) Civil Revision No.117 of 1990(Barisal) Judgment Mohammad Fazlul Karim J.- This Rule, at the instance of the plaintiff-petitioner, is directed against judgment and decree dated 5‑5‑90 passe......49 DLR (HD) (1997) 172. ..

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. ......n 19A and 19(f) of the Arms Act and sentenced to suffer rigorous imprisonment for 10 years and 7 years respectively with a direction that both the sentences will run consecutively by the judgment and order dated 17‑4‑1993 passed by the Special Tribunal Judge, Court No.17, Dhaka in Special Tribun......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. ......holding investigation in Gulshan PS Case No.9 (1) 92 under sections 395/397 Penal Code the police arrested accused-appellant SH Habibullah Hablu on suspicion on 30-1-92 and came to know from him that one SMG and some other firearms and ammunition were kept under the possession of accused-appellant T..

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. ......peal No.2176 of 1995 and Criminal Appeal No.1713 of 1996. Judgment Md. Abdul Karim J.- Criminal Appeal No.2176 of 1995 and Criminal Appeal No. 1713 of 1996 are directed against the judgment and order dated 31‑11‑91 passed by the learned Sessions Judge, Sariatpur, in Sessions Case No.16 of ......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. ......r. At 10‑00 PM of the same night appellant Amir Hossain Dhali along with accused Abdul Mannan Bayati and Ayub Ali Sarker came to the house of deceased Abdur Rashid and asked him if he had received money from accused Shamsul Haque Sarder in respect of the tank which is adjacent to the house of the ..

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.......bitration and the court of Subordinate Judge, Dhaka as Arbitration Revision Cases respectively being Nos.1654, 820, 1629, 1637, 1634 and 842 all of 1990. 4. Learned Arbitrator by his judgment and order passed in the case No.1654 of 1990 increased the award and fixed the compensation at the rate ......e Party No.1 (In Civil Revision Nos.123‑125 of 1996) Civil Revision Nos. 121 to 125 of 1996 with Civil Revision No.369 of 1996. Judgment Md. Golam Rabbani J.- All these Rules have been obtained by the Requiring Body against the awards of compensation for acquired lands arising out of six ...... (Civil Revisional Jurisdiction) Present: Md. Gholam Rabbani J M Bazlur Rahman Talukder J Former Modern Shishu Hospital, presently Institute of Child Mother Health………………Petitioner Vs. Abdus Salam, son of Late Yusub Molla and another & 5 others.........Opposite Part..

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. ......iscellaneous Case No. 7 of 2008. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of defendant respon­dent petitioner calls in question the legality and pro­priety of judgment and order dated 26-8-2008 passed by learned District Judge, Dhaka, summarily rejecting Transfer Miscella......at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ......Reported in: 63 DLR (HD) (2011) 303. ..

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.......the Anti-Corruption Commission (ACC). Criminal Appeal No.8770 of 2009 with Criminal Appeal No.142 of 2010. Judgment AKM Zahirul Hoque J.- These two appeals arose out of the same judgment and order dated 30-11-2009 passed by the Divisional Special Judge, Barisal in Special Case No. 9 of 2009......wn 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.......2) of the Prevention of Corruption Act, 1947 and sentencing appellant Nurul Islam for 5 years rigorous imprisonment and also to pay fine of Taka 5,000 in default to suffer rig­orous imprisonment for one year more. And also sentencing him under section 161 of the Penal Code for rigorous imprisonment..

Category: Criminal Law | Date: | Hits: 142

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

....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.......alling upon the respondents to show cause as to why the contract to supply and incorporate a Convert-Overt Featured Foil with Applicator Machine for the Cigarette Stamp and Band signified by the work order dated 22‑9‑02 awarded by respondent No.7 to the respondent No.8 (Optalgio Limited) arising......d 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....... 433...

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. ......nt Attorney‑General­—For the Respondents. Writ Petition No.1385 of 2003. Judgment Md. Awlad Ali J.- This Rule Nisi issued under Article 102(2)(b)(i) of the Constitution arises out of an order of detention dated 24‑12‑2002 made by the District Magistrate, Dhaka. 2. The petitioner......haka 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. ......003) 430. ..

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. ......th M Saleemullah, Advocates—For the Opposite Party. Civil Revision No. 4639 of 1995 with Civil Revision No. 4640 of 1995. Judgment MA Wahhab Miah J.- These two Rules have arisen out of two orders of similar nature passed in Miscellaneous Case Nos.29 of 1995 and 30 of 1995 both dated 31‑......r the Opposite Party. Civil Revision No. 4639 of 1995 with Civil Revision No. 4640 of 1995. Judgment MA Wahhab Miah J.- These two Rules have arisen out of two orders of similar nature passed in Miscellaneous Case Nos.29 of 1995 and 30 of 1995 both dated 31‑10‑1995 passed by the learned ......o Reported in: 55 DLR (2003) 428. ..

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. ......trate sought report from the respondent No. 2 who sent his report on 17-2-2007 denying the claim of the petitioner. Thereafter the learned Magistrate dismissed the said MR Case No.13 of 2007 vide his order dated 29-4-2007. 4. Being aggrieved the petitioner filed Crimi­nal Revision Case No.75 of ......y 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. ......LR (HD) (2011) 290. ..

Category: Criminal Law | Date: | Hits: 94

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

....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. ......an applica­tion for bail on behalf of the convict appellant-Iqbal Hasan Mahmood @ Iqbal Hasan Mahmood Tuku. 2. The convict-appellant preferred the instant appeal against the impugned judgment and order dated 15-11-2007 passed by the learned Special Judge, Special Court No.5 Dhaka in special case......tisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......ti-Corruption Commission Act 2004 and sentenc­ing him to suffer rigorous imprisonment for 7 (seven) years with a fine of Taka 50,00,000 (fifty lakh) in default to suffer rigorous imprisonment for 1 (one) year more and also confiscating the proper­ties in the name of the appellant in favour of the ..

Category: Criminal Law | Date: | Hits: 125

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

....se bearing No.355 of 2004 was started on 1-6-2004 pursuant to the execution case the executing Court invited tenders in respect of the schedule land to sell the same in auction. The tender notice was published in 'The Daily Protham Alo' and 'The Dainik Sangbad' on 13-8-2005, but no bidder was partic......ri, Advocate - For the Opposite-Party No.2. Civil Revision No.185 of 2010. Judgment Abdul Awal J.- This Rule was issued calling upon the opposite parties to show cause as to why the impugned order dated 9-11-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellan......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. Moudud Ahmed with Raziudddin Ahmed, KP Bhowmik and Khalifa Shamsun Nahar, Advocates - For the Opposite-Party No.1. Md. Hefz......ed in: 63 DLR (HD) (2011) 282. ..

Category: Civil Law | Date: | Hits: 229

Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)

....ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......e Appellant. ABM Waliur Rahman Khan Assistant Attorney­-General—For the State. Criminal Appeal No. 2280 of 2000. Judgment Md. Abdul Quddus J.- This appeal is directed against judgment, order of conviction and sentence dated 26‑6‑2000 by Additional Sessions Judge First Court Mymens......Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ...... and his elder brother deceased Azizul Islam went at 4‑00 PM to Kashigonj Bazar. While they were returning at 10‑00 PM and when they came to the place on the road 200 yards west from the house of one Gofur 5/7 miscreants encircled them and stopped them on the road. Informant Saidul Islam recogni..

Category: Criminal Law | Date: | Hits: 103