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Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)

....ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ......ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ......am Khan……………Respondent Judgment November 11, 1997. Result: The appeal is allowed. Case Referred to- Shirkat‑i‑Ahbab Vs. National Bank of Pakistan, 21 DLR (SC) 275. Lawyers Involved: Md. Waliul Islam, Advocate - For the Appellant. M Shamsul Alam, Advocate - F..

Category: Civil Law | Date: | Hits: 65

Syed Abdul Mannan and others Vs. Md. Mujahar Ali Mridha and others, 1997, 26 CLC (HCD)

....hereby vacated. In the facts and circumstances of the case there will be no order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 81. ......hereby vacated. In the facts and circumstances of the case there will be no order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 81. ...... Barek and others………………..Petitioners Vs. Md. Mujahar Ali Mridha and others…………….Opposite Parties Judgment April 10, 1997. Result: The Rule is made absolute. Lawyers Involved: Md. Abdul Quyum Advocate - For the Petitioner. Syed Ziaul Karim Advocate - F..

Category: Procedural Law | Date: | Hits: 72

Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)

....n has, if validly made, the full force and effect of a statute and this is so whether or not the statute under which it is made provides expressly that it is to have effect as if enacted therein. The principle that has been enunciated is not in dispute: question to be decided by us as to whether the......on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......sion (Special Original Jurisdiction) Present: KM Hasan J Md. Awlad Ali J Nur Mohammad Fakir…………………Petition Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh and othe..

Category: Civil Law | Date: | Hits: 90

State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)

....ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Md. Jamaluddin……………………Condemned Prisoner Judgment December 3, 1997. Result: The Reference is rejected and Jail Appeal is dismissed. Lawyers Involved: Md. Mansurul Hoque; Deputy Attorney-General - For the State. Md. Khurshid Al..

Category: Criminal Law | Date: | Hits: 72

Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)

....ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......and another……………………Petitioners Vs. Md. Nazrul Islam & another……………………Opposite Parties Judgment August 6, 1997. Result: The Rule is discharged. Lawyers Involved: Khondker Mahbubuddin Ahmed with Anowarul Azim Khair, Advocates - For the Petiti..

Category: Property Law | Date: | Hits: 64

Dr. Habibur Rahman MP and others Vs. Shamsun Nahar, 1997, 26 CLC (HCD)

.... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62....... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62.......€¦â€¦â€¦Petitioners Vs. Shamsun Nahar………………Opposite Party Judgment June 2, 1997. Result: The Rule is made absolute. Cases Referred To- 23 DLR 79; 10 BLD 609. Lawyers Involved: Shamsul Huda, Advocate - For the Petitioners. H N Nandi, Advocate - For the..

Category: Employment/Service Law | Date: | Hits: 101

Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)

....cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......; Mokendre Nath Roy and others Vs. Sushila Susho Dasi and others, 17 DLR 643; Ramjeewean Vs. Chand Mohammad, AIR 1976 (Rajsthan) 65; Muhammad Jamal Vs. Chairman, Industrial Court 16 DLR (SC)) 386. Lawyers Involved: SK Sinha with AK Ahmadul Hasan and Md. Shafiqur Rahman, Advocates‑For the Pet..

Category: Procedural Law | Date: | Hits: 70

M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)

....s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......…………….Petitioner Vs. Bangladesh Water Development Board…………………………………….Opposite Party Judgment May 28, 1996. Result: The Rule is discharged. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate-For the petitioner. Abdul Wadud Bhuiyan..

Category: Alternative Dispute Resolution | Date: | Hits: 245

Jobon Nahar and others Vs. Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of the peoples republic of Bangladesh and others, 1996, 25 CLC (HCD)

....effective remedy for the petitioners to avail of. In such a case, in our view, this Court in its writ jurisdiction has every reason to react to the manifest injustice and try to remedy it. 17. The principle of natural justice not only applies to Courts but, nowadays more and more it is being appl......‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect. Ed. This case is also Reported in: 49 DLR (HD) (1997) 108. ......Bangladesh 30 DLR 336; Rahimuddin Baarsha Vs. Bangladesh, 46 DLR 130; Abul Ala Moududi Vs. West Pakistan 17 DLR (SC) 209; Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, 44 DLR (AD) 140. Lawyers Involved: Khalilur Rahman, Advocate–For the petitioner. Bazlur Rahman Chhana, Assist..

Category: Limitation Law | Date: | Hits: 175

Masum Ikbal (Md.) Vs. Director of Students Welfare and Member-Secretary of Board of Residence and Discipline, Bangladesh Engineering University & others, 1996, 25 CLC (HCD)

....itioner in the examination and he was found guilty of possession of writings relating to particular subject of the examination on mere surmise and conjecture. The learned Advocate also contended that principle of natural justice was not complied with by the Board of Residence and Discipline in the p......ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 104. ......…Respondents Judgment November 11, 1996. Result: The Rule is made absolute. Case Referred to- Board of Intermediate and Secondary Education Vs. Rumana Ahmed, 1992 BLD (AD) 160. Lawyers Involved: Mahbubey Alam & Kazi Wahiduzzaman, Advocate‑For the Petitioner. Abdul ..

Category: Civil Law | Date: | Hits: 85

Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)

....s not a respecter of any person. When a Labour Court passes a lawful order in respect of anybody it is expected that he should, however big he might be, respect the Court’s order. It is an accepted principle that the accused before coming to the higher Court for redress must submit first to the ju......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......……………………………………Opposite Parties Judgment August 1, 1994. Result: The Rule is disposed of. Cases Referred to- Dr. Muzzammel Huq Chowdhury Vs. Chief Martial Law Adminstrator and others, 32 DLR (AD) 100; Emperor Vs. Benoari Lal Sharma and others, reported in..

Category: Criminal Law | Date: | Hits: 70

Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)

....t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......u Miah and another………………..Appellants Vs. State…………………………………………….Respondent Judgment October 31, 1996. Result: The appeal is allowed. Lawyers Involved: Alaluddin, Advocate-For the Appellants. AQ Rashid Ahmed, Assistant Attorney-..

Category: Criminal Law | Date: | Hits: 56

Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)

....th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Party Judgment January 29, 1996. Result: The Rule in made absolute. Case Referred to- Abut Basher Vs. State 47 DLR 521. Lawyers Involved: Md. Delear Hossain, Advocate-For the Petitioners. Syed Abu Kowsar, Assistant..

Category: Criminal Law | Date: | Hits: 105

Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)

....order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......ases Referred to- Mohammad Salim Vs. Md. Siddick Jamal and others 22 DLR 841; Ahmed Shan Khan Vs. Abdul Barkat;11 DLR 427; Abdul Khalek Mia Vs. Maya Debi and others reported in 35 DLR (AD) 310. Lawyers Involved: Amir Hossain, Advocate‑For the Petitioner. AKM Mozibur Rahman, Advocate‑..

Category: Property Law | Date: | Hits: 59

Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)

....s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ......s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ......………………………………….Petitioner Vs. Md. Mofizuddin Sarker and others………………Opposite Parties Judgment August 8, 1994. Result: The Rule is discharged. Lawyers Involved: MA Wahab Miah with Obaidul Hasan and Enayetur Rahim, Advocates‑ For the Petit..

Category: Election Law | Date: | Hits: 148

Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)

....nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150.......nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150.......Kanak Chandra Shome and another……………………Respondents Judgment June 14, 1978. Cases Referred to- Fazlul Karim Vs. Abdus Sobhan, 26 DLR 291; (1979) 31 DLR 169; 26 DLR 491. Lawyers Involved: Aminul Huq, Advocate-on-Record - For the Petitioner. Not represented - For t..

Category: Criminal Law | Date: | Hits: 69

Krishna Gopal Bhowmik Vs. Secretary, Ministry of Home affairs, Government of Bangladesh and others, 1978, 7 CLC (AD)

....y pro­tection, albeit a precarious one, that can be given is that unless there is strict compliance with the essential provisions of the rule, the detention order cannot be sustained. The essence of principle is to protect a person's personal liberty. It is true that the Courts are prevented from g......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 145. ......; Abdul Latif Mirza Vs. Government of Bangla­desh; Mahbub Anam (PLD 1959 Dacca 774); Keshab Talpade Vs. Emperor, AIR 1943 F.C.I; Shibban Lal Saksena Vs. State of Uttar Pradesh, AIR 1954 (SC) 179. Lawyers Involved: S.R. Pal, Senior Advocate, with S.S. Halder, Advocate, instructed by Aminul Huq..

Category: Criminal Law | Date: | Hits: 103

Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)

....r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......un Bepari…………………Appellant Vs. The State………………………………………………Opposite party Judgment March 7, 2011. Result: The appeal is dismissed. Lawyers Involved: None appears - For the Appellant. Md. Ensanuddin Sheikh, Assistant Attorney ..

Category: Criminal Law | Date: | Hits: 112

Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)

....ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......Case Referred to- Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir and others, (2010) 62 DLR (AD) 290, Anti-Corruption Commission Vs. Shamima Begum and others, (2010) 62 DLR (AD) 277. Lawyers Involved: Abdul Baset Majumder with M. Sayed Ahmed & Gazi Mostaque Ahmed, Advocates ..

Category: Criminal Law | Date: | Hits: 108

Chittagong Port Authority and another Vs. M/s. Crete Construction Company Ltd., & another, 1978, 7 CLC (AD)

....are in respect of any matter agreed to be referred to arbitration. In a suit where claim is made which is outside the arbitration clause under the agreement the Court is bound to refuse stay and this principle has been well settled and has been well expressed by the House of Lords in the case of Hey...... stay. This is also a good ground for not granting stay of the suit. For the foregoing reasons this appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 138. ......o- Heyman Vs. Darwins Ltd., 1942 A.C. 337; Gayn Electric Supply Co. Ltd., Vs. State of Bihar, A.I.R. 1953 S.C. 182; The Printers (Mysoro) Private Ltd., Vs. Pothan Jeseph, A.I.R. 1960 S.C. 1156. Lawyers Involved: Ahmad Sobhan, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record –..

Category: Alternative Dispute Resolution | Date: | Hits: 161