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Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
....eneral -For the State. Criminal Appeal No. 427 of 1996. Judgment Obaidul Hassan J. - This appeal has been preferred by the appellant against the Judgment and Order of conviction and sentence dated 18.4.1996 passed by the learned Additional Sessions Judge, 7th Court, Dhaka in Sessions Case N......ion should not be disbelieved and the learned Judge believing this dying declaration has rightly convicted the appellant and awarded the sentence to him. In this regard the leaned D.A.G refers to the decisions made in the case of Milon @ Shahabuddin Ahmed Vs. State 53 DLR 464 and another case of Mus..Category: Criminal Law | Date: | Hits: 73
Kalim Mollah @ Siddique and others Vs. State, 2011, 40 CLC (HCD)
....his rule was issued calling upon the opposite party to show cause as to why the accused petitioners should not be enlarged on bail in G.R. Case No.117 of 2001 arising out Mollahar Hat P.S. Case No.08 dated 24.9.2001 under section 120(ka)/302/324/326/307/34 of the Penal Code read with section 3/4/5(k......ar Hat police Station alleging inter alia that FIR named all accused persons on 21.9.01 arranged a secret meeting in the house of Badhsa Sikder the President of B.N.P. Mollahar Hat Unit and they took decision to destroy the Public meeting of Awami League Candidate namely Sk. Helal Uddin was to be he..Category: Criminal Law | Date: | Hits: 80
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
.... Nos. 2-18 (In Civil Petition No. 1371 of 1999.) Civil Petition for Leave to Appeal No. 476 of 2000 with Civil Petition for Leave to Appeal No.1371 of 1999. (From the judgment and order dated 30th June 1999 passed by the High Court Division in Writ Petition No. 1408 of 1993 and Writ Pe......he respondent and, therefore the petitioner Nos.1 and 2 have acted illegally and without any legal authority in taking away those facilities by their revised plan dated 9-2-1991 and has referred to a decision dated 29th and 30th April 2001 on similar facts in Civil Appeal No.23 of 2000 in the case o..Category: Property Law | Date: | Hits: 92
Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)
.... instructed by Md. Zahirul Islam, Advocate-on-Record-For Respondent No.1. Not represented-Respondent No.2. Civil Petition for Leave to Appeal No.234 of 2010. (From the judgment and order dated 04.08.2009 passed by the High Court Division in Review Case No.04 of 2009.) Order Nazmun......aid review application that the opposite party Nos.1 and 2 filed the Writ Petition No.10371 of 2006 against the respondent Government, challenging the inaction of the respondents to implement their decision contained in Memo No. Shakha-6/52-1/81/29 dated 12.01.1992, issued by the respondent No.3 t..Category: Property Law | Date: | Hits: 85
Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)
....rd-For Respondent No.1. (In both the cases) Not represented-Respondent Nos. 2-6. (In both the cases) Civil Petition for Leave to Appeal Nos. 655 and 656 of 2010. (From the judgment and order dated 28.02.2010 passed by the High Court Division in Contempt Petition No.156 of 2009 and Contempt ......eing satisfied that a fraud has been perpetrated by the respondent filed Title Suit No.88 of 2010 before First Court of Joint District Judge. Dhaka praying, inter alia, as follows: i. The judgment-decision-order dated 06.04.1997 (Schedule-1) made in Settlement Case No.268 of 1995 obtained by the ..Category: Others | Date: | Hits: 118
Md. Ashraful Islam Vs. State, 2009, 38 CLC (AD)
....ucted by Syed Mahbubar Rahman, Advocate-on-Record-For the Appellant. Habibur Rahman Miah, Advocate-on-Record-For the Respondent. Criminal Appeal No.17 of 2004. (From the judgment and order dated the 6th day of January, 2003 passed by the High Court Division in Criminal Appeal No.3080 of 2......covery of alleged heroine in question from the possession of the convict appellant while they were allegedly going by car and disrespect the High Court Division failed to consider and came to a wrong decision. 6. Mr. Habibur Rahman Miah, learned Advocate-on-Record, appearing for the respondent su..Category: Criminal Law | Date: | Hits: 80
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
....d-For the Petitioners. M.I. Farooqui, Senior Advocate, instructed by M. G. Bhuiyan, Advocate-on-Record-For the Respondent. Civil Review Petition No.90 of 2010. (From the judgment and order dated 6.5.2010 passed by the Appellate Division in Civil Petition for leave to appeal No.1359 of 200...... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344...Category: Property Law | Date: | Hits: 72
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....tition No. 512 of 2010.) Not Represented-Respondent Nos. 1-48 (In Civil Petition No. 514 of 2010.) Civil Petition for Leave to Appeal Nos. 512, 513, 514 of 2010. (From the judgment and order dated 11.11.2009 passed by the High Court Division in Writ Petition Nos.8307, 8320 of 2008 and 4979 ......e PSC by resolution dated 1st July, 2007 cancelled the viva-voce examination result and directed them to appear for fresh viva-voce examination on 29th July, 2007. It is alleged that the PSC took the decision on taking cognizance of some adverse comments made in some issues of newspapers. Subsequent..Category: Constitutional Law | Date: | Hits: 247
....oceed with the construction on the aforesaid drain‑passage further.
The rule is, accordingly, made absolute. No order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 331.......permission. He first submits that the petitioner is a person aggrieved within the meaning of Article 102 of our Constitution and the petitioner has locus standi to maintain the petition. He cites the decision in the case of Miah Fazal Din Vs. The Lahore Improvement Trust, 21 DLR (SC) 225. In deliver..
Category: Property Law | Date: | Hits: 58
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....1003 of 1991 (Dhaka) Civil Revision No.6 of 1988 (Sylhet) Judgment KM Hasan J.- The rule obtained under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 10.8.87 passed by Mr. Md. Sirajul Islam, Subordinate Judge, Habigonj in Misceilaneous Appeal N......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ..Category: Property Law | Date: | Hits: 101
Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....gladesh and others to show cause why the proceeding in respect of the dispute about the post of Chairman of the petitioner federation, hereinafter referred to as the 'KARIKA', and the connected order dated 25.10.92 passed by the respondent No.1 should not be declared to have been made without any la......er of the Samity. 13. The impugned order was passed by the respondent No.1, the Government, purported to have been done under section 22(4) of the Co‑operative Societies Ordinance, 1984 giving a decision that the Registrar will hold an enquiry under that section and send a report to the Governm..Category: Others | Date: | Hits: 136
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....n a ditch belonging to and within the homestead of Dr. Ratan Chandra Barua. On receipt of the said information the officer‑in‑charge of the police station registered the unnatural death case No.2 dated 11.5.88 and endorsed the same for investigation to Sub‑Inspector Abdul Mannan who thereafter...... his house and injured his daughter in the head by hitting her with a brick. He filed a case before the chairman of the Union Parishad and the said chairman sent the case to No.4 Bargaon Chairman for decision and the chairman effected a compromise. Thereafter, Nurul Hoque took his daughter to his ho..Category: Criminal Law | Date: | Hits: 76
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....ondents. Writ Petition No.1418 of 1988. Judgment Mohammad Gholam Rabbani J.- In this application under Article 102 of the Constitution the petitioner Chand Miah Talukder challenges the order dated 11.2.88 passed by the Court of Settlement in Case No.1006 of 1987 dismissing the case for defa......" 4. Mr. Md. Fazlul Karim, the learned Advocate for the petitioner, submits that in view of sub‑section (5) of section 10 of Ordinance No.54 of 1985 the Court of Settlement ought to have given a decision in the case irrespective of non‑appearance of the parties and as such the impugned order ..Category: Procedural Law | Date: | Hits: 59
....presented by the Secretary, Ministry of Works, Urban Development, (2) Assistant Commissioner, Abandoned Property Management Board, Dhaka and (3) Mrs. Khairun Nesa to show cause why the impugned order dated 9.6.91 issued by the respondent No.2 Assistant Commissioner, Abandoned Property Management Boa......Provision) Ordinance, 1985 to hear and dispose of the dispute arising out of abandoned building listed under section 5 of the said Ordinance.
Section 10(6) of the said Ordinance provides:
"The decision of the Court of Settlement shall be final and shall be binding on all parties concerned".
..
Category: Property Law | Date: | Hits: 86
Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)
....ted ‑ the Respondent. Appeal from Appellate Decree No. 198 of 1975. Judgment Kazi Ebadul Hoque J.- This appeal at the instance of the defendants is directed against the judgment and decree dated 26.4.73 passed by the Subordinate Judge, 2nd Court, Faridpur in Title Appeal No.58 of 1971 all......ng of fact Mr. Huq finds it difficult to assail the same. Trial Court without assigning any reason held that the suit was not maintainable. But the Court of appeal below after considering conflicting decisions of different High Courts of the sub‑continent held that the suit was maintainable reject..Category: Property Law | Date: | Hits: 88
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....r Vs. Agrani Bank, Laldighi East Branch, Chittagong and others…... Respondents Judgment February 10, 2011. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003), Section 37 The mandate of the Ain to conclude an execution case within 150 days appears to be directory, not mandatory......at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 84
....No.1560 of 1991.
Judgment
Quazi Shafiuddin J.- In Writ Petition No.368 of 1991, 40 petitioners joined together and obtained the Rule challenging the validity of the impugned order (Annexure F) dated 31.12.90 issued under the signature of the respondent No.1 and the impugned proceeding pursuan......he examination and also debarred the petitioners from appearing at the next examination. The learned Advocate for the petitioners submits that the punishment awarded lacks in materials supporting the decision of the Syndicate. The Convener of the Jagannath College Centre or the Examination Committee..
Category: Others | Date: | Hits: 153
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....inst the present opposite parties as defendants for specific performance of contract of the suit land by way of reconveyance. The learned Munsif decreed the suit on contest by his judgment and decree dated 30.4.77 and 9.5.77 respectively. On appeal filed by the Present opposite party who was the def...... inherent power could be futile and in the circumstances, as Byers, J. held, it would amount to assuming jurisdiction in the absence of specific provision. It is not correct to say as was held in the decisions relied on by the learned counsel for the applicant that it will not be a case of assumptio..Category: Property Law | Date: | Hits: 90
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....dinance), pending in the Second Labour Court, Dhaka, should not be quashed and/or such other or further order or orders passed as this Court may seem fit and proper. 2. By the Rule issuing order dated 23-7-1995, all further proceedings of the said case were stayed. 3. The relevant facts fou......stered post on 5-12-1993 to the petitioner with a prayer to accept his joining letter and allow his to join his post. But the petitioner did not allow him to join his post and wilfully violated the decision i.e. the order and direction of the Second Labour Court, and thereby committed the offenc..Category: Labour and Industrial Law | Date: | Hits: 147
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....eenul Islam Chnwdhury J.- As the questions of laws and facts involved in Writ Petition Nos. 2094 of 2002 and 2095 of 2002 are virtually one and the same, they have been heard together and this consolidated judgment disposes of both of them. 2. In both the Writ Petitions, Rules Nisi were issued ca......passed the impugned orders only to facilitate the inquiry into the allegation levelled against the petitioner. In support of this submission, Mr. Md. Khurshid Alam Khan has drawn our attention to the decision in the case of Messrs Hamidia Oil Mills Vs. District Anti-Corruption Officer Chittagong rep..Category: Anti-Corruption Laws | Date: | Hits: 200
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