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Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)

....tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......an Ahmed, Deputy Attorney General with Md. Shahjahan - For the State. Criminal Revision No.99 of 1983. Judgment Habibur Rahman Khan J.- This revisional application has been filed against the order of conviction and sentence passed against the accused petitioner under section 377 of the Pena......de. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ...... (Criminal Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Habibur Rah­man Khan J Nur Mohammed alias Bog Master…………………………………Accused Petitioner Vs. The State……………………………Opposite Party Judgment December 15,..

Category: Criminal Law | Date: | Hits: 92

Chairman, Bangladesh Forest Industries Development Corporation (BFIDC) and another Vs. Md. Hatem Ali and others, 2011, 40 CLC (AD)

....y ground to interfere with the decision of the High Court Division. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ......te-on-Record- For the Appellants. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-3. Civil Appeal No. 223 of 2007. (From the judgment and order dated 06.02.2006 passed by the High Court Division in Writ Petition No.5599 of 2004). Judgm......ngly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ......02.2006 passed by the High court Division in Writ Petition No.5599 of 2004 making the Rule absolute. 2. The facts leading to the filing of this appeal, in short, are as follows: The writ petitioner joined the service of Bangladesh Forest Industries Development Corporation (in short, BFIDC) Kh..

Category: Employment/Service Law | Date: | Hits: 739

Government of Bangladesh and others Vs. Dhaka Match Industries Co. Ltd. and others, 2011, 40 CLC (AD)

....he Rule. Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment. Ed. This Case is also Reported in: ......Petitioners. Anisul Huq, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 996 of 2011. (From the judgment and order dated 28.04.2011 passed by the High Court Division in Writ Petition No.2676 of 2011). Judgm......cordingly dismissed with the observations made in the body of the judgment. Ed. This Case is also Reported in: ......ra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others.................Petitioners Vs. Dhaka Match Industries Co. Ltd. and others............Respondents Judgment Jun..

Category: Civil Law | Date: | Hits: 131

Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)

....paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......tructed by Chowdhury Md. Zahangir, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 1193 of 2011. (From the judgment and order dated 03.10.2010 passed by the High Court Division in Writ Petition No.6864 of 2004). Order......uo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......n J Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Engineer A. B. Siddique…………………….......Petitioner Vs. Kazi Akramuddin and others……………………Respondents Order August 23, ..

Category: Property Law | Date: | Hits: 79

Government of the People’s Republic of Bangladesh and another Vs. Md. Shahjahan and others, 2012, 41 CLC (AD)

....found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in:  18 MLR (AD) (2013) 1. ...... Rokunuddin Mahmud, Senior Advocate (with Mahbub Ali, Advocate), instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondents. Civil Appeal No.59 of 2011. (From the judgment and order dated 23.11.2009 passed by the High Court Division in Writ Petition No.7625 of 2009.) Judgm...... appeal is disposed of with the above observations. Ed. This Case is also Reported in:  18 MLR (AD) (2013) 1. ......it Petition No.7625 of 2009.) Judgment Surendra Kumar Sinha J.- Leave was granted to consider the question whether the High Court Division was justified in giving full relief to the writ petitioners without affording the appellants an opportunity of being heard and secondly, whether the unrep..

Category: Others | Date: | Hits: 138

Mampower Ltd. Vs. Artha Rin Adalat No.2, Dhaka and another, 2011, 40 CLC (AD)

....tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ....... Yusuf Hossain Humayun, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.682 of 2011. (From the judgment and order dated 17.1.2011 passed by the High Court Division in Writ Petition No.6477 of 2010.) Judgme......re expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Mampower Ltd…………………………………..Petitioner Vs. Artha Rin Adalat No.2, Dhaka and another…………….Respondents Judgment De..

Category: Procedural Law | Date: | Hits: 112

Chief Engineer, the Local Government and Engineering Department Vs. Sanjoy Kumar Halder and others, 2011, 40 CLC (AD)

....g been made on proper appreciation of laws and facts do not call for interference. Accordingly, all the leave-petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 174. ......117-120 (In Civil Petition No.1084 of 2011) Not represented-Respondent Nos.13-18 (In Civil Petition No.1085 of 2011) Civil Petition for Leave to Appeal No.767 of 2011. (From the judgment and order dated 18.08.2010 passed by the High Court Division in Writ Petition No.5667 of 2008.) With ...... Accordingly, all the leave-petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 174. ......ssain J Muhammad Imman Ali J Md. Shamsul Huda J The Chief Engineer, the Local Government and Engineering Department LGED Bhaban, Agargaon, Shere-E-Bangla Nagar,Dhaka....................Petitioners (In all the cases) Vs. Sanjoy Kumar Halder and others.......Respondents (In Civil Petiti..

Category: Others | Date: | Hits: 172

Ali Hossain Fakir (Md.) and 5 others Vs. Government of the People’s Republic of Bangladesh through the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others, 1997, 26 CLC (HCD)

....olation of the principle of natural justice before the Administrative Tribunal. The applications therefore are summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 231. ......p; 4134 of 1997. Judgment Mainur Reza Chowdhury J.- These applications under Article 102 of the Constitution of the People’s Republic of Bangladesh by the petitioners are directed against the order contained in Memo No. Swa: Ma/Pv-1 Bibidha-7/96/279, Memo No. Swa: Ma/Pv.1 Bibidha-7/96/280, M...... Administrative Tribunal. The applications therefore are summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 231. ......preme Court High Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J MM Ruhul Amin J Ali Hossain Fakir (Md.) and 5 others………………………Petitioner Vs. Government of the People’s Republic of Bangladesh through the Secretary, Ministry o..

Category: Employment/Service Law | Date: | Hits: 91

Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)

....rned Advocate for the petitioner of the respective Rule after placing the petitions and other materials on record submitted that tariff value as well as customs duty having been increased by the SROs published subsequent to the date of opening of the Letters of Credit in the respective Rule and the ......ing at the time of opening of the letters of credit on the basis of SROs published before the date of opening of the letters of credit has been adversely affected. Since under the impugned assessment orders customs duties have been charged on the basis of SROs issued subsequent to the date of openin......the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ...... ..

Category: Fiscal/Taxation Law | Date: | Hits: 134

Kamal Miah (Md.) alias Nasim Vs. State and another, 1998, 27 CLC (HCD)

....inion that the delay in this case in filing the revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ......e home, the local chowkider told him that his appeal was dismissed and warrant of arrest was issued then he went to the Court and came to learn that his appeal was dismissed for non-compliance of the order of the Court. The learned Advocate has also submitted that as the Court exempted the petitione......e revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ......rted in: 50 DLR (HCD) (1998) 224. ..

Category: Criminal Law | Date: | Hits: 63

Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

.... petitioner, submits that the learned Special Tribunal held the trial in clear violation of the mandatory provision of section 27(6) of the Special Powers Act which provides that the trial Court must publish in 2 Bengali widely circulated newspapers directing the petitioner to appear in his Court be......ney‑General‑ For the Respondents. Writ Petition No.2243 of 1997. Judgment Mahfuzur Rahman J.- This Rule Nisi was issued calling upon respondents to show cause as to why the judgment and order passed by Special Tribunal No.5 and Additional Sessions Judge, Court No.4, Dhaka on 4‑5‑13......oner 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) 220.......ported in: 50 DLR (HCD) (1998) 220...

Category: Criminal Law | Date: | Hits: 63

Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)

....e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ...... Chaklader, Advocate - For Respondent Nos. 2 and 3. Writ Petition No.3471 of 1996. Judgment KM Hasan J.- This Rule Nisi was issued calling upon the respondents to show cause why the impugned order as contained in Annexure-C should not be declared to have been made without lawful authority a......ntainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ......rted in: 50 DLR (HCD) (1998) 218. ..

Category: Employment/Service Law | Date: | Hits: 120

Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)

....the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209.......he Petitioner. Khandaker Mahbubuddin Ahmed with SM Moonir, Advocates - For the Contemner-Opposite Parties. Civil Rule No.130 (R) of 1994 (Contempt). Judgment Md. Mozammel Hoque J.- As per order of this Court dated 29-7-97 the contemner-opposite party No.1 is present in Court in person. ...... This Case is also Reported in: 50 DLR (HCD) (1998) 209.......LR (HCD) (1998) 209...

Category: Others | Date: | Hits: 142

Kafiluddin (Md.) Vs. Sukkur Ali Mia, 1996, 25 CLC (HCD)

.... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ......er. Not Represented - For the Opposite Party. Civil Revision No. 430 of 1992. Judgment AM Mahmudur Rahman J.- In this Rule simple question calls for determination as to why the impugned order dated 7-1-92 passed by the learned Senior Assistant Judge, Narsingdi is valid in law or otherw...... as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ......is also Reported in: 50 DLR (HCD) (1998) 208. ..

Category: Civil Law | Date: | Hits: 86

Rieta Rahman Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....release the detenu forthwith if not wanted in connection with any other case. Let an advance order of release be issued immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 201.......ic incident of the 15th August, 1975, he became shocked and worried and left the training school in Ahmed Nagar, India, with the consent of the Commandant and returned to Bangladesh through Benapole Border on 20th August, 1975 and as per the Army Rules and Regulations be reported to 55 Brigade Head ......on with any other case. Let an advance order of release be issued immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 201.......Reported in: 50 DLR (HCD) (1998) 201...

Category: Criminal Law | Date: | Hits: 76

Bashir Kha Vs. State, 1998, 27 CLC (HCD)

....et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199.......torney-General - For the State. Civil Revision No.3141 of 1991 (Dhaka) Civil Revision No.76 of 1985 (Sylhet) Judgment Md. Hamidul Haque J.- This Rule is directed against the judgment and order passed by the learned Session Judge, Sylhet in Criminal Appeal No.16(II)85 affirming the judgm......harge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199....... Case is also Reported in: 50 DLR (HCD) (1998) 199...

Category: Criminal Law | Date: | Hits: 58

Chairman, Chittagong Port Authority Bandar Bhaban, Chittagong Vs. Khadiza Khatun and others, 1998, 27 CLC (HCD)

....d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 195. ......For the Respondent No.1. Writ Petition No.189 of 1992. Judgment Md. Ruhul Amin J.- This Rule has been obtained by the petitioner Chairman, Chittagong Port Authority, against the judgment and order dated 18-6-1991 passed by the Additional District Magistrate, Chittagong as an appellate autho...... declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 195. ......igh Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Iftikhar Rasool J Chairman, Chittagong Port Authority Bandar Bhaban, Chittagong...................Petitioner Vs. Khadiza Khatun and others.......................Respondents Judgment February 1..

Category: Property Law | Date: | Hits: 103

Habibur Rahman alias Md. Habibur Rahman and another Vs. Mobarak Ali Rari and others, 1997, 26 CLC (HCD)

....on case fails and the Rule is discharged without any order as to costs. Send down the LC records, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193. ...... For the Petitioners. Md. Khurshid Alam Khan, Advocate - For the Opposite Parties. Civil Revision No.686 of 1992. Judgment Gour Gopal Saha J.- This Rule calls in question the judgment and order dated 6-2-1992 passed by the learned Subordinate Judge, 2nd Court, Patuakhali in Miscellaneous...... and Tenancy Act, 1950 (Act No. XXVII of 1951); section 96 The period of ignorance as to the sale of a land sought to be pre-empted can not extend to 12 years when the pre-emptee had been cultivating the land within the sight of the pre-emptor for over a decade. [Anil Kumar and others Vs. Syed H...... (1998) 193. ..

Category: Property Law | Date: | Hits: 78

Ibrahim Khalil Vs. State, 1998, 27 CLC (HCD)

....he Sessions Judge for disposal in accordance with law and in the light of observations made above. Send down the lower records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 192.......ey-General - For the State. Criminal Revision No. 2205 of 1991 (Dhaka) Criminal Revision No.28 of 1987 (Jessore) Judgment Hamidul Haque J.- This Rule is directed against the judgment and order passed by the Sessions Judge, Satkhira in Criminal Appeal No.31 of 1987 upholding with modific......ith law and in the light of observations made above. Send down the lower records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 192.......s also Reported in: 50 DLR (HCD) (1998) 192...

Category: Procedural Law | Date: | Hits: 69

Dayal Chandra Mondal and others Vs. Assistant Custodian of Vested and Non-Resident Properties (L&B) and Additional Deputy Commissioner (Revenue), Dhaka and others, 1997, 26 CLC (HCD)

....nt to the Government Acquired Estate. The plaintiffs further case is that while he has been in rightful possession of the suit property the same has been correctly recorded in his name in the finally published RS Khatian No.225 following which he has been paying rent to the Government in his own nam...... releasing the suit property from the list of vested property. It has further been contended by the plaintiff that the SDO, Dhaka who is defendant No.2 in the suit proper enquiry clearly found in his order dated 5-10-76 Ext. 5 that the original tenant Laksham Mondal had died 15 years ago at his nati......hair Vs. Bangladesh and others, 32 DLR (AD) 29; Nitya Gopal Roy Barman Vs. Pran Gopal Nandi and others, 32 DLR 11; Arun Kumar Lal and others Vs. Assistant Custodian of Enemy Property (Land & Buildings) and ADC (Rev) Dhaka, 1983 BCR 225; Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 46......s Case is also Reported in: 50 DLR (HCD) (1998) 186...

Category: Property Law | Date: | Hits: 111