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Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)

....press their personal views on subjects of their choice having public interest. Through these, they can ventilate their grievances and demand redress. The newspaper is the best means through which the Government may know its defects in administration and so correct its ways for well-being of the peop......essed serious dissatisfaction about the conduct of the learned public prosecutor. He even wrote letters to the Secretary in charge of the Ministry of Home Affairs and the Inspector General of Police, Bangladesh pointing out the neglect and laches on the part of the prosecution in producing witnesses......eported in: 53 DLR (2001) 155. ......Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Ali Asgar Khan J SK Sinha J Daily Star and Prothom Alo Patrika…………….Petitioners Vs. State………. Opposite Party Judgment January 28, 2001. Lawyers ..

Category: Criminal Law | Date: | Hits: 189

Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)

....ch a Rule should be issued. 5. The learned Attorney General, Mr Mahmudul Islam appeared in this matter. At the very outset Court posed a question saying that Mr Attorney-General is part of the Government, part of the Judiciary and the Leader of the Bar of Bangladesh. In what capacity he wante......ition No.73 of 2000, Contempt Petition No.75 of 2000 and Contempt Petition No.79 of 2000 have been filed for drawing up a proceeding for contempt of Court against Sheikh Hasina, the Prime Minister of Bangladesh. One application has been filed by Mr Mainul Hosein, President, Bangladesh Supreme Court ......r Edward Snelson Vs. Judges of the High Court, PLD 1961 (SC) 237; MH Kharidakar Vs. the State, 18 DLR (SC) 124; Habibul Islam Bhuiyan, 51 DLR (AD) 68; MH Beg, CJ Vs. R Krishna Ayar, AIR 1978 (SC) 727 and Gudi Kanti Narasimbule Vs. Public Prosecutor, AIR 1978 (SC) 429; Andre Paul Terence Ambard Vs. t......High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J Mainul Hosein & others……………..Petitioner Vs. Sheikh Hasina Wazed……………Respondent Judgment October 24, 2000. ..

Category: Criminal Law | Date: | Hits: 49

Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)

....ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ......m the decisions given by this Court in Cases under section 491 of the Code, the questions raised can be decided in a Case under section 491. He has also referred to Article 111 of the Constitution of Bangladesh to impress upon us that the law declared by the Appellate Division of the Supreme Court i......sion (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Haque J Md. Munsurul Haque Choudhury J Tarun Karmaker……….Petitioner Vs. State and ors………….Respondents Judgment December 12, 2000. Case Referred To- ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Haque J Md. Munsurul Haque Choudhury J Tarun Karmaker……….Petitioner Vs. State and ors………….Respondents Judgment December 12, 2000. Ca..

Category: Criminal Law | Date: | Hits: 33

Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)

.... Division (Special Original Jurisdiction) Present: Md. Faziul Karim J Md. Abdul Wahhab Miah J Sirajul Islam (Md) and another …….. Petitioners Vs. Government of Bangladesh & others………………. Respondents Judgment Augu...... (Special Original Jurisdiction) Present: Md. Faziul Karim J Md. Abdul Wahhab Miah J Sirajul Islam (Md) and another …….. Petitioners Vs. Government of Bangladesh & others………………. Respondents Judgment August 10, 2000. ......53 DLR (2001) 127. ...... High Court Division (Special Original Jurisdiction) Present: Md. Faziul Karim J Md. Abdul Wahhab Miah J Sirajul Islam (Md) and another …….. Petitioners Vs. Government of Bangladesh & others………………. Respondents Judgment ..

Category: Criminal Law | Date: | Hits: 101

Syed Mustafizur Rahman Vs. State, 2001, 30 CLC (HCD)

....store keeper in- charge of Family Planning Office, Nalchity produced an indent before Mr. Moqbul Hossain, District Family Planning Officer, Jhalakati on 2-3- 1985 and received delivery of 27 items of Government Property including Shari, Lungi and medicine, etc. worth Taka 64,803.00 on 18-4-1985 for ......arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ......s. State ……………. Respondent Judgment January 10, 2001. Result: The appeal is allowed. Cases Referred to- Abdul Awal Vs. State 1962 PLD Dhaka 623 =13 DLR 397; Gulak Chand Ragudas Vs. State AIR 194 (PC) 82; Abdul Hakim Vs. State 45 DLR 352 relied (7 & 9) Lawyer...... DLR (2001) 125. ..

Category: Criminal Law | Date: | Hits: 42

Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)

....me and he was not aware that he was implicated in the Case. The petitioner was arrested on 6-11-1999 under section 54 of the Code of Criminal Procedure and that he was released at the instance of the Government on 16-3-2000. Thereafter, on 25-3-2000 when he voluntarily appeared before the Court on t......s such other or further order or orders as to this Court may seem fit and proper. 2. In the application for bail it has been stated, inter alia, that the petitioner is a law-abiding citizen of Bangladesh and member of Balagonj Juba Dal Committee. The petitioner is a Member of Education Trust ......minal Procedure, read with section 19 of the Extradition Act, 1974. By this Rule the Deputy Commissioner, Sylhet was asked to show cause as to why the accused petitioner shall not be enlarged on bail and/or pass such other or further order or orders as to this Court may seem fit and proper. 2......rt High Court Division (Criminal Miscellaneous Jurisdiction) Present: MM Ruhul Amin J Md Abdul Wahhab Miah J Abdul Abedin Abdul ………Petitioner Vs. State…………………..Opposite Party Judgment October 1, 2000. ..

Category: Criminal Law | Date: | Hits: 87

Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)

....s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ...... the Second Court of Additional Session Judge and Court of Special Judge, Dhaka in Special Case No.11 of 1992. 2. The charge against the accused No.1 is that he abused his position as President of Bangladesh and obtained pecuniary advantage for his wife accused No.3 Rawshan Ershad and thereby com......e Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Gholam Rabbani J Md. Latifur Rahman J Hussain Mohammad Ershad………………Appellant Vs. State and others…………………..Respondents Judgment August 24, 2000. Lawyers Involved: ...... 102. ..

Category: Property Law | Date: | Hits: 33

Mosharaf Hossain (Md) @ Mash Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....such person be detained. (3) When any order is made under sub section (2), the District Magistrate or the Additional District Magistrate making the order shall forthwith report the fact to the Government together with the grounds on which the order has been made and such other particulars as ......iminal Miscellaneous Jurisdiction) Present: Md. Hamidul Hoque J Md. Munsurul Haque Choudhury J Mosharaf Hossain (Md) @ Mash……………….Petitioner Vs. Bangladesh and others…………………….Opposite Parties Judgment July 17, 2000......ellaneous Jurisdiction) Present: Md. Hamidul Hoque J Md. Munsurul Haque Choudhury J Mosharaf Hossain (Md) @ Mash……………….Petitioner Vs. Bangladesh and others…………………….Opposite Parties Judgment July 17, 2000. La...... (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Hoque J Md. Munsurul Haque Choudhury J Mosharaf Hossain (Md) @ Mash……………….Petitioner Vs. Bangladesh and others…………………….Opposite Parties Judgment Ju..

Category: Criminal Law | Date: | Hits: 29

Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....authority and thus of no legal effect. 2. Shortly, the case of petitioner Abul Hossain Khan, son of Sultan Khan is that he got lease of the plot No. 16/14, Block-C, Mohammadpur, Dhaka from the Government for a period of 99 years at a salamee of Taka 1701.00 in the year 1963 and the lease deed......rt Division (Special Original Jurisdiction) Present: Md. Gholam Rabbani J Nazmun Ara Sultana J Abul Hossain and others……………Petitioner Vs. Bangladesh and others…………..Respondent Judgment June 12, 2000. Lawyers I......d in: 53 DLR (2001) 94. ...... High Court Division (Special Original Jurisdiction) Present: Md. Gholam Rabbani J Nazmun Ara Sultana J Abul Hossain and others……………Petitioner Vs. Bangladesh and others…………..Respondent Judgment June 12, 2000. ..

Category: Property Law | Date: | Hits: 18

Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)

....s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......aka 1,75,000.00. The company was granted a loan of Taka 2,28,70,000.00 by the BSRS the respondent No. 4 by agreements dated 10-6-81 and 28-3-83. The loan was also granted by Investment Corporation of Bangladesh and 5 other commercial banks. The company was granted a working capital loan of Taka 30,0......me Court High Court Division (Original Civil Jurisdiction) Present: Md. Awlad Ali J Nafisa Choudhury……….Petitioner Vs. United Food Complex Ltd. and another………… Respondents Judgment December 12 & 13, 2000. Cases ......eported in: 53 DLR (2001) 81. ..

Category: Business or Commercial Law | Date: | Hits: 198

Safiqueuddin Ahmed (Md) and another Vs. House Building Finance Corporation, 2000, 29 CLC (HCD)

....ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ...... opposite party—House Building Corporation. 6. It appears from the perusal of the revisional application together with the papers filed the including the impugned order and the relevant law, Bangladesh House Building Finance Corporation Order, 1973 (President’s Order 7 of 1978) that the i......Case is also Reported in: 53 DLR (2001) 80. ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Joynul Abedin J Safiqueuddin Ahmed (Md) and another…………. Petitioners Vs. House Building Finance Corporation ……. Opposite Party Judgment June 29,..

Category: Procedural Law | Date: | Hits: 78

Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)

....ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ......LR (2001) 78. ......ule was obtained by the judgment-debtor upon making an application under section 115 of the Code of Civil Procedure against order No.91 dated.13-09-86 passed by the executing Court, Subordinate Judge and Commercial Court No.1 at Dhaka in Money Execution Case No. 76 of 1985. 2. It appears from......ed in: 53 DLR (2001) 78. ..

Category: Civil Law | Date: | Hits: 82

Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....o the effect that the public interest imposition of the customs duty or excise duty is made in the Bill. Section 3 reads: “3. Where a Bill to be introduced in the Parliament on behalf of the Government provides for the imposition or increase of a duty of customs or excise, the Parliament ma......or to the Finance Act, 1998 came into force giving re effect in violation of the vested right of the petitioner accrued under the Finance Act, 1997. Mr Zainul Abedin referred us to Annexure-G (1) and Bangladesh Gazette Additional issue dated 30-6-97 to contend that by the order impugned the suppleme...... (Special Original Jurisdiction) Present: AMM Rahman J Md. Muzammel Hossain J Arif Rahman…………………..Petitioner Vs. Commissioner of Customs and others…………Respondents Judgment July 8, 1998. Case Referred To- ...... Court High Court Division (Special Original Jurisdiction) Present: AMM Rahman J Md. Muzammel Hossain J Arif Rahman…………………..Petitioner Vs. Commissioner of Customs and others…………Respondents Judgment July 8, ..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

.... Dhaka City were discussed and decision was taken for developing facilities for sanitation, health care, water supply and medical treatment of slum dwellers (Annexure-B) and that an agreement between Government of Bangladesh and United Nations Capital Development Fund was executed for re-settlement ...... Court Division (Special Original Jurisdiction) Present: SAN Mominur Rahman J Md Abdul Quddus J Aleya Begum and others…………...Petitioners Vs. Bangladesh and others…………..Respondents Judgment October 30, 2000 Cases ......ported in: 53 DLR (2001) 63. ...... High Court Division (Special Original Jurisdiction) Present: SAN Mominur Rahman J Md Abdul Quddus J Aleya Begum and others…………...Petitioners Vs. Bangladesh and others…………..Respondents Judgment October 30, 2000 ..

Category: Property Law | Date: | Hits: 60

Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)

....accused-petitioner is legally entitled to bail under section 339C (4) of the Code, and that the accused- petitioner being a highly respected personality of the country, a former State Minister of the Government of the People’s Republic of Bangladesh, there is no chance of his avoiding the trial, i...... bail under section 339C (4) of the Code, and that the accused- petitioner being a highly respected personality of the country, a former State Minister of the Government of the People’s Republic of Bangladesh, there is no chance of his avoiding the trial, if enlarged on bail. 4. We have hea...... (Criminal Revisional Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Abdul Aziz J Nurul Islam Monzoor…………. Accused-Petitioner Vs. State and another……………………Opposite Parties Judgment December 5, 2000. ......gh Court Division (Criminal Revisional Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Abdul Aziz J Nurul Islam Monzoor…………. Accused-Petitioner Vs. State and another……………………Opposite Parties Judgment Decembe..

Category: Criminal Law | Date: | Hits: 26

Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)

....he Second Court of Munsif at Barisal and the said Title Suit was re-numbered as 264 of 1984 in the Court of Assistant Judge at Bakhergonj on transfer. The said suit was decreed on contest against the Government and defendant Nos. 5 and 6 declaring VP Case No.43 of 1980 as illegal and without any law......that the land was leased out as vested property. Such action of vested property authority cast a doubt over his title. 6. Defendant Nos.1 and 2, Additional Deputy Commissioner (Rev) Bakhergonj and Bangladesh, represented by the Deputy Commissioner, Barisal were the original defendants and defenda......; others......................Petitioners Vs. Gani Howlader & others..............Opposite Parties Judgment December 3, 2000 Cases Referred To- Nawab Ali Dhakua Vs. Abdur Rashid and others, (1994) 14 BLD (AD) 229; Abdul Mannan and others Vs. Akram Ali and others, 43 DLR (AD) 12......ed in: 53 DLR (2001) 53. ..

Category: Property Law | Date: | Hits: 22

Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)

....Mahbub, an officer of the Corporation was on 31-05-73 dismissed under the service rules pursuant to a decision of the Board of Directors and in consideration of first Screening Board appointed by the Government. He successfully challenged his dismissal in an application under Article 102(2) of the C......5; Md Janata Bank Vs. Hafizuddin Ahmed and others, 29 DLR (SC) 39 and  BSLC Vs. Mahbub Hossain, 29 DLR (SC) 41;Dosta Textile Mills Vs. Sudangshu Bikash Nath, 40 DLR (AD) 45; Jogesh Chandra Datta Vs. Bangladesh, 30 DLR 219; Mujibur Rahman Vs. Bangladesh, 14 DLR (AD) 111; MD, Rupali Bank Vs. Tafazzal...... Ed. This Case is also Reported in: 53 DLR (2000) 48. ......LR (2000) 48. ..

Category: Administrative Law | Date: | Hits: 165

Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)

....ass Magisterial power of the petitioner should not be restored with effect from .10-1999, the date of withdrawal of his such power by the order dated 11-10-1999, passed by the Establishment Division, Government of Bangladesh (Annexure-A to the petition). 2. The Case of the petitioner, in brie......l power of the petitioner should not be restored with effect from .10-1999, the date of withdrawal of his such power by the order dated 11-10-1999, passed by the Establishment Division, Government of Bangladesh (Annexure-A to the petition). 2. The Case of the petitioner, in brief, is that e w......minal Procedure was issued at the instance of the petitioner, calling upon the opposite parties to show cause, as to, why certain observations made by the Sessions Judgment Jhalakati, in his judgment and order dated 11-1 1998, in Criminal Appeal No. 4 of 1998, setting aside the judgment and order da...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Haque J ABM Khairul Haque J Moshiur Rahman (Md.)……….Petitioner Vs. State………………opposite Party Judgment April 11, 2000. Case ..

Category: Criminal Law | Date: | Hits: 29

Meridian International (Pvt) Ltd and another Vs. Rajdhani Unnayan Kartipakha (RAJUK) and others, 2000, 29 CLC (HCD)

....ful and proper. In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners. Ed. This Case is also Reported in: 53 DLR (2001) 35. ......tioner Vs. Rajdhani Unnayan Kartipakha (RAJUK) and others......................Respondents Judgment July 12, 2000. Cases Referred To- Abdus Sattar (Md) Vs. Bangladesh and others 48 DLR (AD) 1996; Anwar Au (Md) Vs. Chairman, Rajdhani Unnayan Kartipakha (RAJ...... ......ginal Jurisdiction) Present: Syed JR Mudassir Hussain J Md. Arayesuddin J Meridian International (Pvt) Ltd and another …………………………...Petitioner Vs. Rajdhani Unnayan Kartipakha (RAJUK) and others......................Respondents Ju..

Category: Property Law | Date: | Hits: 31

Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)

.... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ......orted in: 53 DLR (2001) 29. ...... (2001) 29. ......on (Civil Revisional Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J Islami Bank Bangladesh Ltd. and others......................Petitioners Vs. Abdul Jalil and others......................Opposite Parties Judgment Novem..

Category: Property Law | Date: | Hits: 61