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Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)

....rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ...... No. 25 of 1992 corresponding to Hizla Police Station Case No. 3 dated 29‑7‑1992, now pending in the Court of Divisional Special Judge, Khulna Barisal Station) should not be quashed or such other order or further order or orders passed as to this Court may seem fit and proper. 2. The relevant...... directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ......upreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Anwarul Haque J Farah Mahbub J Abdur Rahman Dhali and others......................Accused-Petitioner Vs. State………………………………………………..Opposite Party Judgme..

Category: Criminal Law | Date: | Hits: 85

Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)

....r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......on report named accused persons under sections 467/468/471/34 of the Penal Code whereupon the learned Magistrate 1st Class, Cognizance Court, 'Ka' Area, Bogra, accepted the charge-sheet. Against that order the petitioners filed that application under section 561A of the Code of Criminal Procedure. ......he Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......3...

Category: Criminal Law | Date: | Hits: 62

Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)

....ber has vacated his seat or not. Speaker is empowered to inform the House only if he finds that a particular member has vacated his seat, the Secretary shall cause a notification to that effect to be published in the Gazette and forward a copy of the notification to the member concerned and also to ......other hand, it has been argued on behalf of respondent No. 3 that sub-rule (3) is in no way inconsistent with the provisions of Article 148 read with the Third Schedule of the Constitution. Again, in order to appreciate the arguments of both the parties, we may reproduce Article 148 and also the rel......o be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448....... High Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Fazlur Rahman (Md)…………………………………………………Petitioner Vs. Md. Abdul Hamid, Advocate and others……………………Respondents Judgment ..

Category: Constitutional Law | Date: | Hits: 242

Hafez (Md.) Bazlur Rahman and others Vs. Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 2004, 33 CLC (HCD)

....2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 444.......sidered violative of the fundamental rights guaranteed under the Constitution, 6. Heard the learned Advocates of the parties, perused the Writ Petitions and their Annexures along with the impugned order. 7. Section 4 of the Muslim Marriages and Divorces Registration Act, 1974 is as follows: ......of 2003, therefore, have no substance and are discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 444.......444...

Category: Civil Law | Date: | Hits: 70

Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)

....erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ......No. 3397 of 2001. Judgment ABM Khairul Haque J. - This Rule Nisi was issued at the instance of one Md Abdus Salam, calling upon the University of Rajshahi and others to show cause as to why the order of dismissal (Annexure N (1) to the petition) dated 7‑5‑2001 under the signature of respon......ith law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ...... (2004) 441. ..

Category: Employment/Service Law | Date: | Hits: 60

Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)

....he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ......orney General ‑ For Respondent No. 1. Writ Petition No. 5905 of 2001. Judgment Salma Masud Chowdhury J. - This Rule Nisi was issued calling upon the respondents to show cause as to why the order contained in the impugned letter No. RTU/CAB (539)/2001/699 dated 9‑9‑2001 issued by the R......ration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ...... 438. ..

Category: Labour and Industrial Law | Date: | Hits: 158

Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)

....uiry Case No.629/83 was started by the Anti‑Corruption Depart­ment. The Anti‑Corruption Department also received a Memo dated 19.10.83 with a paper cutting from the 'Daily Dabanal' dated 27.9.83 publishing the news of misappropriation of Government fund by the Head Master of the said primary sc......3 of 1991 (Dhaka) Criminal Appeal No.87 of 1986 (Rangpur) Judgment Muhammad Ansar Ali J.- This appeal at the instance of the appellant Rajab Ali Zulfikar is directed against the judgment and order dated 27.2.86 passed by Mr. Abu Bakar Miyanjee, Sessions Judge, Kurigram in Special Case No.1 ......remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......ns Judge, Kurigram in Special Case No.1 of 1986 convicting the appellant under section 409 of the Penal Code and section 5(2) of Act II of 1947 and sentencing him to suffer simple imprisonment for 1 (one) year and also to pay fine of Tk. 3,800.00, in default, to suffer simple imprison­ment for 6 (s..

Category: Criminal Law | Date: | Hits: 92

Afzal Hossain Vs. Chief Election Commis­sioner and others, 1992, 21 CLC (HCD)

.... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ......ner. Writ Petition No. 4040 of 1992. Judgment Anwarul Hoque Chowdhury J.- This application under Article 102 of the Constitution of the People's Republic of Bangladesh is directed against an order dated 22.10.92 Annexure ‘F’ passed by the Respondent Nos. 1 and 2 namely Justice MA Rouf, ......ion. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ...... (HCD) (1993) 701. ..

Category: Election Law | Date: | Hits: 153

Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangla­desh and others, 2004, 33 CLC (HCD)

....om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......t the relevant time, did his part in good faith to the best of his professional ability in due discharge of his duties as the Air Chief, as such, the said case was filed with false allegation only in order to harass and humiliate the petitioner and others. The learned Advocate further submits that t......d order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ...... Court High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Air Marshal Jamaluddin Ahmed (Retd)…………………….Petitioner Vs. Government of Bangla­desh and others………………..Respondents Judgment J..

Category: Employment/Service Law | Date: | Hits: 148

Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)

....ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427.......der section 115(1) of the Code of Civil Procedure, was issued at the instance of the pre-emptees as petitioners, calling upon the pre­emptor opposite parties to show cause as to why the judgment and order dated 21‑5‑2000 passed by the learned Subordinate Judge, Additional Court, Narayanganj in ......Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Nozrul Islam Chowdhury J Mozibar Rahman Molla (Md) and another……………Petitioners Vs. Md Rehazuddin and others………………………………Opposite Parties Judgment May 20, 2003. Re......ted in: 56 DLR (2004) 427...

Category: Property Law | Date: | Hits: 98

Ziaul Hoque alias Bakul Vs. Md Sirajul Islam and others, 2002, 31 CLC (HCD)

....rishad. In the election petition the simple case of the election petitioner was that the opposite Party No. 1 i.e. the present petitioner, who was declared elected in the election held on 22‑12­97 published in the Gazette on 23‑1‑98 was disquali­fied to be a candidate as he did not attain th......dvocates ‑ For the Opposite Parties. Civil Revision No.3207 of 1999. Judgment MA Wahhab Miah J.- This Rule issued calling upon the opposite parties to show cause as to why the judgment and order dated 26‑8‑99 passed by the District Judge, and Election Appellate Tribunal, Brahmanbaria ......¦â€¦Opposite Parties Judgment March 19, 2002. Result: The Rule is made absolute. Cases Referred to- Hari Prasad Mulshankar Trivedi Vs. VB Raju and others, AIR 1973 (SC) 2601; Kabul Singh Appellant Vs. Kundan Singh and others, AIR 1970 (SC) 340; Major Ali Akbar Chowdhury Vs. Sayeedu...... Reported in: 56 DLR (2004) 424. ..

Category: Election Law | Date: | Hits: 156

Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)

....ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......at the petitioner was informed regarding the flood situation in 1998 and after receiving ­information the respondent appointed Messrs Engineers Survey Associates and Rupali Surveys for inspection in order to ascertain the loss and damages of the petitioner's property and the surveyors after inspect......may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......o Reported in: 56 DLR (2004) 422. ..

Category: Company Law | Date: | Hits: 168

KM Fazlul Haque Vs. Chairman, Bangladesh Agricultural Development Corporation and another, 1996, 25 CLC (HCD)

....tainable, we do not think it is necessary to consider other grounds. In the result, the Rule is discharged with no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 27. ...... the petitioner. MA Sobhan, Advocate-For the Respondents. Writ Petition No. 51 of 1991. Judgment KM Hassan J.- This Rule Nisi was issued calling upon the respondents to show cause why the order passed under Memo No. 4 Sangsthapan‑26/80‑81/49 (48), dated 2‑1‑82 (Annexure-K) the si......other grounds. In the result, the Rule is discharged with no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 27. ......7. ..

Category: Criminal Law | Date: | Hits: 78

Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)

.... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ......ises with the knowledge and consent of the plaintiff No.2 and that defendant No.2 has been carrying on his business of Travel Agency therein in the name of Arabian World Aviation Private Ltd. That in order to record the consent of the plaintiff No.2 a rent receipt for the month of February 1989 was ......visional Jurisdiction) Present: Md. Sirajul Islam J Md. Nurul Islam J Commander (Rtd) A A Chowdhury……………………………………………..Petitioner Vs. AKM Imam Hossain and others……………………………………………….Opposite Parties Judgment ......h Court Division (Civil Revisional Jurisdiction) Present: Md. Sirajul Islam J Md. Nurul Islam J Commander (Rtd) A A Chowdhury……………………………………………..Petitioner Vs. AKM Imam Hossain and others……………………………………………….Opp..

Category: Property Law | Date: | Hits: 65

Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)

....in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ......er No.20 of 1996 with Civil Revision No.250 of 1991. Judgment Mohammad Fazlul Karim J. - The first miscellaneous Appeal under section 35(3) of the Waqf Ordinance, 1962 arises out of an order dated 21‑10‑95 passed by the Additional District Judge, 1st Court, Sylhet in Miscellaneous......eal is allowed. Cases Referred to- 37 CWN 892 (Srimati Ebratunnessa Bibi & ors Vs. Debendra Nath Sen & ors); Syed Masud Ali & ors Vs. Asmatullah & ors, 31 DLR (AD) 249; Chief Administrator of Auqaf Vs. Miah Ghulam Fareed & ors, SCMR 1993, 643. Lawyers Involved: Fazlul......s. Asmatullah & ors, 31 DLR (AD) 249; Chief Administrator of Auqaf Vs. Miah Ghulam Fareed & ors, SCMR 1993, 643. Lawyers Involved: Fazlul Haque, Advocate‑For the Appellant & Petitioner No.1 (In both the cases). BK Das with Tabarrak Hossain, Advocates‑For the Respondent No.1 ..

Category: Trust/Waqf Law | Date: | Hits: 165

Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)

....esident of Bangladesh unopposed by the Respondent No.2 on 23‑7‑1996 as no other person had filed nomination paper for contesting aforesaid election. Thereafter, necessary Gazette notification was published declaring former Chief Justice Shahabuddin Ahmed as President of Bangladesh who shall take......on it prima‑facie appears to be a writ of quo warranto under Article 102(2) (b) (ii) of the Constitution. Article 102(2)(b)(ii) provides that on the application of any person this Court may make an order requiring a person holding or purporting to hold a public office to show under what authority ......he Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ......reme Court High Court Division (Special Original Jurisdiction) Present: Mozammel Hoque J Md. Abdul Matin J Abu Bakkar Siddique..................................................petitioner Vs. Justice Shahabuddin Ahmed and others......................Respondents Judgment ..

Category: Constitutional Law | Date: | Hits: 200

Ripon Howlader Vs. State, 2009, 38 CLC (AD)

....the above, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715.......ocate instructed by Md. Abu Siddique, Advocate-on-Record-For the Petitioner. None Represented-For the Respondent. Criminal Petition for Leave to Appeal No.298 of 2008. (From the judgment and order dated the 20th and 23rd days of March, 2008 passed by the High Court Division in Death Referen......issions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715.......llate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Ripon Howlader………………………………………….Petitioner Vs. The State……………………………………………………Respondent Ju..

Category: Criminal Law | Date: | Hits: 81

Md. Moniruzzaman alias Chaklet and others Vs. State, 2009, 38 CLC (AD)

....ntence of the peti­tioners is commuted to rigorous impris­onment for 14 (fourteen) years. The sen­tence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711.......ocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. None represented-For the Respondent. Criminal Petition for Leave Appeal No. 482 of 2008. (From the judgment and order dated the 15th day of June, 2008 passed by the High Court Division in Criminal Appeal No.3787 ......gorous impris­onment for 14 (fourteen) years. The sen­tence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711....... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Surendra Kumar Sinha J Md. Moniruzzaman alias Chaklet and others……………………Petitioners Vs. The State…………………………………………………………………..

Category: Criminal Law | Date: | Hits: 70

Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)

....parently barred under section 14A of the (Emergency) Requisition of Property Act, 1948. 6. Section 5(7) of the said Act provides that on and from the beginning of the day on which the notice is so published the requi­sitioned property shall vest absolutely in the government free from all encumbr......). Fida-M-Kamal, Senior Advocate, instruct­ed by Md. Nawab Ali, Advocate-on-Record-For the Respondents (In both the cases). Civil Review Petition Nos.101-102 of 2010. (From the judgment and order dated 2.11.2009 passed by the Appellate Division in Civil Petition for Leave to Appeal Nos.144......r hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ......rt Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammcl Hossain J Surendra Kumar Sinha J Government of Bangladesh and others…………………………Petitioners (In both the cases) Vs. Mohammad Alamgir Hossain and others……………………….R..

Category: Property Law | Date: | Hits: 57

Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)

....he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698.......For the Petitioner. Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For the Respondents. Civil Review Petition No.13 of 2011. (Prom the judgment and order dated 10.6.2010 passed by the Appellate Division in Civil Petition for Leave to Appeal No.177 ...... is also Reported in: VIII ADC (2011) 698.......zammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Saidur Rahman………………………………………………Petitioner Vs. Farid Uddin Mahmud and others………………………Respondents Judgment M..

Category: Property Law | Date: | Hits: 81