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Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)

....eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324.......of Bangladesh 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 ......een made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324.......gh Court Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mohammad Fazlul Karim J Bangladesh Hastashilpa Samabaya Federation Ltd. (KARIKA)………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Develop..

Category: Others | Date: | Hits: 136

State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)

....be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......ears. Semona Khatim was found guilty under section 201 of the Penal Code and she was sentenced thereunder to simple imprisonment for a period of five years and with fine of Taka 500.00 with a default order, acquitting accused Shahabullah @ Safiullah and Ruhul Amin from the charge under sections 302/......nection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......s Referred to- AIR 1977 (SC) 1116; 126 IC 689; 62 IC 545; PLD 1964 (AC) 813; 31 DLR 312, 16 DLR 598; AIR 1973 (SC) 2474. Lawyers Involved: AKM Zahirul Hoque, Advocate - For the Condemned Prisoner. Ruhul Amin‑II, Advocate‑ For the Appellants. AKM Shamsul Karim, Assistant Attorney G..

Category: Criminal Law | Date: | Hits: 76

Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)

....decree in execution and ultimately the executing Court registered the sale deed in favour of the petitioner on 19.1.85. The said house property was included in the list of the abandoned properties as published in the Bangladesh Gazette, Extraordinary, dated 23.9.86 and against thereof the aforesaid ......e Respondents. 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 fo...... concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304.......5 DLR (HCD) (1993) 304...

Category: Procedural Law | Date: | Hits: 59

Mohsin Kabir (Rupan) Vs. Government of the People's Republic of Bangladesh and others, 1991, 20 CLC (HCD)

....ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 301. ......esh represented 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 Manageme......of 1987. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 301. ....... ..

Category: Property Law | Date: | Hits: 86

Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)

....udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ......d Md. Idris Mia Vs. Abdul Motaleb, 17 DLR 599.) In the above facts and circumstances and discussions made above I find no merit in the appeal. In the result, the appeal is dismissed without any order as to cost. The impugned judgment and decree of the Court of appeal below is hereby affirmed. ......nd others.......................Appellants Vs. Shamsul Hoque Molla…………………….Respondent Judgment March 11, 1993. Cases Referred To- Rani Hemanta Kumari Vs. Midnapur Zamindari Co. Ltd., 24 CWN 177 (PC); Md. ldris Mia Vs. Abdul Motaleb, 17 DLR 599. Lawyers Involved: ......resent defendants on 20th Ashar, 1376 BS for the last time, but his demand having been refused he filed Title Suit No.135 of 1969 for specific performance for getting a kabala. 3. Defendant No.1 alone appeared and contested the suit by filing a written statement denying material allegations of th..

Category: Property Law | Date: | Hits: 88

Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)

.... the respondent-bank opposes the Rule and submits that the prescribed time for concluding an execution case under the Ain is not mandatory. The bank had made attempt to sell the mortgaged property by publishing auction notice in the newspaper, but on the date fixed for auction no bidder participated......e-For the Respondent. Writ Petition No. 4980 of 2006. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question order dated 30.5.2005 passed in Artha Rin Execution Case No. 741 of 2003 pending in Artha Rin Adalat......py of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Mohammad Abdus Sabur ………………….................Petitioner Vs. Agrani Bank, Laldighi East Branch, Chittagong and others…... Respondents Judgmen..

Category: Civil Law | Date: | Hits: 84

Mahinuddin (Md) and others Vs. Controller of Examination, Dhaka University and others, 1991, 20 CLC (HCD)

.... is further stated that almost all the members of the Teachers Council were invigilators and they conducted the examination in fair, smooth and peaceful manner. The Controller of the Dhaka University published the result of the concerned examination but suspended the results of 415 examinees on the ...... Writ Petition 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......out however any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 292.......Here. Supreme Court High Court Division (Special Original Jurisdiction) Present: Quazi Shafiuddin J Mainur Reza Chowdhury J Mahinuddin (Md) and others .....................Petitioners (In Writ Petition No.868 of 1991) Kabita Rani Hajra .................................Petiti..

Category: Others | Date: | Hits: 153

Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)

....de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ......le Supreme Court, High Court Division Dhaka. On 27.3.82, the matter was placed before the lawazima as to whether fresh service would be necessary. The Single Judge sitting at the relevant time passed order that no fresh report would be necessary and the case could proceed. The learned Counsel submit......…………Petitioner Vs. Akbar Ali Sheikh……………………Opposite Party Judgment August 11, 1991. Cases Referred To- Punjab Ali Pramanik and others Vs. Md. Mokarram Hossain, 29 DLR (SC) 185; Mayajan Bibi Vs. Monohar Ali, 39 DLR 68; Arjun Singh Vs. Monindra Kumar, AIR 19......: 44 DLR (HCD) (1992) 242. ..

Category: Property Law | Date: | Hits: 90

Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)

....the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38.......tion 54 and 55 of the Industrial Relations Ordinance, 1969 (hereinafter referred to as the Ordinance), 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 ......y of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38.......eme Court High Court Division (Criminal Revisional Jurisdiction) Present: Khondker Musa Khaled J Md. Azizul Haque J Barrister Mainul Hosein……………………….Accused-petitioner. Vs. Md. Ali Hossain and another……………………………... Opposite parties. ..

Category: Labour and Industrial Law | Date: | Hits: 147

Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......hey have been heard together and this consolidated judgment disposes of both of them. 2. In both the Writ Petitions, Rules Nisi were issued calling upon the respondents to show cause as to why the orders dated 17-4-2002 passed by the Sessions Judge, Bhola in miscellaneous Case Nos. 174 and 175 of...... respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......CD) (2010) 177. ..

Category: Anti-Corruption Laws | Date: | Hits: 200

Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)

....ripur District-Mymensingh under CS Khatian No.71 & CS plot No.971 SA Khatian No.941 SA Plot No.2740 area of land.06 acre land and he was possessing the land. The SA record of the land was wrongly published in the name of the previous owners of the land instead of Md. Khairul Huda. As such Md. Kh......, police Station Gouripur District-Mymensingh, being owners by purchase through registered deeds of sales evidenced by Annexures-‘F’ and F1 to the Writ Petition, and/or pass such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal o......isional Jurisdiction) Present: Shahidul lslan J Syeda Afsar Jahan J Mahabub Alam Faruq (Md.) and another……………….Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Land and others..........Respondents. Judgment August 17, 2009. Lawyers Involved......10) 31...

Category: Property Law | Date: | Hits: 69

Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)

.... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25.......drawn. (2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which thereafter tries such suit may subject to any special directions in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdraw......ioners. Not represented- the Opposite Party. Civil Miscellaneous Case No. 8 of 2004. Judgment Siddiqur Rahman Miah J.- This application under section 24 of the Code of Civil Procedure originates out of First Appeal No.15 of 1988 which also arises from Partition Suit No.64 of 1986 before ......) 25...

Category: Property Law | Date: | Hits: 68

Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20.......ommission within seven days of that notice. Upon an application by the petitioner under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondents to show cause as to why the order passed by the respondent No.2 vide Memo No. দুদক/সজেকা/রাঙ্গা/da......osts. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20....... DLR (HCD) (2010) 20...

Category: Anti-Corruption Laws | Date: | Hits: 154

Capital Co‑operative Housing Society Ltd. Vs. Director, Land Records and Survey, Government of Bangladesh and others, 1993, 22 CLC (HCD)

....reof and preparation and publication of final record. 10. Rule 28 states the procedure of the work, up to attestation. Rule 29 states that after completion of attestation the Revenue Officer shall publish the draft record‑of‑rights by placing it for public inspection during a period of not le......Rabbani J.- This application under Article 102 of the Constitution by the petitioner, the Capital Co‑operative Housing Society Ltd., represented by its Chairman, calls in question two judgments and orders as at Annexures O and N of the two Revenue Officers, respondent Nos. 1(a) and 2 respectively,......n. The rule is accordingly discharged, butt them will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 289. ......ourt High Court Division (Special Original Jurisdiction) Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Capital Co‑operative Housing Society Ltd.......................Petitioner Vs. Director, Land Records and Survey, Government of Bangladesh and others..............R..

Category: Property Law | Date: | Hits: 125

Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)

....foresaid Company M/s Ashraf Jute Mills Ltd. and that application for winding up was admitted by this Court on 24.3.87. As per order of the Court the presentation of that application of winding up was published in the daily Bengali newspaper the Sangbad on 10.5.87 and the daily English newspaper The ......on under sections 162 and 163 of the Companies Act for winding up of the aforesaid Company M/s Ashraf Jute Mills Ltd. and that application for winding up was admitted by this Court on 24.3.87. As per order of the Court the presentation of that application of winding up was published in the daily Ben......he claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ......DLR (HCD) (1993) 282. ..

Category: Company Law | Date: | Hits: 193

Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)

.... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279....... rightly rejected the defence case that the plaintiff No.2 relinquished her right to get the land by way of reconveyance. So the Court of appeal below was wholly wrong to reverse that finding without ordering for examining the signatures by handwriting expert and by himself comparing the signatures ......1947 Allhabad 411; Faizul Hoque Vs. Noor Meah, 12 DLR 770; Ahsanullah Chowilhury Vs. Haji Abdul Jabbar Chowdhury, 9 DLR 543. Lawyers Lawyers: M Fazlul Karim ‑ For the Petitioners. Shahabuddin Faiz and Maqbul Ahmed Advocates ‑ For the Opposite Parties. Civil Revision No.1027 of 1982. ...... in: 45 DLR (HCD) (1993) 279...

Category: Property Law | Date: | Hits: 57

State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)

....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......me they found that about 40/50 persons including all these accused appellants being armed with guns, daos, halanga, lathies, etc. forming an unlawful assembly encircled the informants' bichra. On the order of Matbar Ali, Giasuddin and Almas fired by their guns at Chandu who fell on the ground. Awal ...... is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......pon the dead body of Abu. 6. Prosecution alleges that the accused appellants committed the offence out of grudge and enmity. It is stated in the FIR that P.W.11 Abdul Mannan purchased the house of one Abdul Khaleque, which accused Matbar Ali, Tenu, Almas and Awal wanted to purchase but they could..

Category: Criminal Law | Date: | Hits: 111

Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)

....ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......on the Deputy Commissioner, Munshiganj to show cause as to why the proceeding in GR Case No.180/83 of the Court of the Magistrate, 1st Class, Munshiganj should not be quashed or such other or further order or orders passed as to this Court may seem fit and proper. At the time of issuance of the Rule......d order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......) 263...

Category: Criminal Law | Date: | Hits: 88

Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)

....suf­fer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314.......rd-For the Appellant. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Md. Sajadul Huq, Advocate-on-Record- For Respondent No. 2. Civil Appeal No. 03 of 2004. (From the judgment and order dated the 20th day of April, 2003 passed by the High Court Division in Criminal Appeal No.125 ......ion of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314.......various types of talaq recognized by Muslim Family Law including Khula and Mobaraka but speaks of pro­nouncement of talaq in any form whatso­ever making a notice mandatory in writing of his having done so with a copy to the other partner so as to make it effective inasmuch as the Ordinance has not..

Category: Family Law | Date: | Hits: 185

Joirunnessa and others Vs. Abdul Matalib being dead his legal heirs; Alta Begum and others, 2009, 38 CLC (AD)

....rder of Trial Court is liable to be restored and accordingly restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 302.......or the Appellants. Khorshed Alam Khan, Advocate instruct­ed by Chowdhury Md. Zahangir, Advocate- on-Record-For the Respondents (as added) Civil Appeal No.579 of 2001. (From the judgment and order dated the 8th day of November, 1998 passed by the High Court Division in Civil Revision No.169......wed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 302.......ed 09.11.1988 and in this way defen­dant Nos.1 and 2 were in possession of the land of schedule II of the plaint. The defendant No.2 purchased the land of 4 dags out of schedule I of the plaint from one Jamini Kumar Nath and Baikunta Nath by kabala dated 01.08.1969 who were tenants of the landlords..

Category: Property Law | Date: | Hits: 65