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Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)
....y granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 44 ......ree under Sub-Rule 7 of Rule 1 of Order XVII— If any case decreed ex-parte on failure of the parties for non compliance of the procedure of sub-rule 3 or 4 of rule 1 of order XVII only then the question of setting aside the ex-parte decree under sub-rule 7 of rule ........Appellants Vs. Madris Ali Saha and Others…………….............Respondent Judgment June 29, 2015 Result: Rule is made absolute. Setting aside the Ex-Parte Decree under Sub-Rule 7 of Rule 1 of Order XVII— If any ......7 of rule 1 of order XVII and the defendants Tightly filed the application under rule 13 of order IX of the code of civil procedure, as such the findings of the courts below is erroneous one. Lawyers Involved: Md. Khaled Ahmed, Advocate— For the Appellants. M..Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1
....n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
......led under Article 102(2)(a)(i) and (ii) of the Constitution of the People's Republic of Bangladesh, a Rule Nisi has been issued, calling upon the respondents to show cause as to why the order dated 17-5-2003 passed by the respondent No. 6 in pursuance of the order dated 19-2-2003 passe......by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
......Islam Vs. Government of Bangladesh, 65 DLR 168; 44 DLR (AD) 260
Lawyers Involved:
Khurshid Alam Khan with Shahanara Begum and Md. Aziz Taufique, Advocates—For the Petitioner.
None appears—For the Respondents.
Writ Petition No. 9288 of 2005
Judgment..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)
....osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ......oz Shah, Advocate-on-Record—For Respondent No. 5. None Rrepresented—For Respondent Nos. 6-8. Civil Petition for Leave to Appeal No.1536 of 2010. (From the judgment and order dated the 4th day of June, 2009 passed by the High Court Division in First Appeal No. 328 of 1....... This Case is also Reported in: 67 DLR (AD) (2015) 266. ......reme Court Appellate Division (Civil) Present: Md. Abdul Wahhab Miah J Md. Imman Ali J AHM Shamsuddin Chowdhury J Immam Hossain Sawdagor and others.........Petitioners Vs. Abul Hashem and others…………………&h..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
....clared without lawful authority and of no legal effect and why the disputed Plot No. 13/A/A/1st Colony Mirpur, Dhaka should not be released from the “ka” list of the abandoned building as published in the Bangladesh Gazette Extra Ordinary on 23.09.1986 and pass such other or further orde......ers, this Court on 04.05.2002 was pleased to issue a Rule Nisi in the following terms:
“Let a Rule Nisi issue calling upon the respondents to show cause as to why the impugned judgment and order dated 31.07.2000 passed by the respondent No. 2 as contained in Annexure I to the writ petitio......lement.
Communicate the judgment to respondent No. 1 at once.
Zinat Ara J.- I agree.
Ed.
This case is also Reported in:
......
(Special Original Jurisdiction)
Present:
Zinat Ara J
J.N. Deb Choudhury J
Sarwar Alam Chowdhury being dead his legal heirs: 1(ka) Fazilatun Nessa Mimi and others. ......Petitioners
Vs.
Government of the People’s Republic of Bangladesh represented by the Secre..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
....cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 349
......limitation of her authority. Hence, this is a fit case where she (the then Chairman of Dhaka Board) should be fined with exemplary amount, so that no one, by using his or her position makes such order which is bound to erode the Rule of law, so nakedly. ......airman and exempt her from imposing any fine.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 349
......t
High Court Division
(Special Original Jurisdiction)
Present:
Md. Rezaul Hasan J
Farid Ahmed J
Anwarul Islam (Md.)……….......................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Education and
others....
Category: Administrative Law | Date: 26 May, 2015 | Hits: 1
Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)
....he respondents to show cause as to why the auction notice dated 26-7-2012 passed by the Artha Rin Adalat No. 4, Dhaka in Execution Case No. 36 of 2012 (Annexure-B) should not be declared to have been published without lawful authority and is of no legal effect." 2. The background lead......section 33(1) of the Artha Rin Adalat Ain, 2003 (hereinafter referred to as Ain) and auction fixed on 12-8-2012 even after fixing the said date for auction, the respondent no.2 violating his own order published the impugned auction notice on 26-7-2012 in "Daily Kaler Kantha" for ......ed and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358 ......nal Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Abdul Monayem Lili…………………………….Petitioner Vs. Judge, Artha Rin Adalat & others..............Respondents Judgment ..Category: Banking Law | Date: 25 May, 2015 | Hits: 0
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
.... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361 ......hout lawful authority being ultra vires Article 83 of the Constitution and void being violative of the fundamental right guaranteed by Article 31 of the Constitution and obtained the present Rule and order of stay. 6. Mr. Mahmudul Islam, the learned Senior Advocate appearing in person after pla......orruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361 ...... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Mahmudul Islam………………...Petitioner Vs. Anti-Corruption Commission and others............Respondents Judgment ..Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2
Government of Bangladesh and oth¬ers Vs. Ashraf Ali, 2015, 44 CLC (AD)
.... Town Improvement Act, 1953 arising out of LA Case No. 41 of 1961-62, if not already made. 2. The facts, leading to the filing of this appeal, are precised below: 3. By gazette notification published on 26-1-1989, several hundred acres of land of different 8 mouzas were requisitioned ......udgment and decree dated 20-7-1999 passed by (the High Court Division in Writ Petition No.1774 of 1995). Judgment Syed Mahmud Hossain J. — This appeal by leave is directed against the order dated 20-7-1999 passed by the High Court Division in Writ Petition No.1774 of 1995 making the ......n the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263 ...... 2. The facts, leading to the filing of this appeal, are precised below: 3. By gazette notification published on 26-1-1989, several hundred acres of land of different 8 mouzas were requisitioned for setting up of Tongi Industrial Town by the former Dhaka Improvement Trust (at present ..Category: Administrative Law | Date: 12 May, 2015 | Hits: 6
Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)
....being disposed of by this single judgment. 3. The facts, leading to the filing of these civil petitions for leave to appeal, in brief, are: The writ petition is premised on an advertisement published in a comic magazine named "Bicchu" dated 6-8-2006 which was circulated as a maga......etitioners. (In both the petitions). None Represented—For Respondents. (In both the Petitions) Civil Petition for Leave to Appeal Nos. 342 and 327 of 2011. (From the judgment and order dated 5-8-2010 passed by a Division Bench of the High Court Division in Writ Petition No. 8493...... with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ......me Court Appellate Division (Civil) Present: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Orascom Telecom Bangladesh Limited..........Petitioner (In CP No. 327/11) Chief Executive Officer, Grameen Phone Limited............Petitioner (I..Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ......ion Bench of this court. But since their Lordship's could not reach a unanimous resolution respecting the ultimate consequence of the appeal as well as the guilt of the convict appellant, by order of the Hon'able Chief Justice of Bangladesh, the matter has been transmitted to this ......Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ...... Daman Ain, 2000 (in brief, Act VIII of 2000) and there under sentencing him to suffer imprisonment for life coupled with a fine of Taka 5,000 in default to suffer rigorous imprisonment for one year more. 2. This criminal appeal has however by the time been heard and verdicts also hav..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
.... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......r the Respondent (In Criminal P. No.374 of 2011)
Mahbubey Alam, Attorney General—For the Respondent (In all the Jail Petitions)
Civil Appeal No.116 of 2010
(From the judgment and order dated 2.3.2010 passed by the High Court Division in Writ Petition No.8283 of 2005.)
With
......respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......ellip;……………..Appellants (In Civil Appeal No.116 of 2010)
Shafiqul Islam …………………………..Petitioner (In Criminal Petition No.374 of 2011)
Masuk Miah ……………&..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......the Respondent ((In Criminal Petition No.374 of 2011)
Mahbubey Alam, Attorney General for the Respondent (In all the Jail Petitions)
Civil appeal no.116 of 2010.
(From the judgment and order dated Division in Writ Petition No.8283 of2.3.2010 passed by the High Court 2005.)
With
...... under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......d and Services Trust (BLAST)
and others ......................................Appellant (In Civil Appeal No.116 of 2010)
Vs.
Shafiqul Islam…................................Petitioner (In Criminal Petition No.374 of 2011)
Masuk Miah……………&h..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....ejected the appeals vide judgment and order dated 10-2-2002, Annexure-H. According to the petitioners after delivery of the judgment of the appellate authority, the draft record-of-rights was finally published in the name of the petitioners under section 144(7) of the SAT Act read with rul......ession in their respective case lands in the draft record-of-rights challenging their tenancy; the Revenue Officer after hearing the parties rejected the objection cases of the respondent No. 5, vide order dated 17-1-2002 Annexure-G. 5. Being aggrieved by the aforesaid rejection order, the resp......hs from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ......ashida Begum, 15 BLC (AD) 115 and Md. Aftab All Sheikh Vs. Director of Land Records and Survey and others, 58 DLR 397. Lawyers Involved: Md. Khairul Alam, Advocate—For the Petitioner Sashanka Shekhar Sarker, DAG with Arobinda Kumar Roy, AAG and Shafiqul Islam Siddique, AAG..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
State Vs. Abdus Salam and others, 2015, 44 CLC (AD)
....urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376 ......p;…………Respondents Judgment April 29, 2015. Result: The appeal is allowed in part. Jurisdiction of this Court in dealing with an appeal against an order of acquittal is circumscribed by the limitation that no interference is to be made with the or......cial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376 ......tending doctor at the hospital. 3. On the same day i.e. on 4-2-1992 at 2.00 PM Faruque Ahmed Chairman of the local Union Parishad reported the incident to the Golapgonj Police Station over telephone. On such information GDE No. 107 dated 4-2-1992 was recorded at 2-00 pm. On the basis of su..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....plication under Article 102 of the Constitution of Bangladesh a Rule Nisi has been issued at the instance of the Petitioner calling upon the Respondents to show cause as to why the Notice for auction published in the daily "Inquilab" and "Bhorer Kagoj" both dated 24-1-2013 (Annex......ed 16-5-2013 and Order No.22 dated 5-6-2013 (Annexure 'E-3') passed in Artha Execution Case No. 69 of 2013 and Order No. 33 dated 3-7-21013 passed In Miscellaneous Case No. 28 of 2013 all the orders passed by Artha Rin Adalat, 2nd Court, Dhaka shall not be declared to have been passed withou......te a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......eme Court High Court Division (Special Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Mahmudul Hoque J Rukunuddin Mollah (Md.) and others.............Petitioners Vs. Artha Rin Adalat 2nd Court and others.....................Respondents Judgm..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)
....ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......t be directed to find out and bring up Salauddin Ahmed, the husband of the petitioner, before this Court on 15-3-2015 at 10-30 AM to deal with the matter according to law and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leadi...... the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......minal Miscellaneous Jurisdiction) Present: Quamrul Islam Siddique J Gobinda Chandra Tagore Hasina Ahmed……………………..... Petitioner Vs. State………………………&hel..Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2
....upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......ication shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......(HCD) (2015) 326
..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 317. ......ppeal and affirming those dated 26-4-2011 passed by the learned Assistant judge, 2 Court, Dhaka in Title Suit No. 488 of 2010 rejecting the plaint should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The relevant facts briefly ...... DLR (HCD) (2015) 317. ......015) 317. ..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)
....ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278 ......o Appeal No. 663 of 2014 with Criminal Petition Nos. 693-98/14, and Criminal Petition Nos. 614, 621, 633-34/14 and Criminal Petition. Nos. 665, 667-70/2014, 11-13 of 2015. (From the judgment and order dated 24.04.2014 passed by the High Court Division in Criminal Miscellaneous Case Nos. 20624/1....... Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278 ...... Present: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Anti-Corruption Commission…………….Petitioner Vs. A A M Habibur Rahman and anothers..........Respondents Judgment Ap..Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8
Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)
....efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227 ....... Khurshid Alam Khan, Advocate, instructed by Mahmuda Begum, Advocate-on-Record—For Respondent No.2. Criminal Petition for Leave to Appeal No.186 of 2014. (From the judgment and order dated 20-2-2014 passed by the High Court Division in Criminal Revision No. 357 of 2013) J......s disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227 ...... (Criminal) Present: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Mafruza Sultana.................................Petitioner Vs. State and another...............................Respondents Judgment Ap..Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19
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