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Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)

.... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ......e. Criminal Appeal No.2136 of 1993. Judgment Afzal Hossain Ahmed J. - This appeal, at the instance of the convicts, Md. Mosharraf Hossain and two others, is directed against the judgment and order dated 30.9.1993 passed by the learned Sessions Judge, Gazipur in Sessions Case No.75 of 1992 a......h a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ......¦â€¦â€¦â€¦â€¦â€¦â€¦..Appellant Vs. The State……………………………………………………………..Respondent Judgment March 26 & 27, 2011. Lawyers Involved: No one-For the appellants. Md. Selim, Deputy Attorney-General with Md. Ensanuddin Sheikh and Md. Nur..

Category: Criminal Law | Date: | Hits: 69

Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)

....rder of stay granted earlier by this Court is hereby vacated. Let a copy of this order be transmitted to the court below immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 169. ......540 of 1990. Judgment Muhammad Ansar Ali J.- This Rule arises out of an application by the defendant‑petitioners under section 115(1) of the Code of Civil Procedure and is directed against an order being Order No.89 dated 6.10.90 passed by the learned Subordinate Judge, Rajbari in Title Suit......h Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Muhammad Ansar Ali J Sk. Abul Qasem and others....................Petitioner Vs. Mayez uddin Mondal and others........................Opposite Parties Judgment January 15, 1992. Cas......9. ..

Category: Procedural Law | Date: | Hits: 84

North Bengal Paper Mills Ltd. Vs. The Chairman Labour Court, Lakshmipur, Rajshahi and others, 1991, 20 CLC (HCD)

.... the impugned order without jurisdiction and the same is of no legal effects. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 167.......5 of 1985 (Dhaka) and Writ Petition No.23 of 1989 (Rangpur). Judgment AM Mahmudur Rahman J.- By this Rule Nisi the respondents were called upon to show cause as to why the impugned judgment and order passed on 7.8.85 by respondent No.1 as per Annexure C to the writ petition should not be decla......s of no legal effects. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 167.......993) 167...

Category: Labour and Industrial Law | Date: | Hits: 112

Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)

.... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ...... No one ‑ For the Opposite Party. Civil Revision No.102 of 1986. Judgment Muhammad Ansar Ali J.- This Rule at the instance of the plaintiff-­petitioner calls in question the judgment and order dated 19.12.85 passed by Mr. TK Rudra, Senior Munsif, Sadar, Mymensingh in Miscellaneous Case ......r Ali J Arshad Ali……………………Petitioner Vs. Momtaz Ali and another................. Opposite Party Judgment December 9, 1991. Cases Referred To- Ganeshmal Vs. Kesorain Cotton Mills Ltd., 55 CWN page 349 (355) Lawyers Involved: SR Karmaker, Advocate ‑ For th...... is also Reported in: 45 DLR (HCD) (1993) 164. ..

Category: Procedural Law | Date: | Hits: 94

Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)

.... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ...... J.- At the instance of the petitioner Chittagong Textile Mills Ltd. a Rule Nisi was issued under Article 102 of the Constitution calling upon the respondents to show cause as to why the judgment and order dated 15.6.87 passed by the respondent No.1 in Complainant Case No.58 of 1984 (Annexure 'C') s......ve modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ......(1993) 159. ..

Category: Labour and Industrial Law | Date: | Hits: 120

Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)

....d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ...... Judgment Muhammad Ansar Ali J.- This rule at the instance of the plaintiff‑petitioner arises out of an application under section 115(1) of the Code of Civil Procedure and is directed against an order being No.34 dated 16.3.89 passed by the learned Subordinate Judge, Rajbari in Title Suit No.42......is also Reported in: 45 DLR (HCD) (1993) 154. ......CD) (1993) 154. ..

Category: Procedural Law | Date: | Hits: 76

Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)

.... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ......987. Judgment Habibur Rahman Khan J. - This Rule was issued at the instance of the plaintiff No. 2 petitioner calling upon the opposite parties to show cause as to why the impugned judgment and order dated 28.5.87 of the Court of Munsif, Satkhira passed in Title Suit No. 173 of 1984 should not......Insurance Co. Ltd. and another Vs. The Gwalior Transport Ltd. and another, AIR 1975 (Karnatak) 200; Fazle Karim Khan Vs. Naderuzzaman and other, 10 DLR (1958) 632; Arts Council of Pakistan Vs. Raizuddin Pirzada, PLD (Karachi) 1969 P 349; Charles S Brown Vs. Albert Donugh Hanson, AIR 1933 (Bom) 185; ......Reported in: 43 DLR (1991) 394. ..

Category: Administrative Law | Date: | Hits: 189

Naogaon Chitrabani Ltd. Vs. Naogaon Cinema Hall Sramajibi Union and another, 1990, 19 CLC (HCD)

....ake step in this behalf. We, however, make no order as to cost. Let the records of the Registrar, respondent No. 2 be sent back at once. Ed. This Case is also Reported in: 43 DLR (1991) 392. ...... Nurul Huque Bhuiyan J. - This Rule Nisi obtained by the petitioner under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the order of Registration of respondent No. 1 Union under Registration No. Raj-479 by respondent No. 2 g...... to cost. Let the records of the Registrar, respondent No. 2 be sent back at once. Ed. This Case is also Reported in: 43 DLR (1991) 392. ......ourt Division (Special Original Jurisdiction) Present: Nurul Huque Bhuiyan J Mainur Reza Chowdhury J Naogaon Chitrabani Ltd. a limited liability Co. & others……….........Petitioners Vs. Naogaon Cinema Hall Sramajibi Union and another.....................Respondents. ..

Category: Labour and Industrial Law | Date: | Hits: 115

Khokan Vs. State, 1990, 19 CLC (HCD)

....lows: "(6) If a Special Tribunal has reason to believe that an accused person has absconded or is concealing himself so that he cannot be arrested and produced before it for trial, it may by order published in the official Gazette and in such other manner as it may deem fit, direct such person to......he Appellants. Salma Masud, Advocate ‑ For the State. Criminal Appeal Nos. 132 & 172 of 1989. Judgment Abdul Bari Sarker J. - These two appeals are directed against the judgment and order of conviction and sentence passed by Mr. Md. Abu Baker Siddique, Additional District and Sessi......ven if the accused appellants or any of them do not surrender to the trial Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ...... ends of justice, the case should go on remand for retrial to the Special Tribunal, specially in view of the irregularity in the notification, regarding the abscondence of the accused appellants mentioned above. In view of above, I do not like to enter into the merits of the case. 8. The appeals ..

Category: Criminal Law | Date: | Hits: 67

M Mahmood Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and another, 1991, 20 CLC (HCD)

....ne ground alone i.e. for maintenance of public safety and public order; that the detenu while staying in his own house after his resignation made a statement in the 'Morning Sun' on 8.12.90 which was published on 9.12.90 which shows that the detenu was maintaining a close liason with the former Pres......ned on December 6, 1990, in whose place the Chief Justice of Bangladesh was appointed as Vice‑President and who is now acting as President of Bangladesh as head of the Caretaker Government; that an order of detention under section 3(1)(a) of the Special Powers Act, 1974 (hereinafter referred to as...... be at once released from custody if not wanted in connection with any‑other case. Ed. This Case is also Reported in: 43 DLR (1991) 372. ...... in: 43 DLR (1991) 372. ..

Category: Constitutional Law | Date: | Hits: 178

Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)

.... for permission to transfer the suit property to the plaintiff and by Memo dated 19.8.82 the DIT directed to deposit transfer fee of Tk. 5,05,000.00 plus Tk. 909.00 as service charge; defendant No. 2 published notice in the newspapers and also sent notice through his Advocate to the plaintiff claimi......that he was the owner of 8.00 annas share of the suit property and that the Memo dated 19.8.82 issued by the DIT directing defendant No. 1 to deposit transfer fee etc. was illegal and had obtained an order of status‑quo in that suit; that the plaintiff further learnt that the defendant No. 1 had f......LD 1947 PC 407; 521 C 971 AIR 1926; Mad 579, AIR 1961 Raj 196; AIR 1943 Mad 497; AIR 1973 SC 2457; Madduria Chelly Vs. Babu Saheb, 52 IC 971; AIR 26 Mad 597; AIR 1961 Raj 196 and AIR 1973 SC 2457; Govinda Vs. Apathsahaya, AIR 1915 Mad 305; Nowab Meah Vs. Ezazuddin Ahmed, 13 DLR 554; Administrator of......360. ..

Category: Civil Law | Date: | Hits: 92

Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)

....rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ......r. No one-For the opposite parties. Civil Revision No. 8925 of 1991. Judgment Siddiqur Rahman Miah J. - This Rule obtained by the plaintiff petitioner is directed against the judgment and order No.124 dated 23.08.1988 passed by the Assistant Judge, Sadar Upazilla, Noakhali in Miscellaneo......05. ...... (2011) 441, 8LG (2011) HCD 305. ..

Category: Property Law | Date: | Hits: 82

Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)

....on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......ior advocate (with Rafiqul Islam Miah, Senior advocate) instructed by Zahirul Islam, Advocate-on-Record-For respondent. Civil Petition for Leave to Appeal No. 527 of 2011 (From the judgment and order dated 23.02.2011 passed by the High Court Division in Civil Revision No.4310 of 2010) Judgm......rder as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ...... Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Anika Ali, daughter of late Kazi Haider Ali..................Petitioner Vs. Rezwanul Ahsan, son of Monjurul Ahsan Munshi.........Respondents Judgment June ..

Category: Family Law | Date: | Hits: 327

Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)

....ut the authority concerned did not give lease to the petitioner and instead issued a memo dated 19.01.2009 directing the petitioner to pay balance rent for 1415 BS amounting to Tk.1,21,942/- and also published a notice inviting tenders for lease of the said fishery for the years 1416-1418 BS. Hence,......d-For the petitioners. Fazlur Rahman Khan, Advocate instructed by Mahmuda Begum, Advocate-on-Record-For respondent. Civil Petition for Leave to Appeal No.1846 of 2010. (From the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009) Order ......ion in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......) Present: Md. Muzammel Hossain J Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh and others.................Petitioner Vs. Md. Mustafizur Rahman Kanchan.........................Respondent Judgment April..

Category: Fiscal/Taxation Law | Date: | Hits: 96

M. Akbar Ali Vs. Government of Bangladesh, 2011, 40 CLC (AD)

...., we are of the view that the order of status quo was rightly vacated. Hence, we do not find any merit in this petition, which is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 433. ......dvocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For respondent No.8. Not represented- Respondents No.1-7, 9 & 10. Civil Petition for Leave to Appeal No.396 of 2010. (From an order dated 14.01.2010 passed by the High Court Division in Writ Petition No. 6686 of 2009) Judgm......e do not find any merit in this petition, which is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 433. ......mar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J M. Akbar Ali, son of late Akel Ali...............Petitioner Vs. Government of Bangladesh and others.........Respondents Judgment May 26, 2011. ..

Category: Others | Date: | Hits: 148

Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ......Appeal No. 126 of 2006.) Civil Appeal No.218 of 2007 with Civil Petition for Leave to Appeal No.126 of 2006. Judgment Muhammad Imman Ali J. - Leave was granted to consider the judgment and order dated 11.05.2005 passed by the Division Bench of the High Court Division in Writ Petition No.5...... Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ...... Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Bera Pourashava and another………………Appellants (In Civil Appeal No.218 of 2007) Md. Abdul Mazid ..............................Petitioner (In Civil Appeal No.126 of 2006) Vs. The Government of Bangladesh and others.......Respon..

Category: Election Law | Date: | Hits: 152

Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)

....reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ......ontained in the Civil Petition for Leave to Appeal. Security of Tk. 1,000/- is to be deposited within 1(one) month. The preparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also R......y granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ......l) Present: Md. Muzammel Hossain J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Amir Hussain Sowdager, son of late Mafizur Rahman.........................Petitioner Vs. Mohammad Harunur Rashid, son of late Khaiez Ahmed & others………Respondents Jud..

Category: Property Law | Date: | Hits: 98

Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)

....n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dis­missed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......y, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondents. (In both the cases) Civil Petition for Leave to Appeal Nos. 1996 & 2029 of 2009. (From the judgment and order dated the 6th day of July, 2009 passed by the High Court Division in Appeal from Original Decr...... Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......ent: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and another………..Petitioners (In Civil Petition No.1996 of 2009.) Nurul Absar Shaheen………………….........Petit..

Category: Property Law | Date: | Hits: 93

Bangladesh Vs. Md. Abdul Alim and others, 2010, 39 CLC (AD)

.... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185.......d 144 of 2009.) Order Surendra Kumar Sinha J. - The subject matter of these petitions and law points involved are iden­tical. Accordingly, these petitions are dis­posed of analogously by this order. 2. Facts relevant for disposal of these peti­tions are that in pursuance of an advertiseÂ......r hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185.......irul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Bangladesh repre­sented by the Cabinet Secretary, Bangladesh Secretariat, Dhaka ..........................................Petitioners. (In all the Cases) Vs. Md. Abdul Alim and others ………………......................

Category: Administrative Law | Date: | Hits: 188

Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)

....tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ......ers. Tapan Kumar Chakroborty, Advocate ‑ For the Opposite Party No. 1. Civil Revision Case No. 211 of 1986. Judgment Bimalendu Bikash Roy Choudhury J. - This Rule is directed against an order dated 28.6.86 passed by Mr. Manjur Kader, Upazila Munsif, Banaripara in Title Suit No.12 of 19......Petitioners. Tapan Kumar Chakroborty, Advocate ‑ For the Opposite Party No. 1. Civil Revision Case No. 211 of 1986. Judgment Bimalendu Bikash Roy Choudhury J. - This Rule is directed against an order dated 28.6.86 passed by Mr. Manjur Kader, Upazila Munsif, Banaripara in Title Suit No.......eported in: 43 DLR (1991) 327. ..

Category: Property Law | Date: | Hits: 80