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Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)

.... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18.......he detenu along with 9 others under section 54 of the Code of Criminal Procedure and was forwarded to the court of Magistrate with a prayer to remand them to custody till the receipt of the detention order. Thereafter the District Magistrate, Comilla, namely, the opposite party No. 3 Put the dete......trict Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18.......ted in: 40 DLR (1988) 18...

Category: Criminal Law | Date: | Hits: 40

Zahirul Alam Vs. Manindra Nath Thakur, 1987, 16 CLC (HCD)

....nce of seeking the ends of justice. I refrain from interfering with the impugned order. Consequently this application is summarily rejected. Ed. This Case is also Reported in: 40 DLR (1988) 16. ...... the Opposite Party. Civil Order No. 1 249 of 1987 Judgment Latifur Rahman J. - In the application under section 115 of the Code of Civil Procedure, the defendant petitioner has challenged order No. 39 dt. 27.7.87 passed by the Assistant Judge, Kashiani, District Gopalganj in allowing an ......o Reported in: 40 DLR (1988) 16. ...... This Case is also Reported in: 40 DLR (1988) 16. ..

Category: Procedural Law | Date: | Hits: 111

Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)

....eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ......ul Mannan with Zakir Ahmed - for the respondents. Appeal from Original Order No. 171 of 1984. Judgment Mustafa kamal J. - This first miscellaneous appeal is directed against the judgment and order dated 19.4.84 passed by Mr. Ali Ashraf Khan Lodi, Subordinate Judge, 1st Court, Dhaka in Misce...... Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ......ected against the judgment and order dated 19.4.84 passed by Mr. Ali Ashraf Khan Lodi, Subordinate Judge, 1st Court, Dhaka in Miscellaneous Case No. 239 of 1980 dismissing an application of the petitioner-appellant under Order 9, rule 13 of the Code of Civil Procedure. 2. Title Suit No. 322 of 19..

Category: Procedural Law | Date: | Hits: 101

KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)

....frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ......med, Advocates - For the Opposite Party. Civil Revision No. 87 of 1985. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against an order dated 9.4.84 passed by the learned Subordinate Judge, 3rd Court, Dhaka accepting the written s......…………………………………….OppParties. Judgment August 3, 1987. Lawyers Involved: Syed Ishtiaq Ahmed with Ozair Farooq, Advocates - For the Petitioner. Dr. Kamal Hossain with Kazi Shahabuddin Ahmed and Salahuddin Ahmed, Advocates - For the Opposite Party. Civil Re......n: 40 DLR (1988) 1. ..

Category: Civil Law | Date: | Hits: 83

Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)

....d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......ted- the Appellant. Appeal from Original Order No. 221 of 1995. With Cross Objection No. 2 of 1997. Judgment Mahmudul Amin Choudhury J.- This appeal is directed against judgment and order dated 8-7-95 passed by the learned Subordinate Judge, 1st Court, Comilla in Title Suit No.4 of......ction is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......t bank. 2. The short fact leading to this appeal is that, the plaintiffs who are respondents here instituted the aforesaid suit praying for a declaration that they are entitled to 3/4th amount of money now being kept with the appellant-bank in FDR showing in the name of defendant No.1 and her lat..

Category: Banking Law | Date: | Hits: 122

Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)

....ssion of the wreck MV Pavlina-I and it was so notified for general information in the newspaper the “Daily Janakantha” on 3 1-8-94. A Notification for the sale of wreck inviting sealed tender was published at the instance of the receiver. The petitioner in order to participate in the sealed tend......Chowdhury J.- On an application made under Article 102 of the Constitution by the petitioner Bashiruddin Ahmed a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order contained in the Nathi No.3 (3) VAT-5/95 corresponding to 25-3-1402 BS (Annexure-M) issued by ......as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ......preme Court High Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J Md. Iftikhar Rasool J Bashiruddin Ahmed…………………………………Petitioner Vs. Ministry of Finance, National Board of Revenue ……………Respondents Judgment..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)

....missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ...... by that Code or by this Act, be the procedure followed in a Court of Small Causes in all suits cognizable by it and in all proceedings arising out of such suits: Provided that an applicant for an order to set aside a decree passed ex parte or for a review of judgment shall, at the time of presen......ower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......ent No. 2. Appeal from Original Decree No. 415 of 1996. Judgment Mahmudul Amin Choudhury J.- This appeal is directed against judgment and decree passed by Artha Rin Adalat No. 2. Dhaka in Money Suit No. 34 of 1992. The Adalat by judgment dated 29-8-1996 decreed the suit for a sum of Taka ..

Category: Banking Law | Date: | Hits: 136

Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)

....sim made some objectionable and derogatory remarks about the Judges of the Supreme Court and viciously attacked the institution of judiciary in the Parliament. His contemptuous statements were widely published in the National Dailies on 7-9-1999, one of which was the Daily Star, Dhaka, Tuesday, Sept......sing terrorism.” 3. To justify his allegations against the Higher Court the Home Minister stated that how the terrorists were arrested in the city and then they became freed under the High Court order. One day some local people from Maghbazar area came to him and informed that notorious terrori......granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......R (HCD) (2000) 16. ..

Category: Criminal Law | Date: | Hits: 54

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)

.... detention under section 3(2) of the Special Powers Act directing the detention of the detenu for a period of 30 days from the date of service thereof was issued as appeared from the newspaper report published in ‘Mukta Kantha’ dated 28-12-98. The said report mentioned about grounds of detention......r family, was arrested by the Sutrapur PS Police on 16-12-1998 at about 2-00 PM and was produced before the Metropolitan Magistrate on 17-12-98 and thereafter he was sent to Dhaka Central Jail and an order of detention under section 3(2) of the Special Powers Act directing the detention of the deten......their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......preme Court High Court Division (Special Original Jurisdiction) Present: Md. Fazlul Karim J Md. Ali Asgar Khan J Bangladesh Legal Aid and Services Trust (BLST)…………….Petitioner Vs. Bangladesh & others………………………………….….Respondents Jud..

Category: Criminal Law | Date: | Hits: 106

Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....ganization, which has been providing legal advice, assistance and representation to the poor and marginalised sectors of society for over ten years. The ‘Daily Star’, a reputed national newspaper published a front page news report dated 23 December 2003 entitled ‘Behind bars, sans trial for ye...... review to this court within 4(four) weeks from date and furnish a list of such ‘under trial’ prisoners in the Dhaka Central Jail and other Jails in this country and or pass such other or further order or orders as to this court may seem fit and proper. 2. It has been asserted that the petiti......ttorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11.......11...

Category: Criminal Law | Date: | Hits: 45

Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)

....ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ......dents. FMA No. 144 of 1997. Judgment Md. Abdul Karim J. - This application on behalf of respondent No.1 Moulana Delwar Hossain Saydee in First Miscellaneous Appeal No.144 of 1997 is for an order dismissing the appeal on the preliminary point of maintainability. 2. The facts of the case......ision (Civil Appellate Jurisdiction) Present: Md. Abdul Karim J Amirul Kabir Chowdhury J Sudhangshu Shekhar Haldar ………………………..Appellant Vs. Moulana Delwar Hossain Saydee and others..…………..Respondents Judgment June 25, 1998. Cases Referred To- ......ts that there are some findings in the Judgment of the Election Tribunal which may be adverse to the appellant of First Miscellaneous Appeal No. 144 of 1997, but the decision given in the judgment is one, which is exactly what the appellant had prayed for, merely, for declaring the election of the r..

Category: Election Law | Date: | Hits: 159

Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)

....charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......plain why the complaint was filed before expiry of 15 days. But it is obvious that it was due to some misconception or oversight either on the part of the complainant or on the part of his lawyer. In order to uphold justice in this particular case, we hold that for the defect of prematurely of cause...... learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......2001) 403. ..

Category: Criminal Law | Date: | Hits: 35

Abul Hossain (Md) and others Vs. State, 1999, 28 CLC (HCD)

....agistrate for compliance of our aforesaid direction and observation. With the aforesaid finding and observation, this Rule is disposed of. Ed. This Case is also Reported in: 53 DLR (2001) 402.......l Code which is non-cognizable offence. Therefore, in this case trial of non-cognizable offence cannot be preceded as the investigation itself in the case could not proceed without the permission or order of the Magistrate. 3. It appears that the parties were heard under section of 241 of Cr.P.C......tion and observation. With the aforesaid finding and observation, this Rule is disposed of. Ed. This Case is also Reported in: 53 DLR (2001) 402.......001) 402...

Category: Criminal Law | Date: | Hits: 34

Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)

....ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......ant offered rent of December, 1992 in favour of the plaintiff but the rent was not accepted nor the rent of January, 1993 was accepted by the landlord and the rent being sent to the landlord by money order the defendant filed House Rent Case No. 5 of 1993 and that the defendant was not aware of the ......shir Ahmed and others………………Petitioners Vs. Ayub Ali Mollah………………………………Opposite Party Judgment February 25, 1998. Case Referred To- Ramijan Ali Ministry Vs. Md. Hedayetullah 31 DLR (AD) 183. Lawyers Involved: Md. Fazlul Karim, Advocate—......ported in: 52 DLR (HCD) (2000) 55. ..

Category: Tenancy Law | Date: | Hits: 148

Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)

....uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ...... plaintiff claimed that on 01-06-96 she and her husband were driven out of the suit shop “The Tangail Porabari Sweets”, of course, who ousted them has not been stated in the paragraph. 12. In order to succeed in the suit, the plaintiff was required to prove the above cause of action. The pla......itioners Vs. Hosne Ara Lili…………..Opposite Party Judgment March 16, 2001. Lawyers Involved: Shafique Ahmed with Shahidul Islam, Advocates- For the Petitioners. Jamiruddin Sircar with Bazlul Ghani, Advocates- For the Opposite Party. Civil Revision No. 3630 of 1998. ......R (2001) 394. ..

Category: Civil Law | Date: | Hits: 82

Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)

....e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ...... instructed by Syed M Rahman, Advocate-on-Record—For the Respondent No. 2. Not Represented—Respondent No. 1. Criminal Petition for Leave to Appeal No.159 of 2009. (From the judgment and order dated 3-3-2009 passed by the High Court Division in Criminal Miscellaneous Case No.5373 of 200......ge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ...... (Criminal) Present: M M Ruhul Amin CJ Md. Joynul Abedin J Md. Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J Amzad Hossain………………………………….Petitioner Vs. State and another……………………………...Respondent Judgment Novemb..

Category: Criminal Law | Date: | Hits: 34

BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....Mirpur, Dhaka were acquired vide LA Case No. 159 of 1961-62 for the purpose of establishing modern Satellite Town and after duly completing all the legal formalities, Gazette Notification was finally published on 5-11-1970. Thereafter, the same were transferred and the possession thereof was also ha......g possession, as the inhabitants of the Basti are illegally residing as trespassers. The learned Counsel lastly submits that this Rule having no cause of action is liable to be discharged. 10. In order to appreciate the submissions of the learned Counsels, we have gone through the writ petition,......f without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325....... Court High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J Syed Md. Ziaul Karim J Bangladesh Legal Aid and Services Trust and others…….…….Petitioners Vs. Government of the People’s Republic of Bangladesh and others………..Respondents..

Category: Constitutional Law | Date: | Hits: 171

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

.... of the United Nations as a member of the Bangladesh Delegation. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as printer and publisher of 'Manabjamin'. It is now well settled that Editor, Printer and Publisher of a newspape...... On hearing the tape he agreed that it is his voice and he had that talk with the judge. Thereafter, be again filed an application for supplying him a copy of the transcript of the conversation in order to enable him to file an affidavit-in-opposition. We allowed the application and directed Mr.......wscaster of BTV. She is an accomplished lady. She attended the General Session of the United Nations as a member of the Bangladesh Delegation. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as printer and publisher of 'Manabja......he news media and she does not deserve to get any leniency in the matter of sentence. But we came to know that she has a boy and a daughter and if both the guardians of the family be in prison for one month the family life of the children will be disrupted and great inconvenience will be caused ..

Category: Criminal Law | Date: | Hits: 130

Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)

....ts after converting the vacant space reserved for mosque, community centre, school, etc, into residential plots allotted the same to different lessees and in view of protest of residents of section 5 published a revised place of section 5 wherein space for play ground, mosque and other civil ameniti......ntaining healthy environment for the residents and RAJUK cannot deprive the residents of such facilities on any plea whatsoever. In the result, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: ...... any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12.   ......   ..

Category: Property Law | Date: | Hits: 55

Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)

....f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ...... Civil Revision No. 2049 of 2001. Judgment Md. Abdur Rashid J.- This Rule was obtained upon making a revision application under section 115 of the Code of Civil Procedure against judgment and order dated 20-03-2001 passed by the Additional District Judge, 4th Court at Comilla in Election App......Md)..............Petitioner Vs. Md. Siddiqur Rahman Bhuiyan and others…………………………Opposite Parties Judgment May 16, 2001. Cases Referred To- Moulana Delwar Hossain Saydee Vs. Sudhanshu Shekhar Halder and others, 52 DLR (AD) 20; Nur Hossain Vs. Election Tribunal......s Case is also Reported in: 53 DLR (2001) 390. ..

Category: Election Law | Date: | Hits: 79