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Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)

....se or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts leading to the issuance of the Rule are as follows: The Daily Star in its issue of 9-1- 2001 published an article titled “Murder at DB Office. Hearing of Case again adjourned.” The article ...... the Court of learned Metropolitan Additional Sessions Judge, 5th Court, Dhaka should not be changed and a Special Public Prosecutor be appointed for conducting the Case or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts leading to the issuance of......to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Ali Asgar Khan J SK Sinha J Daily Star and Prothom Alo Patrika…………….Petitioners Vs. State………. Opposite Party Judgment January 28, 2001. ..

Category: Criminal Law | Date: | Hits: 189

Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)

.... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ......ant provisions of section 17 of the Ordinance of 1985 are extracted hereunder: “17. Appeal. - (1) Subject to the provisions of sub-section (2), an appeal shall lie from a judgment, decree or order of a Family Court to the Court of District Judge. (2)……………………… ......hammad Ali Khan, Advocate—For the Petitioner. Md Khurshid Alam Khan, Advocate—For the Opposite Party. Civil Revision No. 2219 of 1997. Judgment AK Badrul Huq J.- Feeling aggrieved by a decision rendered by appellate Judge in a family Appeal where under maintaining d......eported in: 53 DLR (2001) 152. ..

Category: Family Law | Date: | Hits: 152

Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)

....hman Vs. Mujibur Rahman, 35 DLR (AD) 203. Where the conduct is an attempt to obstruct the administration of justice or to lower or undermine the dignity or authority of the Court either by writing or publishing or by words spoken or action taken contemptuous in the face of the Court or to bring the ...... Mr Attorney-General frankly submitted that he is appearing in this Case as Attorney General for Bangladesh, but not on behalf of the Prime Minister. He submitted that considering the overall law and order situation in the country and the surrounding circumstances the Prime Minister made the aforesa......ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ......ourt High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J Mainul Hosein & others……………..Petitioner Vs. Sheikh Hasina Wazed……………Respondent Judgment October 2..

Category: Criminal Law | Date: | Hits: 49

Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)

....ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ....... The petitioner prayed for giving custody of the victim girl to him and his prayer was not considered by the learned Sessions Judge, Satkhira in Criminal Miscellaneous Case No.577 of 2000 and by his order dated 1-11-2000 the learned Sessions Judge rejected the prayer and passed an order for keeping...... granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ...... Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Haque J Md. Munsurul Haque Choudhury J Tarun Karmaker……….Petitioner Vs. State and ors………….Respondents Judgment December 12, 200..

Category: Criminal Law | Date: | Hits: 33

Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)

....f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ......s dismissed for default on 23-1-1996. The plaintiff-appellant filed an application under section 151 of the Code of Civil Procedure for restoration of the said Miscellaneous Case on setting aside the order dated 23-1-96 which was rejected by the Court vide its order dated 29-6-96. The plaintiff-appe...... This Case is also reported in: 53 DLR (2001) 131. ......bruary 12, 2001. Cases Referred To- Mrinal Kanti Guha & others Vs. Brajendra Lad Dhar & others 44 DLR (AD) 9; Salamat Bibi & others Vs. Settlement and Rehabilitation Commissioner, Multan, 21 DLR (SC) 353. Lawyers Involved: Md. Mahbub Ali, Advocate— For the ..

Category: Property Law | Date: | Hits: 29

Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)

....nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ......r Respondent Nos.1 and 2-3. Writ Petition No.2918 of 1999. Judgment Md. Abdul Wahhab Miah J.- This Rule nisi was issued calling upon the respondents to show cause as to why the order being No.43 dated 11-5-99 passed by AM Shahidur Rahman, Special Tribunal No.1, Satkhira in Spe...... In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ...... Court High Court Division (Special Original Jurisdiction) Present: Md. Faziul Karim J Md. Abdul Wahhab Miah J Sirajul Islam (Md) and another …….. Petitioners Vs. Government of Bangladesh & others………………. Respondents ..

Category: Criminal Law | Date: | Hits: 101

Syed Mustafizur Rahman Vs. State, 2001, 30 CLC (HCD)

....arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ......llants. FKM Ahsan Mahbub, Assistant Attorney- General — For the Respondent. Criminal Appeal No.710 of 1991. Judgment Md. Abdul Matin J.- This appeal is directed against the judgment and order dated 38-5-91 passed by the Senior Special Judge Jhalakati in Special Case No. 9 of 1989 convi......he charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ......e No. 9 of 1989 convicting and sentencing the accused appellant to suffer rigorous imprisonment for 3(three) years and to pay a fine of Taka 20,000.00 in default to suffer rigorous imprisonment for 1(one) year under section 409 of the Penal Code read with 5(2) of the Act II of 1947. 2. The prosec..

Category: Criminal Law | Date: | Hits: 42

Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)

....িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ......ies. Civil Revision No. 1634 of 1991. Judgment AKM Shafiuddin J.- This is an application under section 115(1) of the Civil Procedure Code. It is directed against the judgment and order dated 20-03-19991, passed by the learned Assistant Judge, Muradnagar, Comilla in the Miscellan...... order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ......: 53 DLR (2001) 114. ..

Category: Civil Law | Date: | Hits: 80

Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)

....efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ...... 19 of the Extradition Act, 1974. By this Rule the Deputy Commissioner, Sylhet was asked to show cause as to why the accused petitioner shall not be enlarged on bail and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. In the application for bail it h...... of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ...... ..

Category: Criminal Law | Date: | Hits: 87

Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)

....63. As already stated accused No.8 Abdus Shukur’s highest offer at the auction for plot No. 49 was not accepted as inadequate by the RAJUK and on a subsequent date on 19-1-1987 an advertisement was published in the daily Ittefaq regarding auction of the said two plots at a minimum price of taka th...... himself and 12 others to accused No.1 stating that they were the affected persons and also highest bidder and praying for allotment of the said plots No.49 and 49A. On 28- 8-1989 accused No.1 passed order on the body of the said application for allotting the two plots to the said applicants at the ......mmercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ...... bid of Taka 1,93,550.00 per kattah for plot No.49, but the offer was not accepted on the ground that the auction bid was inadequate. Subsequently the said two plots were again put to auction, but no one participated in the auction. On 26-8-1989 accused No.1 while holding the position of the Preside..

Category: Property Law | Date: | Hits: 33

Mosharaf Hossain (Md) @ Mash Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....to believe that a person in respect of whom a detention order has been made has absconded, then the authority shall proceed under sections 87, 88 and 89 of the Code of Criminal Procedure and if after publishing a notice in the official gazette, the person concerned fails to comply with the order, he...... detained in Jhenaidah District Jail should not be brought before this Court to be dealt with according to law. 2. The learned Advocate for the petitioner, at the very outset, submits that the order of detention was made on 24-6-99 but it was served on 19-6- 2000 i.e. after about one year. He......trict Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ......rt Division (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Hoque J Md. Munsurul Haque Choudhury J Mosharaf Hossain (Md) @ Mash……………….Petitioner Vs. Bangladesh and others…………………….Opposite Parties Judgmen..

Category: Criminal Law | Date: | Hits: 29

Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)

....spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ...... FKM Ahsan Mahbub, Assistant Attorney- General—For the State. Criminal Revision No. 350 of 1996. Judgment Gour Gopal Saha J.- This Rule is directed against the judgment and order dated 12-11-1995 passed by the learned Additional Sessions Judge, Faridpur in Criminal Appeal ......ipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ......eported in: 53 DLR (2001) 99. ..

Category: Criminal Law | Date: | Hits: 60

Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)

.... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ......ision No. 1164 of 1991. Judgment AK Badrul Huq J. - The subject matter of challenge in this Rule arising out of an application under section 115 of the Code of Civil Procedure is judgment and order dated January 31, 1991 recorded by the learned Additional District Judge, First Court, Brahman...... Ed. This Case is also Reported in: 53 DLR (2001) 97. ...... in: 53 DLR (2001) 97. ..

Category: Property Law | Date: | Hits: 28

Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....how cause to why the inclusion of Holding No. 16/14 Block-C Mohammadpur, Dhaka in the list of Abandoned Buildings in serial No. 37 at page 9764(16) in the Official Gazette dated 23rd, September, 1986 published under section 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 shal......thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ...... to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ......e Court High Court Division (Special Original Jurisdiction) Present: Md. Gholam Rabbani J Nazmun Ara Sultana J Abul Hossain and others……………Petitioner Vs. Bangladesh and others…………..Respondent Judgment June 12,..

Category: Property Law | Date: | Hits: 18

Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

.... in favour of the assessee applicant. Accordingly, the reference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ......ence application at the instance of the Assessee appellant arises out of assessment made by the Assistant Commissioner of Taxes, Noakhali, Circle-1, Noakhali, for the assessment year 1987-88 vide his order dated nil under section 83(2) of the Income Tax Ordinance, 1984 on a total income of Taka 3,24......eference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ......h Court Division (Special Original Jurisdiction) Present: Syed Amirul Islam J SANM Rahman J Ali Azam, Advocate………………Applicant Vs. Commissioner of Taxes……………Respondent Judgment August 17, 1999. Lawyers Involv..

Category: Fiscal/Taxation Law | Date: | Hits: 67

Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)

....s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......o auditing has taken place. 18. Mr AKM Nazrul Islam, the learned Counsel has appeared on behalf of the BSRS and he has with candor, admitted that he is supporting the Case of the petitioner in order to protect the interest of BSRS as regards repayment of loan by the company. He has contended ......he aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......se is also Reported in: 53 DLR (2001) 81. ..

Category: Business or Commercial Law | Date: | Hits: 198

Safiqueuddin Ahmed (Md) and another Vs. House Building Finance Corporation, 2000, 29 CLC (HCD)

....ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ......te — For the Opposite Party. Civil Revision No.8745 of 1991(Dhaka) Civil Revision No.195 of 1989(Rangpur) Judgment Md. Joynul Abedin J.- This Rule calls in question the order dated 7.2.1989 passed by the learned District Judge, Dinajpur in Miscellaneous Case No. 36 of ......rder as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ......R (2001) 80. ..

Category: Procedural Law | Date: | Hits: 78

Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)

....ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ......ision No. 681 of 1986. Judgment Md. Abdur Rashid J. - This Rule was obtained by the judgment-debtor upon making an application under section 115 of the Code of Civil Procedure against order No.91 dated.13-09-86 passed by the executing Court, Subordinate Judge and Commercial Court No.......Ali, Advocate—For the Petitioner. MMA Azim Khair, Advocate— For the Opposite Party. Civil Revision No. 681 of 1986. Judgment Md. Abdur Rashid J. - This Rule was obtained by the judgment-debtor upon making an application under section 115 of the Code of Civil Proced...... also Reported in: 53 DLR (2001) 78. ..

Category: Civil Law | Date: | Hits: 82

Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

...., we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ...... AM Mahmudur Rahman J.- The petitioner by this petition filed under Articles 102(1) and 2(a) of the Constitution prays for issuance of a Rule Nisi upon the respondents to show cause as to why the order dated 23-6-98 imposing the supplement duty at the rate of 40% on the basis of the proposed bud...... Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ......76. ..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ......t-in-opposition by respondent No. 2 it has been stated that low lying ditches on the land of Balur Math area in section 12 Block-‘E’ were covered up by earth filling work by engaged contractor in order to improve the land for allotment in connection with Rupnagar site and services and Extension ......e result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ......upreme Court High Court Division (Special Original Jurisdiction) Present: SAN Mominur Rahman J Md Abdul Quddus J Aleya Begum and others…………...Petitioners Vs. Bangladesh and others…………..Respondents Judgment Octobe..

Category: Property Law | Date: | Hits: 60