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Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
....atutory right o pre-emption of the pre-emptor. He lastly submits that considering the evidence on record both the Courts below allowed the miscellaneous case and that as such, this Court exercising power under section 115(1) of the Code should not interfere with the concurrent findings of facts ar......oners Vs. Mothaharuddin Miah being dead his heirs: Marzan Gouch and others…………..Opposite Parties Judgment May 22, 2006. Result: The Rule is made absolute. Case referred to- Rafiqul Islam (Md.) Vs. Mir Abdul Ali, 44 DLR (AD) 176. Lawyers Involved: Khan Saifur R......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ..Category: Property Law | Date: | Hits: 38
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
.... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ...... The State…………………………………………………………………………..Respondent Judgment November 28, 2006. Result: The appeal is allowed. Cases Referred to- State Vs. Azahar Gazi, 23 DLR 32; Abdul Aziz Vs. Sekandar Ali, 50 DLR 111; Siraj Vs. Crown, 9...... to the effect that they have last seen the deceased Haider Ali Sheikh with the accused-appellant the Court has inflicted a moral conviction totally based on surmises and conjectures. Mr. Faiz empathically argues that the law is very much specific that when a conviction has to be given only on the b...... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ..Category: Criminal Law | Date: | Hits: 43
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....fact, this jurisdiction is not an alternative one nor an additional but it is a jurisdiction preserved in the interest of justice to redress grievances where no other procedure is available. This power cannot be so utilized as to interrupt or divert the ordinary course of Criminal Procedure as l......………………Accused-Petitioner Vs. State and another………………………Opposite-Parties Judgment February 22, 2012. Result: The Rule is discharged. Cases Referred to- Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16; Habibur Rahman Molla Vs. State,...... Mahtab, Advocate - For the Opposite-Party No.2. Criminal Revision No.925 of 1993. Judgment Md. Anwarul Haque J.- This Rule, under section 561A of the Code of Criminal Procedure was issued calling upon the opposite-parties to show cause as to why the Special Case No.27 of 1993 arising out......is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ..Category: Procedural Law | Date: | Hits: 59
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....arlier or the claim on which the action may be based on an anterior date. 33. In this context we feel inclined to record an observation that even in the absence of a provision in procedural laws, power inheres in every Tribunal/Court of a judicial or quasi judicial character to adopt modalities ...... Md. Nur Hossen…………………….Appellant Vs. The State……………………..Respondent Judgment September 20, 2007. Result: The Appeal is dismissed Cases Referred to- Shadhu Miah and others Vs. The State with Md. Abdul Karim and others Vs. The State, BCR 2005 ......no illegality has been committed by the impugned judgment and order of conviction and sentence. 14. In the face of arguments advanced by the learned Advocates of the contending parties, we are now called upon to scrutinize the material evidence in order to come to a proper decision in this appeal......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ..Category: Criminal Law | Date: | Hits: 77
Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)
....missed. 5. Mr. Khan Saifur Rahman, the learned Advocate appearing on behalf of the opposite party No.2, on the other hand, submits that section 205D(2) of the Code of Criminal Procedure gave ample power to the learned Court below to accept or admit the appeal filed by the complainant. The learned......………………Accused-Petitioners Vs. State and another……………………………Opposite Parties Judgment May 7, 2006. Result: The Rule is discharged. Cases Referred to- AIR 1965 (SC) 1142; AIR 1971 (SC) 1283; 17 DLR (SC) 192. Lawyers Involved: Khondker Mah......igation by the police is in progress in relation to the offence which is the subject matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation. (2) If a re...... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ..Category: Criminal Law | Date: | Hits: 39
....ct is mainly in liquidation of rent receiving interests of land-lords. The main principle on which this statute was promulgated from a socialist point of view, and egalitarian outlook. Section3 (1) empowers the Government to acquire all rent-receivers ‘rent-receiving interests by notifications. Re......sp;Lawyers’ Association (BELA)………Appellant (In Civil Appeal No.253 of 2009)
Anser Uddin Ahmed and others…………………Appellant (In Civil Appeal No.254 of 2009)
Managing Director, Metro Makers and Developers Limited………………..Appellant (In Civil Appeal No.255 of 200......(MMT) and also started through regular media advertisement offering to sell housing plots in the said projects. RAJUK did not prevent the said development project of the MMT although it has categorically rejected its prayer by its letter dated 29thJuly, 2003 to approve the project on the ground th......wer in a lease, enabling the lessor to resume “possession of any portion of the premises demised”, enables him to resume all (Liddy Vs. Kennedy), L.R.5 H.L. 134). So, a notice of an extraordinary meeting (Companies Clauses Consolidation Act 1845 (c.16), s. 70 –see Companies Act 1948 (e.38), Sc..
Category: Environmental Law | Date: | Hits: 434
Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
.... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ......ent August, 19, 2009. Result: The Rule is made absolute in part. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the petitioner. SK. A.K.M. Moniruzzaman Kabir, Assistant Attorney-General - For the opposite party. Criminal Miscellaneous Case No.15321 Of 2005. Judgme...... opposite party. Criminal Miscellaneous Case No.15321 Of 2005. Judgment Khondker Musa Khaled J.- On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite party to show cause as to why the proceedings of G.R Case No.83 of 2003 ar......0/-. But he did not pay any amount of money within the stipulated period. Subsequently in the month of November, 2001, due to the pressure of the local people, the accused No.1 had to sit in a Salish meeting and he was compelled to pay an amount of Tk. 50,000/- and it was promised that the remaining..Category: Criminal Law | Date: | Hits: 62
Millan Miah and another Vs. State, 2012, 41 CLC (AD)
....ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......ers Involved: Muhammad Nazrul Islam, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioners. Not represented-For Respondent. Criminal Petition for Leave to Appeal No.178 of 2009. (From the judgment and order dated 27th July, 2008 passed by the High C......al. Thereafter, he transmitted the case to the Additional Sessions Judge, Rangpur for trial. 6. The prosecution examined 12 witnesses who were cross examined by the defence and the defence did not call any witness. 7. After closing of examination of the prosecution witnesses, the accused per......ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ..Category: Criminal Law | Date: | Hits: 60
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
.... than one service of the summons shall be made on each defendant. 25. Rule 12 postulates that wherever it is practicable, service shall be made on the defendant in person, unless he has an agent empowered to accept service in which case service on such agent shall be sufficient. 26. Rule 15 en......………Petitioners Vs. Md. Shafiullah Patwari and others…………………………Opposite Parties Judgment April 29, 2007. Result: The rule is disposed of. Cases Referred to- Upendra Chandra Rishi Vs. Sufia Begum, 42 DLR (AD) 285; Bangladesh Vs. Chand Mia, 44 DLR (AD)......ut forward a case that he was not aware of Pre-emption proceeding as well as ex pane order of Preemption against him and he became aware of ex parte order on 1-4-1995. P.W.3, though, did not specifically mention the date when Monu Mia informed of pre-emption of land by Lutfe Alam (Lutfor Rahman pr......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ..Category: Property Law | Date: | Hits: 64
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
.... preference or fear or favour ............. This desire for impartiality is reflected in the Constitutional position of the Judges. In line with Mostesquie’s classic exposition of the separation of powers, the Judiciary occupy a situation apart from the legislative and executive arms of the State ......Cabinet Division, Bangladesh Secretariat, P.S. Shahbag, District: Dhaka and others…..............Respondents Judgment June 15, 2011. Result: The Rule is made absolute. Cases Referred to- Bihar Vs. Subhash Singh AIR 1997 S.C.1390; Marbury Vs. Madison 1803;Khandakar Ehteshamuddin A......Altaf Hossain, Deputy Attorney General-For the Respondents. Writ Petition No.2427 of 2011. Judgment AHM Shamsuddin Choudhury J. -The Rule was issued on following terms; “Let a Rule Nisi calling upon the respondents to show cause as to why a direction should not be given upon the respon......amendment to the Supreme Court Judges (Leave, Pension and Privilege) Ordinance 1982 and the Supreme Court Judges (Remuneration and Privilege) Ordinance 1978. 9. The matter was discussed in the 7th meeting of the Parliamentary Standing Committee, held on 7.5.2009, and a sub committee was formed, c..Category: Constitutional Law | Date: | Hits: 413
....body does not contain any specific allegation of fraud, is not entertainable and liable to be rejected [reliance placed on 14 MLR (AD) 401, para-8]. It has also been settled that the authority has no power under rule 42A of the Tenancy Rules to amend or set aside judgment of Settlement Officer passe......eople’s Republic of Bangladesh and others ................Respondents (In both the writ petitions)
Judgment
November 5, 2012.
Result:
Both the Rules are made absolute.
Cases Referred to-
14 MLR (AD) 401, para-8; 11MLR (HC) 256.
Lawyers Involved:
Mrs. Nahid Yesmin, Advocate-......orrection of such entry that has been procured by fraud, and after consulting relevant records and making such other inquires as he deems necessary. Therefore, unless an allegation of fraud is specifically disclosed in the application or in the official report the Revenue Officer will not proceed un......clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 65
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......….Opposite party Judgment May 24, 2010. Result: The rule is made absolute. Lawyers Involved: Md. Mahbub Ali, Advocate - For the petitioner. K.M. Masud Rumy, Assistant Attorney-General with Mrs. Yeasmin Begum Bithi, Assistant Attorney-General - For the opposite party. &......us Case No. 5224 of 2007. Judgment Md. Rezaul Hasan J.- This rule under 561A of the Code of Criminal Procedure has been issued at the instance of the accused petitioner Md. Golam Mostofa (Bitu) calling upon opposite Party to show cause as to why the proceedings against the petitioner in Specia......tted by an applicant for loan, is to be forwarded to the Bank's Head Office through the Branch Manager. A committee of the Head Office will then scrutinize the proposal and may, if finds the proposal meeting the required criterion, forward the same to the CEO or the Managing Director with recommenda..Category: Criminal Law | Date: | Hits: 97
M/s. Sonali Agency Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
.... also told that said assessment was not reopened under section 93 of the Ordinance by the Deputy Commissioner of Taxes. In the circumstances, we find the Inspecting Additional Commissioner has got no power to issue such notice under section 120 of the Ordinance for revision of the assessment as was ......ion) Present: Mohammad Abdur Rashid J Md. Miftah Uddin Choudhury J M/S. Sonali Agency, having address at 356, Jamal Khan Road, P.S. Kotwali, District-Chittagong, represented by its Proprietor Khalil Ahmed………………….Petitioner Vs. The Chairman, National Board of Revenue a......ll be sought in any civil Court to set aside or modify any assessment made under the Ordinance. 12. Section 120 clearly provides, amongst other, that the Inspecting Joint Commissioner of Taxes may call for from the Deputy Commissioner of Taxes and examine the record of any proceeding under this O...... to have been made without any lawful authority and as such, is of no legal effect and accordingly, quashed. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 313. ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......…….........Petitioners Vs. Bangladesh and others……………………………..Respondents Judgment August 2, 2012. Result: Both the Rules are discharged. Cases Referred to- Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 53 DLR (AD) 70; Khorshed Al......sly with Writ Petition No.9390 of 2010 and the issues involved in both the writ petitions are related to the affairs of National Association of Small and Cottage Industries of Bangladesh (hereinafter called NASCIB), these two writ petitions have been heard analogously and are being disposed of by on...... the Administrator and directed him to hold the election within six months and handover charge to the newly elected committee. 7. Respondent No.1 has further contended that as a matter of fact, no meeting of the executive committee was ever held for constitution of the Election Board, and no vote..Category: Civil Law | Date: | Hits: 114
Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....e of action for filing the present writ petition and the subject matter is different. 11. The Chairman of National Housing Authority being respondent No.3 appeared in the writ petition by filing a power, but did not file any affidavit-in-opposition and as such learned Assistant Attorney General M......……..Respondents Judgment July 25, 2012. Result: The Rule is disposed of. Lawyers Involved: Kazi Rezaul Hossain, Advocate-For the petitioners. S.M. Quamrul Hasan, Assistant Attorney General-For respondent No.3. Muntasir Uddin Ahmed, Advocate-For respondent Nos.7 (a)-(e). ......directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......is father Sader Uddin died in 1993 he made an entry of his name along with other successors of his father in the award book. 5. The petitioners further contended that the Government in its cabinet meeting held in May, 1976 had decided to give allotment of rehabilitation plots to those whose land ..Category: Property Law | Date: | Hits: 82
Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)
....or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ......5. Result: The appeal is dismissed with modification of the impugned Judgment. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Appellant. Md. Faisal Hossain Khan, Deputy Attorney-General with Parvin Hannan, Assistant Attorney-General - For the Respondent. Criminal Appe......he impugned Judgment and order. 9. In order to appreciate the above submissions of the learned counsels for both the sides let the evidence on record be discussed, considered, scrutinized and critically analysed. 10. P.W.1 and P.W.8 S.I. Mosharraf Hossain, the informant and the investigating o......or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ..Category: Criminal Law | Date: | Hits: 69
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ......……………………………………….Respondent Judgment March 14, 2006. Result: The appeal is allowed. In a criminal case, the prosecution can call upon the court to record its verdict of guilty only when it has proved its case by cogent and legal evidence. Suspi......………………………………………………………….Respondent Judgment March 14, 2006. Result: The appeal is allowed. In a criminal case, the prosecution can call upon the court to record its verdict of guilty only when it has proved its case by cogent and l......urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ..Category: Criminal Law | Date: | Hits: 76
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
....ear that p.ws. 10, 17 and 25 were examined at the instance of the learned Additional Sessions Judge, and of them p.ws.10 and 17 on being re-called. Section 540 of the Code of Criminal Procedure has empowered a court to summon any person as a witness, or examine any person in attendance, though not s......dgment July 3, 2005. Result: The Appeal is allowed. Lawyers Involved: Khandakar Saiful Hoque with Khalilur Rahman and Mohmud Hossain Imam-For the Appellants. Golam Kibria, Deputy Attorney-General with Monowara Khatun, Assistant Attorney-General-For Respondent. Criminal Appeal N...... before the Magistrate 1st class under section 164 of the Code of Criminal Procedure as the same were not recorded in accordance with law and further the said witnesses while deposed in court being recalled by the court did not own their said statements and, as such, the impugned judgment and order ......lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ..Category: Criminal Law | Date: | Hits: 80
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....er. Ms. Jesmin Sultana Samsad, Assistant Attorney General-For respondent Nos.1 and 4. Writ Petition No.8751 of 2011. Judgment Md. Ruhul Quddus J. - This Rule nisi at the instance of a manpower recruiting agent was issued calling in question the legality of an order passed by the Governm......………………………......Petitioner Vs. Bangladesh and others……………………....Respondents Judgment July 15, 2012. Result: The Rule is discharged. Case Referred to- Government of Bangladesh and others Vs. Md. Tajul Islam, 49 DLR (AD) 175. Lawyers Involved......Assistant Attorney General-For respondent Nos.1 and 4. Writ Petition No.8751 of 2011. Judgment Md. Ruhul Quddus J. - This Rule nisi at the instance of a manpower recruiting agent was issued calling in question the legality of an order passed by the Government in the Ministry of Expatriates......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 407
Hajee Helal Uddin Ahmed Vs. National Sports Council and others, 2012, 41 CLC (HCD)
.... an ancillary relief and it depends on success of the first part of the Rule i.e. the impugned nomination made by the National Sports Council (annex-D). The national Sports Council has got regulatory power upon all the affiliated associations including the Divisional Sports Associations under the Na...... no. 1. A. H. M. Kamruzzaman, Advocate- For added respondent no. 5. Writ Petition No.1273 of 2012. Judgment Md. Ruhul Quddus J.- This Rule at the instance of a sports organizer was issued to examine the legality of Memo No.এনএসসি/১১৯/এইচ/জেন/২০৯dated 1......Accordingly, the Rule is discharged without any order as to cost. The interim order of stay passed earlier is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......Accordingly, the Rule is discharged without any order as to cost. The interim order of stay passed earlier is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 94
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