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Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491....... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491.......Court Division (Special Original Jurisdiction) Present: Md. Anwarul Haque J SAK Md. Dabirush Shan J Wing Commander M Hamidullah Khan Bir Protik………………………Petitioner Vs. Bangladesh and others………………………..Respondents Judgment November 2, 2010......ed to point out that in the context of first amendment when it has been incorporated in the Constitution Amendment Bill to the effect that the bill seeks to amend the Constitution so as to enable the State to make laws to provide for trial of persons accused of committing genocide, crimes against hu..

Category: Constitutional Law | Date: | Hits: 314

Babu Khan Vs. State, 2003, 32 CLC (HCD)

....ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547.......ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547.......ision (Criminal Appellate Jurisdiction) Present: Amirul Kabir Chowdhury J AFM Ali Asgar J Babu Khan...............................................................Convict Appellant Vs. State.......................................................................Opposite Party ...... (Criminal Appellate Jurisdiction) Present: Amirul Kabir Chowdhury J AFM Ali Asgar J Babu Khan...............................................................Convict Appellant Vs. State.......................................................................Opposite Party Judgme..

Category: Criminal Law | Date: | Hits: 123

Principal, Barguna Darul Ulum Nesaria Alia Madrasha Vs. Secretary, Ministry of Health and others, 2002, 31 CLC (HCD)

....py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 542.......adesh Ltd. and others, 53 DLR 9; Burmah Eastern Ltd. Vs. Burmah Eastern Employees Union and others, 18 DLR 709. Lawyers Involved: Abdul Quyum, Advocate—For the Petitioner. Mosammat Suriya Begum, Advocate—For the Opposite Parties. Civil Revision No.79 of 2000. Judgment AKM Shaf......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: AKM Shafiuddin J Principal, Barguna Darul Ulum Nesaria Alia Madrasha……………………….Petitioner Vs. Secretary, Ministry of Health, represented by the Civil Surgeon Barguna and others………...... capable of having a right and an obligation. It, therefore, follows that only a juristic person can maintain a suit in a Court of law. Bangladesh is a juristic person. It is so, by being a Sovereign State. International Community has admitted her into the community of nations as an international pe..

Category: Procedural Law | Date: | Hits: 146

GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)

....9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......laintiff-Respondents Judgment June 10, 2010. Result: The appeal is allowed in part. Cases Referred to- Maria Keshi D' Rozaria Vs. Hassan Movies Ltd., 41 DLR (AD) 35; Kalu Mondal Vs. Begum Fazilatun Neassa, 46 DLR (AD) 53; Bulbul Begum Vs. Mohd Sanwar Belal, 8 MLR (AD) 193; Nurul Is......93.......9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493...

Category: Tenancy Law | Date: | Hits: 190

Mohammad Selim Vs. State, 2012, 41 CLC (AD)

.... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:...... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:......dra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Selim………………………..Petitioner Vs. The State................................Respondent Judgment November 12, 201......a J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Selim………………………..Petitioner Vs. The State................................Respondent Judgment November 12, 2012. Resul..

Category: Criminal Law | Date: | Hits: 98

Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)

.... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......vil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Mamun Akbar........................Petitioner Vs. The State and another..........Respondents Judgment November 8, 2012. R......sent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Mamun Akbar........................Petitioner Vs. The State and another..........Respondents Judgment November 8, 2012. Result: Th..

Category: Criminal Law | Date: | Hits: 90

State Vs. Md. Kamal Uddin alias Pichchi Kamal, 2012, 41 CLC (AD)

....legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......r Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J The State..........................................Petitioner Vs. Md. Kamal Uddin alias Pichchi Kamal.....Respondent Judgment October 14, 2012. ...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J The State..........................................Petitioner Vs. Md. Kamal Uddin alias Pich..

Category: Criminal Law | Date: | Hits: 119

Additional Deputy Commissioner (Rev.) Rangpur and another Vs. Amir Husain and others, 2012, 41 CLC (AD)

....h the impugned judgment and order passed by the High Court Division is liable to be set aside”. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in:......h the impugned judgment and order passed by the High Court Division is liable to be set aside”. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in:......r Sinha J Md. Abdul Wahhab Miah J Madam Justice Nazmun Ara Sultana J Muhammad Imman Ali J Additional Deputy Commissioner (Rev.) Rangpur and another.......Petitioners Vs. Amir Husain and others........................................Respondents Judgment ...... and how he is in possession in the suit land. The plaintiff submitted written objection on 13.12.1992. Thereafter, the Government started another case claiming the property under section 92Ka of the State Acquisition and Tenancy Act consequently the plaintiff had to file a suit being No.33 of 1995 ..

Category: Property Law | Date: | Hits: 181

Administrative Officer, Hou­sing Settlement, Chittagong & others Vs. Abdur Rashid Chowdhury and others, 2011, 40 CLC (HCD)

....et aside. The suit is dismissed without any order as to costs. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 479.......azette notification show­ing acquisition of the suit land by Government vide LA Case No.41/3 of 1960-61. There was no exhib­it as exhibit-8. Exhibit-9 is a certificate issued in favour of Hosne Ara Begum without mentioning any plot number. Exhibit-10 is a copy of electric bill paid on 16-8-2000 by......(Civil Appellate Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Administrative Officer, Hou­sing Settlement, Chittagong & others……………….Defendant-Appellants Vs. Abdur Rashid Chowdhury and others................Respondents Judgment May 10, 2011. ......et aside. The suit is dismissed without any order as to costs. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 479...

Category: Property Law | Date: | Hits: 118

Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)

....Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacat­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacat­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ...... 471. ......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Quamrul Islam Siddiqui J JBM Hassan J Shahidul Islam…………………………Petitioner Vs. State and another…………………………Opposite parties Judgment March 16, 2011. Re..

Category: Procedural Law | Date: | Hits: 114

Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)

....er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......…………………Opposite party Judgment February 14, 2011. Result: The rule is made absolute. Lawyers Involved: Md. Khalilur Rahman, Advocate - For the Petitioner. Yesmin Begum Bithi, Advocate - For the State. Criminal Revision No.1062 of 2007. Judgment Salma M......452. ......preme Court High Court Division (Criminal Revisional Jurisdiction) Present: Salma Masud Chowdhury J Dr. Md. Rahmat Ali………………………Convict-Appellant Plaintiff Vs. State……………………Opposite party Judgment February 14, 2011. Result: The rul..

Category: Criminal Law | Date: | Hits: 87

Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)

....ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449.......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449.......3 DLR (HCD) (2011) 449.......pposite Party Nos. 1 and 2 as pre-emptor brought Miscellaneous Case No.59 of 1993 before the Senior Assistant Judge, Shyam Nagar, Satkhira seeking pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act claim­ing themselves to be co-sharers to the case holding by inhe..

Category: Property Law | Date: | Hits: 79

Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)

....aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......(2003) 517.......ccordance with the above it needs to be said that it has been settled by now in several decisions that the provisions of section 26F of the Bengal Tenancy Act are similar to that of section 96 of the State Acquisition and Tenancy Act. Therefore, agreeing with the view taken in the aforesaid case it ..

Category: Property Law | Date: | Hits: 132

Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)

....ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515.......ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515....... 55 DLR (HCD) (2003) 515....... the Code of Civil Procedure (for short The Code) against an order passed in a proceeding laid under Order IX, rule 9 of the Code springing out of Pre‑emption case presented under section 96 of the State Acquisition and Tenancy Act (hereinafter referred to as The Act) is tenable in law. 2. Ques..

Category: Procedural Law | Date: | Hits: 104

Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)

....lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ...... This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......HCD) (1992) 371. ......5. 6. 7 and served a notice on 3.8.89 upon respondent No.2 asking him to call a meeting of the Company. Respondent No.2 refused to call meeting of the Company in order to discuss the matters as Stated in the said notice. Instead, he served a notice dated 16.8.89 convening a meeting of the comp..

Category: Company Law | Date: | Hits: 225

Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)

.... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ......f Home Affairs, the Inspector General of Prisons, Dhaka Central Jail and Deputy Inspector General of Prisons, Rajshahi Central Jail, to show cause why they shall not be directed to produce the detenu Begum Momata Wahab, wife of Mr. MA Wahab, before this court so that this Court may satisfy itself th......eme Court High Court Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Naimuddin Ahmed J Hasina Karim…………………….Petitioner. Vs. The People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affair...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ..

Category: Constitutional Law | Date: | Hits: 299

Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)

....herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......rt Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J AM Mahmudur Rah­man J Dr. MB Rahman…………………………………………Petitioner Vs. Deputy Commissioner of Taxes………………….Respondents Judgment July 15, 1986. ......ax Act, 1922 has entrus­ted to the Income-tax Officer the decision of, the facts and the law to decide whether the provisions of section 34 are applicable in a particular case. The exigencies of the State require that there should be a tribunal to expeditiously and at a small expense decide questio..

Category: Fiscal/Taxation Law | Date: | Hits: 170

Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)

....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ...... (Chittagong Bench) (Criminal Revisional Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Abdul Jalil J Musa Bin Shamsher..................................Petitioner Vs. Ansarul Huq Ansari & others.........................Opposite-Parties Judgment May 1...... Cases Referred to- Nasiruddin Mahmud and others Vs. Momtazuddin Ahmed and another, 36 DLR (AD) 14; Bhuban Mohan Das Vs. Surendra Mohan Das, AIR 1951 Calcutta (FB) 69; Velji Raghavji Paten Vs. The State of Maharashtra, AIR 1965 (SC) 1433; N. Mahmud Vs. M. Ahmed 36 DLR (AD) 14; Cox Vs. Hickman (18..

Category: Criminal Law | Date: | Hits: 362

Abdul Mannan and others Vs. Government of the Peo­ple's Republic of Bangladesh & others, 1986, 15 CLC (HCD)

....i­nable. In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 19. ...... order dated 22.09.1985 passed by the learned Additio­nal District Judge, Noakhali, in Miscellaneous Appeal No.169 of 1984, affirming the order dated 23.08.1984 passed by the learned Upazila Munsif, Begumganj, in Title Suit No.66 of 1984 appointing receiver in respect of the suit pro­perty at the ......ench) (Civil Revisional Jurisdiction) Present: Nurul Huque Bhuiyan J Abdul Mannan and others……………………………………………………….….………….Petitioners Vs. Government of the Peo­ple's Republic of Bangladesh & others…………….Opposite-Part......i­nable. In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 19. ..

Category: Procedural Law | Date: | Hits: 139

Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chow­dhury and others, 1992, 21 CLC (HCD)

....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535....... Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Md. Sirajul Islam J Dr. Md. Mahiuddin..............................Petitioner Vs. Dr. Hasanuzzaman Chow­dhury and others ................................Opposite‑parties....................Petitioner Vs. Dr. Hasanuzzaman Chow­dhury and others ................................Opposite‑parties Judgment March 29, 1992. Cases Referred to- State Vs. Miah Abbas Ahmed, PLD 1989 (Lah) 377; AIR 1958 (SC) 538; MV Rajwade Vs. Dr. SM Hassan &..

Category: Criminal Law | Date: | Hits: 131