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...................Respondents
Judgment
January 19, 2012.
Result:
The Rule is made absolute.
Lawyers Involved:
Manzill Murshid, Advocate - for the petitioner.
A. B. M. Altaf Hossain, Deputy Attorney General with Yehida Zaman, Assistant Attorney General - for the Respondent.
Writ ......erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
......espondents
Judgment
January 19, 2012.
Result:
The Rule is made absolute.
Lawyers Involved:
Manzill Murshid, Advocate - for the petitioner.
A. B. M. Altaf Hossain, Deputy Attorney General with Yehida Zaman, Assistant Attorney General - for the Respondent.
Writ Petition No. 959...... stopped. No. 3 incident occurred recently, but the orders from the DC, went down very sharply and adequately to ensure necessary steps against the concerned people. Duty to enforce law lies with the Police Department/RAB-12, and they have executed orders issued by DC, and are still pursuing their d..
Category: Property Law | Date: | Hits: 159
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....a Sultana, Advocates—For the Petitioner. AF Hasan Ariff, Attorney‑General, with AJ Mohammad Ali, Additional Attorney‑General, Fida M Kamal, Additional Attorney‑General, Adilur Rahman Khan, Deputy Attorney‑General, Zaman Akhter Bulbul, Assistant Attorney-General, Karunomy Chakma, Assista......eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......: MI Farooqui, Senior Advocate with M Saleem Ullah (in person) M Mohsen Rashid, Ruhul Quddus, Md. Abdul Mannan Khan and Rezia Sultana, Advocates—For the Petitioner. AF Hasan Ariff, Attorney‑General, with AJ Mohammad Ali, Additional Attorney‑General, Fida M Kamal, Additional Attorney‑Ge...... 5. Contempt provision which was made earlier should be restored. 6. Activities of the summary trial Courts should be strengthened. 7. The Election Commission must monitor and ensure that the Police should exercise its power given in Article 87A of the Representation of the People Order, 197..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ..Category: Civil Law | Date: | Hits: 129
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
....istributed duties to them which continued until 10‑00 AM on 17‑3‑1990. On return of the Director from Chittagong on 17‑3‑1990 he hurriedly formed a surveillance team with Mr. Sukumar Dewan, Deputy Director and engaged Assistant Director Mr. Sadek in charge of collecting news from T & T......the aforesaid Jail Appeal. The reference and the appeal have been heard together and this judgment would govern them both. 2. On the basis of a forwarding dated 31‑3‑1990 by one SM Nizamuddin, Inspector, Narcotics Control Directorate, West Circle, Dhaka Metro Sub Zone. CR Case No.91 A3 of 199......the Jail Appeal is dismissed with the modification. Lawyers Involved: Serajul Huq with Anisul Huq and Tawfika Karim, Advocates ‑ For the Condemned Prisoner. SA Hasan, Assistant Attorney‑General ‑ For the State. Death Reference No.38 of 1991 with Jail Appeal No.2197 of 1991. Jud......ught to Narcotics Control Room at 41, Segunbagicha. Thereafter on production before the Magistrate a remand for 7 days was prayed for but allowed for 3 days only and in the night he was kept at Ramna Police Station. On 1‑4‑1990 he was interrogated and in the course of interrogation the name of o..Category: Criminal Law | Date: | Hits: 164
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......Kohli Vs. The State, AIR 1967 Cal. 460. Lawyers Involved: Rafiqul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants. A.W. Bhuiyan, Additional Attorney-General instructed by A.W. Mallik, Advocate-on-Record -For the Respondent No.1 (State). Rafiqur R......he property when called for, in addition to or independent of the forfeiture of his bond under section 514 of the Code of Cr P. 2. The appellant lodged a First Information Report with the Kachua Police Station against respondent No.2 alleging that the latter had stolen away his tractor whereupo..Category: Criminal Law | Date: | Hits: 111
Abdul Gafur Sarder and another Vs. State and another, 1982, 11 CLC (AD)
....ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ......ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ...... 1982. Result: The appeal is allowed. Lawyers Involved: Abdul Malek Ukil, Advocate, instructed by A. Backkar, Advocate-on-Record - For the Appellants. A.W. Bhuiyan, Additional Attorney-General instructed by A.W. Mallik, Advocate-on-Record - For the Respondent 1. Criminal Appeal No.......ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ..Category: Criminal Law | Date: | Hits: 97
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
.... 26 DLR 133 Govinda Shed Jamadar Vs. State (1975) 27 DLR 67. Lawyers Involved: Latifur Rahman, Advocate, instructed by Abdur Rab-2, Advocate on Record-For the Appellant. Sultan Hossain Khan, Deputy Attorney-General instructed by B. Hossain, Advocate on Record-For the Respondent No.1. Mai......nda Shed Jamadar Vs. State (1975) 27 DLR 67. In both cases a large number of decisions have been considered and the law enunciated. In the case of Abdur Rah the withdrawal was sought by the Court Sub-Inspector upon a direction of the Superintendent of Police and the opinion of the public Prosecutor,......nda Shed Jamadar Vs. State (1975) 27 DLR 67. Lawyers Involved: Latifur Rahman, Advocate, instructed by Abdur Rab-2, Advocate on Record-For the Appellant. Sultan Hossain Khan, Deputy Attorney-General instructed by B. Hossain, Advocate on Record-For the Respondent No.1. Mainul Hossain, Adv......onsideration of this appeal. 2. The facts leading to the appeal are, that the appellant, a cousin of deceased Montazur Rahman Chowdhury lodged a first information report on 19-9-1974 at Biswannath Police Station, alleging that the accused named therein abducted and murdered Montazur Rahman Chow..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......; Inland Revenue Commissioner Vs. Hanry Ansbacher & Co., (1962) 3 All ER 843; National Bank of Pakistan Vs. Fasihuzzaman, PLD 1964 KAR-92. Lawyers Involved: A.W. Bhuiya, Additional Attorney-General, B. Hossain, Assistant Attorney General with him instructed by A. W. Mallik, Advocate-on-Rec...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....rative Action, 4th Edition 584; Groenvelt Vs. Burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrate Court ex p Rowlands, 1998 QB 110; R Vs. Wandsworth JJ ex parte Read, 1942 1KB 281; Leech Vs. Deputy Governor of Parkhurst Prison, 1988 AC 533; R Vs. Reading Crown Court ex p Hutchinson, 1988 QB...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......, 1988 QB 384; R Vs. Devizes Justices ex p Lee; DPP Vs. Head, 1959 AC 83; R Vs. Smith, 1984 Cr.L.R. 630; R Vs. Oxford Crown Court ex p Smith, 1989 2 Admin Law Report; Boddington Vs. British Transport Police; R Vs. Chief Constable of Merseyside ex p Calveley, 1986 Q.B. 424; State of Hariana Vs. Bhaja..Category: Criminal Law | Date: | Hits: 133
.... No.27 of 1972) the Government is pleased to place M/s. Mohammad Masood Reza & Co. Dacca under the Bangladesh Steel Mills Corporation.
BY order of the President
Sd/- S. K. Safiuddin
Deputy Secretary."
4. On representations by the respondents No.1 to 3 the Ministry of Industries ......any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......ior Advocate, with M. Nurullah, Advocate, Mahmudul Islam, Advocate, instructed by Abu Backkar, Advocate-on-Record-For the Respondent Nos. 1-3 (In Civil Appeal No. 36 of 1976).
K. A. Bakr, Attorney-General, with A.W. Bhuiyan, Assistant Attorney-General, instructed by M. R. Khan, Advocate-on-Record......any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....st of removal of any structure erected or of any improvement effected on such land at the expense of the tenant or on other accounts not being the value of the land as may be [determined by the Deputy Commissioner in the prescribed manner]." 6. According to the learned Counsel if the leas......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..Category: Property Law | Date: | Hits: 103
....mely Goarashal, Bhagdi, Paksachar Ghorashal, Gagia, Char Palash, Atia, Khagair and Palash. That subsequently the Thana Nirbahi Officer, Palash for the reasons best known to him sent a proposal to the Deputy Commissioner, Narsingdi for curtailing said Khanepur Mouza from Charsindur Union without pub......ion made by Mr. Afric."
Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner.
The petition is dismissed.
Ed.
This Case is also Reported in: ......law and arrived at a finding that:
"In the instant case it appears, from the facts as placed by the Writ Petitioner and also from the relevant Government file placed by the learned Deputy Attorney General, that initially by the notification contained in SRO No.79 dated 13.5.1998, respondent No.1 ......ation dated 2.11.1998 issued by the respondent No.1.
2. The petitioner filed the writ petition stating, inter alia, that the petitioner is the Chairman elect of the Charsindur Union Parishad under Police Station Palash, District Narisingdi and is representing the inhabitants and voters of the sai..
Category: Election Law | Date: | Hits: 190
Government of Bangladesh Vs. Syed Md. Hyder Ali and others, 2004, 33 CLC (AD)
....iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ......iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ...... Vs. Syed Md. Hyder Ali and others………………Respondents Judgment December 1, 2004. Result: The petition is dismissed. Lawyers Involved: Fida M. Kamal, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Petitioner Amir-ul-Islam, Senior ......iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 79
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
.... Dinajpur Pourashava clearly shows that Rabiul Alam plaintiff No.1 is the owner of the house and the defendant Bidhan Kumar Deb is the occupier thereof. In addition to that Mr. Wahab submits that the Deputy Commissioner Dinajpur having held enquiry into the genuineness of the deed of exchange betwee......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......umar was obtained by intimidation, threat and coereion in abnormal situation then prevailing in the country. But on a reference to the Proclamation dated 7th of April, 1979 it appears that Lieutenant General Ziaur Rahman was elected President of Bangladesh under the Constitution held on 3rd June, 19......rsons the plaintiffs forged a power of attorney purported to have been executed by Binodi Lal Biswas in order to grab the valuable property, that after the promulgation of Martial Law in 1975 Kotwali Police having been influenced by the plaintiffs threatened the defendant with dispossession and evic..Category: Procedural Law | Date: | Hits: 74
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ...... Ajmalul Hossain, QC, Senior Advocate, ABM Siddiqur Rahman Khan, Affan Ahmed Siddiqi and Munnin Chowdhury, Advocates—For the Petitioner. SM Moniruzzaman with Kazi Zinat Haque, Assistant Attorney Generals—For the Respondent No.1. Writ Petition No. 4968 of 2007. (The above judgment has b......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ..Category: Fiscal/Taxation Law | Date: | Hits: 181
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ..Category: Labour and Industrial Law | Date: | Hits: 201
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....khatian has created cloud in the title and possession of the plaintiff over suit land. Having learned about the wrong MRR Khatian on 2-3-1981 the plaintiff preferred appeal in the Court of additional Deputy Commissioner, Revenue but the defendant No. 1 fraudulently concealed the said appeal and thus......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ..Category: Property Law | Date: | Hits: 88
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....nvolved: Abu Bakar Siddique, Advocate - For the Petitioner. Anisul Haque, Advocate with Ramzan Ali Shikder and Abu Khaled-al-Mamun, Advocates - For Opposite Party No. 1. Zahirul Hoque Zahir, Deputy Attorney General - For Opposite Party No. 2. Criminal Miscellaneous Case No. 560 of 2006. ......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......Bakar Siddique, Advocate - For the Petitioner. Anisul Haque, Advocate with Ramzan Ali Shikder and Abu Khaled-al-Mamun, Advocates - For Opposite Party No. 1. Zahirul Hoque Zahir, Deputy Attorney General - For Opposite Party No. 2. Criminal Miscellaneous Case No. 560 of 2006. Judgment M......om Public Bank Ltd, Tetibazar Branch, Chittagong mortgaging the case land. 3. The Chief Metropolitan Magistrate, Chittagong hearing the first party, by an order dated 17-5-1997 directed the Bandar Police Station to enquire into the matter and submit its report. Bandar Police concluding investigat..Category: Criminal Law | Date: | Hits: 122
Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)
....le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119...Category: Fiscal/Taxation Law | Date: | Hits: 143
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....fining Company Ltd. Vs. Irving, (1905) Appeal Cases 369. Lawyers Involved: Ahmed Sobhan, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record-For the appellant. Sultan Hossain Khan, Deputy Attorney General, instructed by S.S. Huda, Advocate-on- Record-For the Respondent. Crimi......-1974 the appellants can be tried by the Special Tribunal under the Special Powers Act (Act XIV of 1974 hereinafter called the Act) which came into force on 9-2-1974. 2. The facts are that a Sub-Inspector of Police named Abdur Razzaque, attached to Police Station Kotwali, Dacca lodged a first......Tribunal having taken cognizance of the offences on the said charge-sheet acted without jurisdiction. 4. In reply to the argument advanced by appellant’s Counsel, the learned Deputy Attorney-General argued that if the offences in respect of which the charge-sheet has been submitted against ......ellants can be tried by the Special Tribunal under the Special Powers Act (Act XIV of 1974 hereinafter called the Act) which came into force on 9-2-1974. 2. The facts are that a Sub-Inspector of Police named Abdur Razzaque, attached to Police Station Kotwali, Dacca lodged a first informatio..Category: Criminal Law | Date: | Hits: 76
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