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Abdus Sobhan Vs. Secretary, Ministry of Local Government, Rural Development and Co-­operatives and Ors., 1986, 16 CLC (HCD)

....hould be transferred is not at all the concern of the Upazilla Parishad which has its function limited to those enumerated in the Second Schedule. 7. On behalf of the respondent No. 1, the learned Deputy Attorney-General Mr. Hassan Ariff referred to Upazilla Parishad Business Rules, i.e., Rule 4(......mpugned resolution is quashed and the im­pugned order is set aside. These will be no order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 136.......rred is not at all the concern of the Upazilla Parishad which has its function limited to those enumerated in the Second Schedule. 7. On behalf of the respondent No. 1, the learned Deputy Attorney-General Mr. Hassan Ariff referred to Upazilla Parishad Business Rules, i.e., Rule 4(y) and submitted......mpugned resolution is quashed and the im­pugned order is set aside. These will be no order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 136...

Category: Administrative Law | Date: | Hits: 185

Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)

.... (FC) 69, 9 DLR 247; Ekabbar Khan and others vs. The State, 29 DLR (AD) 221. Lawyers Involved: Menhajuddin Ahmed Khan with M.A.Mannan and Md. Zahirul Huq- For the Appellants. M.Shamsul Alam, Deputy Attorney General, with Abdus Sattar Howlader- For the State. Criminal Appeal No. 65 of 198......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......247; Ekabbar Khan and others vs. The State, 29 DLR (AD) 221. Lawyers Involved: Menhajuddin Ahmed Khan with M.A.Mannan and Md. Zahirul Huq- For the Appellants. M.Shamsul Alam, Deputy Attorney General, with Abdus Sattar Howlader- For the State. Criminal Appeal No. 65 of 1985 Judgment ......the F.I.R. that there was a quarrel between deceased Kanchan and accused Mofi Howlader over boundary dispute of a hut in the Bangla Bazar and Kanchan was also sus­pected for ousting Shahjahan by the Police from a Durga Puja Man dap on 1.10.76. It was also stated that Kanchan deposed against accused..

Category: Criminal Law | Date: | Hits: 27

Md. Makbul Hossain & oth­ers Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)

....925 has held as follows:- "In order to entitle a person to come and see the proceeding before the grant of the probate, he must show that he is interested 'in the estate of the deceased.' Here the Deputy Commission­er asserts that it is not the estate of the deceased as such he cannot" come and ......ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ..

Category: Property Law | Date: | Hits: 54

Mohammod Hossain, Advocate Vs. Quamrul Islam Siddique, Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka and others, 2001, 30 CLC (HCD)

.... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 88. ...... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 88. ......pondents Judgment 24 October, 2001. Lawyers Involved: Abdur Razzaque, Advocate— For the Petitioner. M Mahamudul Islam, Advocate— For Respondent No.1. A F Hassan Ariff Attorney General— For the Government. GN Goswami, AB Majumder, Advocates—For Respondent No. 1(A). R...... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 88. ..

Category: Anti-Corruption Laws | Date: | Hits: 178

Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....Kabir Bulbul, Advocate- For the petitioner. Mahbubey Alam, Attorney General with M.K.Rahman, Additional Attorney General and Momtazuddin Fakir, Additional Attorney General and Mojibar Rahman Miah, Deputy Attorney General and Md.Motaher Hossain Sazu,Deputy Attorney General and Md.Ekramul Hoque, As......his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......ounsel and Zainul Abedin, Senior advocate and Rafiqul Islam Mia, Senior Advocate and A.M. Mahbub Uddin, Advocate and Md. Humayun Kabir Bulbul, Advocate- For the petitioner. Mahbubey Alam, Attorney General with M.K.Rahman, Additional Attorney General and Momtazuddin Fakir, Additional Attorney Gene......his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ..

Category: Property Law | Date: | Hits: 88

State Vs. Shahin and others, 2009, 38 CLC (AD)

....51; Tapinder Singh Vs. State of Punjab AIR 1970 SC 1566; Lallubhai Devchand Shah Vs. State of Gujara, AIR 1972 SC 1776; State Vs. Mukbul Hossain, 26 DLR 419. Lawyers Involved: S.M. Abdul Mobin, Deputy Attorney General, instructed by Md. Ibrahim Khalil, Advocate-on-Record- For the Petitioner. (......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ......gh Vs. State of Punjab AIR 1970 SC 1566; Lallubhai Devchand Shah Vs. State of Gujara, AIR 1972 SC 1776; State Vs. Mukbul Hossain, 26 DLR 419. Lawyers Involved: S.M. Abdul Mobin, Deputy Attorney General, instructed by Md. Ibrahim Khalil, Advocate-on-Record- For the Petitioner. (In all cases) ......ected against the judgment and order dated 30.3.2004 passed by Judge (District and Sessions Judge) Druto Bichar tribunal No.4, Dhaka in Druto Bichar Tribunal Case No.35 of 2003 arising out of Kotwali Police Station Case No.40(9)95, corresponding G.R. No. 2204 (South) of 1995 convicting the responden..

Category: Criminal Law | Date: | Hits: 33

Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)

...., District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......, District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......n and ors vs. State, 42 DLR (AD) 186; Shaharul Islam alias Green vs. State 1 BLC 524. Lawyers Involved: M Enayetur Rahim, Advocate—For the Appellants Abul Hossain Azadi, Assistant Attorney General- For the State. Criminal Appeal No. 1693 of 1996. Judgment Md. Abdul Aziz J.- This......jeep the dacoits including the appellants fled away. No name of any of the dacoits was, however, mentioned in the first information report. 3. On the said first information report the Chirirbandar Police Station Case No. 1 dated 1-7-1989 corresponding to GR No. 39 of 1989 under sections 395/397 o..

Category: Criminal Law | Date: | Hits: 83

State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)

....stam Ali and others Vs. State, 1989 BLD 477; Md Akbar Ali Vs. State, 1999 BLD 268; Anshad and others Vs. State of Karnataka, (1994) 4 Supreme Court Cases 381. Lawyers Involved: Syed Abu Kowser, Deputy Attorney-General with Fara Mahmuda Assistant Attorney-General‑ For the State. SS Sarker ......y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ......ers Vs. State, 1989 BLD 477; Md Akbar Ali Vs. State, 1999 BLD 268; Anshad and others Vs. State of Karnataka, (1994) 4 Supreme Court Cases 381. Lawyers Involved: Syed Abu Kowser, Deputy Attorney-General with Fara Mahmuda Assistant Attorney-General‑ For the State. SS Sarker Advocate‑ For ......isited the place of occurrence, held inquest on the dead body of Rajab Ali and sent the dead body to the morgue for post mortem examination PW 6 held post mortem examination and submitted his report. Police after investigation submitted charge-sheet against the accused persons and others who are pla..

Category: Criminal Law | Date: | Hits: 38

Managing Director, Rupali Bank Limited & Ors. Vs. Chairman, First Labour Court & ors., 1992, 21 CLC (HCD)

.... Scale of 1973. First party Sekendar Ali Howladar submitted a representation to the Bank authority and his case was taken up for consideration by the Bank authority who asked him to appear before the Deputy General Manager and he appeared and was asked to submit an application for his confirmation i......ufficient materials and as such the decision does not call for any interference by this court. In the result, the Rule stands discharged. Ed. This Case is also Reported in: 46 DLR (1994) 143. ......of 1973. First party Sekendar Ali Howladar submitted a representation to the Bank authority and his case was taken up for consideration by the Bank authority who asked him to appear before the Deputy General Manager and he appeared and was asked to submit an application for his confirmation in his p......ufficient materials and as such the decision does not call for any interference by this court. In the result, the Rule stands discharged. Ed. This Case is also Reported in: 46 DLR (1994) 143. ..

Category: Labour and Industrial Law | Date: | Hits: 93

Bangladesh Water Development Board Vs. Golam Robbani Khan and others, 2006, 35 CLC (AD)

....ormed by the writ petitioner and approved by the highest authority of the respondents. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 402. ......ormed by the writ petitioner and approved by the highest authority of the respondents. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 402. ......n (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Bangladesh Water Development Board, represented by its Director General, WAPDA Bhaban, Motijheel Commercial Area, Dhaka and another……………………….Petit......ormed by the writ petitioner and approved by the highest authority of the respondents. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 402. ..

Category: Others | Date: | Hits: 82

Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)

.... Involved: Md. Asaduzzaman with Syed Mahmud Hossain, Advocates—For the Petitioners in both of the Rules. KM Saifuddin Ahmad—For the Respondent No. 3 in both the Rules. Shahabuddin Ahmad, Deputy Attorney-General, with Dr Quazi Rezaul Hoque, Assistant Attorney-General—For the Respondent......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ....... Asaduzzaman with Syed Mahmud Hossain, Advocates—For the Petitioners in both of the Rules. KM Saifuddin Ahmad—For the Respondent No. 3 in both the Rules. Shahabuddin Ahmad, Deputy Attorney-General, with Dr Quazi Rezaul Hoque, Assistant Attorney-General—For the Respondent Nos. 1, 2, 4, 5......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ..

Category: Property Law | Date: | Hits: 27

Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)

....or dropped tender in first two phases. Plaintiff-petitioner and defendant-opposite-party Nos.10, 11 and 12 dropped tenders in third phase and petitioner was highest bidder quoting Taka 31, 39,901.00. Deputy Commissioner, Habiganj with a view to get more lease money, instead of accepting offers recei...... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120.......ement Trust Vs. Parkash Wanti, (1955) 5 SCC 159 (15, 24 & 29). Lawyers Involved: Shamusddin Choudhury, with Faisal Mahmud Faizee, Advocates—For the Petitioner. Mahmudul Islam, Attorney-General, with Probir Neogi, Assistant Attorney-General and M Aminuddin, Assistant Attorney-General...... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120...

Category: Property Law | Date: | Hits: 34

Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)

.... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66....... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......pplication. In the case of Conforce Limited, 1989 BLD 429=42 DLR 33, a Division Bench of the High Court Division held that in view of Article 152(2) of the Constitution read with section 3(39) of the General Clauses Act the word “person” in Article 102(2) (i) and (ii) of the Constitution would i...... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66...

Category: Business or Commercial Law | Date: | Hits: 210

Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)

.... (SC) 1984 and State of Texas vs Johnson, 491 USA 397 (1989) ref. Lawyers Involved: Maksudur Rahman, Advocate — For the Petitioner. Mahmudul Islam, Attorney-General with Shahabuddin Ahmad, Deputy Attorney-General and Bazlur Rahman Chhana, Deputy Attorney-General — For Respondent No.1. ......I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ...... AIR 1997 (Kerala) 291; AIR 1998 (SC) 1984 and State of Texas vs Johnson, 491 USA 397 (1989) ref. Lawyers Involved: Maksudur Rahman, Advocate — For the Petitioner. Mahmudul Islam, Attorney-General with Shahabuddin Ahmad, Deputy Attorney-General and Bazlur Rahman Chhana, Deputy Attorney-Ge......t enforce bundhs. As Congress and CPI (M) challenged the verdict of Kerala High Court, the apex Court issue notices to the Centre, the Election Commission, State of Kerala, Director General of Kerala Police and the institute which had moved in the High Court against general strike enforced forcibly...

Category: Constitutional Law | Date: | Hits: 216

City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)

....Survey directorate, Tejgaon, Dhaka. Writ respondent No.11 is the Director General, Department of Environment, Paribesh Bhaban, E-16, Sher-E-Bangla Nagar, Agargaon, Dhaka. Writ respondent No.12 is the Deputy Commissioner, Dhaka, Office of the Deputy Commissioner, Collectorate Building Johnson Road, D......i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. .......S.-Shahbag, Dhaka. Writ respondent No. 8 is the Secretary, Ministry of Communication. Writ respondent No.9 is the Chairman, BIWTA, 141-143 Motijheel C/A, Dhaka. Writ respondent No.10 is the Director General, Land Records Survey directorate, Tejgaon, Dhaka. Writ respondent No.11 is the Director Gene......oner, Collectorate Building Johnson Road, Dhaka. Writ respondent No.13 is the Deputy Commissioner, Narayangonj. Writ respondent No.14 is the Deputy Commissioner, Gazipur. Writ respondent No.15 is the Police Commissioner, Dhaka Metropolitan Police, Dhaka. 5. The writ petitioners sought direction u..

Category: Environmental Law | Date: | Hits: 344

Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)

....r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411.......r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411.......tory (User) Regulations, 2003 the same cannot be fixed with a retrospective effect of more than 2 years. 36. He further submits that the effect of fixing record date for the purpose of attending a General Meeting or receiving dividends is the same as a book closure with a suspended animation of t......r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411...

Category: Company Law | Date: | Hits: 191

Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)

....he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 188

Bhola Vs. State, 2001, 30 CLC (HCD)

....nal Code and sentencing them to suffer rigorous imprisonment for 30 years and to pay the fine of Taka 10,000, in default to suffer rigorous imprisonment for 5(five) years more with a direction to the Deputy Commissioner, Sherpur to realise fine from the convict persons and to pay 3/4th of the money ......mortem report and he did not mention the weapon by which the injuries were caused. He denied the defence suggestion that the post‑mortem report was not correct. 17. PW 9 Abul Hossain Khan is the Inspector of Police (Rtd.). On 15‑1‑84 he was the officer‑in­-charge of Lalitabari Police‑s......; others Vs. The State, 6 BLD (AD) 79; Mobarak Hossain Vs. The State, 1 BLD 286. Lawyers Involved: Md. Kaisar Ali, Advocate‑ For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney­-General with Md. Jalaluddin, Assistant Attorney­-General‑ For the State. Criminal Appeal No. 6...... and he did not mention the weapon by which the injuries were caused. He denied the defence suggestion that the post‑mortem report was not correct. 17. PW 9 Abul Hossain Khan is the Inspector of Police (Rtd.). On 15‑1‑84 he was the officer‑in­-charge of Lalitabari Police‑station. He re..

Category: Criminal Law | Date: | Hits: 41

Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)

....f East Pakistan vs. SA Khan 40 DLR (AD) 202 . Lawyers involved: Abdul Matin Khasru, Advocate—For the Petitioners. Salahuddin Ahmed, Additional Attorney-General with Abdur Rouf, Deputy Attorney-General, Golam Mohammad Chowdhury, Deputy Attorney-General Md. Bazlur Rashid, Assist......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......R (SC) 515 and Province of East Pakistan vs. SA Khan 40 DLR (AD) 202 . Lawyers involved: Abdul Matin Khasru, Advocate—For the Petitioners. Salahuddin Ahmed, Additional Attorney-General with Abdur Rouf, Deputy Attorney-General, Golam Mohammad Chowdhury, Deputy Attorney-General ......his application under section 498 of the Code of Cri­minal Procedure with a prayer for anticipatory, bail was placed before this Court in connection with GR Case No.8 of 2007 arising out of Dighalia Police Station Case No.8 dated 31-1-2007, under section 25 of the Special Powers Act, 1974 now pendi..

Category: Criminal Law | Date: | Hits: 50

Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....vant for disposal of this Rule, in brief, are as under: 3. The petitioner, a reputed businessman, was selected for appointment as a dealer of fertiliser by District Selection Committee and the Deputy Com­missioner, Sherpur by his letter dated 24-12-1995 asked the petitioner to deposit Taka 2......ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ......f 1997. Judgment Zinat Ara J.- In this Rule, the petitioner calls in question the legality of the order bearing Memo No. JFCI/BIPINON-27/FMC (Sherpur) 146 dated 13-2­1997 passed by the General Manager (Commercial) on behalf of the Managing Director, Jamuna Ferti­liser Company Limited......ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ..

Category: Civil Law | Date: | Hits: 74