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Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)

.... This Case is also Reported in: 58 DLR (2006) 224.......ased the entire share of said Jalal Patwari that was allotted to him in the preliminary decree. So, he could not claim that he was not aware of said decree. In the fitness of things, most natural and proper step for said opposite party No. 1 was to take step for substitution or addition in place of ..

Category: Property Law | Date: | Hits: 72

Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)

....High Court Division (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Rafique Ullah (Md)………………………………………………..Petitioner Vs. Badsha Alam and others..................................Opposite Parties. Judgment August 30, 2005. Cas......pears to have no substance. The learned Advocate, in course of argument, has taken me through the judgments of the Courts below and other evidences on record and submits that both the Courts below on proper findings found that the decree in question in Title Suit No. 30 of 1998 is collusive and frau..

Category: Property Law | Date: | Hits: 67

Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)

....Court High Court Division (Civil Revisional Jurisdiction) Present: Zubayer Rahman Chowdhury J Badel Alam Howlader…………..…. Defendant-Respondent-Petitioner Vs. Falu Dewan and others…...............Plaintiff-Appellant-Opposite-Parties. Judgment February 11, 2004. ......te appears for the petitioner, while Mr. Idris Khan along with Mr. Nowshad Zamir, Advocates appears in opposition to the Rule. 7. In support of the Rule, Mr. Hoque submits that the trial Court, on proper finding of fact and upon correct appreciation of the evidence on record, rightly dismissed th..

Category: Property Law | Date: | Hits: 66

AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)

....onal Jurisdiction) Present: Hassan Ameen J Md. Awlad Ali J Bijan Kumar Das J AHM Khurshed Ali & others……………………………………Petitioners Vs. Md. Hashem Ali and others………………………………………Opposite Parties. Judgment February 8, ...... instituted a suit being Other Suit No. 96 of 2003 on 3-6-2003 in the Second Court of Joint District Judge, Chittagong against the opposite party Nos. 1-8 praying for declaration of title in the suit properties. In the suit in pursuance of an application the defendant opposite party No. 9 was impiea..

Category: Procedural Law | Date: | Hits: 90

Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)

....R (2006) 207, 26 BLD (HCD) (2006) 361. ......stries and the aforesaid loan could not be repaid which unfortunately accumulated to Taka 79,13,42,887.12 inclusive of interest. The petitioner company mortgaged all its assets, movable and immovable properties including its machinery etc to respondent No. 3 bank as security for the loan. The petiti..

Category: Civil Law | Date: | Hits: 125

Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)

....High Court Division (Criminal Revisional Jurisdiction) Present: SK Sinha J Shamim Hasnain J Ziaul Hoque Chowdhury (Md.)…………………………………Petitioner Vs. State and another……………………………………………….Opposite Parties. Judgment A......tion of the investigating officer in failing to notice that a naraji petition in a case is filed when the informant or complainant is dissatisfied with the conduct of the investigating officer in not properly investigating the case. 9. Section 265C empowers a Court to discharge an accused if it c..

Category: Criminal Law | Date: | Hits: 49

Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)

....Reported in: 58 DLR (2006) 117. ...... be taken to have been filed for enforcement of any fundamental right of the petitioner including that of the freedom of press. The statements made in these two writ petitions, if considered in their proper perspective, do not disclose any case of infringement of fundamental right, let alone the fre..

Category: Information Technology Law | Date: | Hits: 324

Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)

....riginal Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Moulana Md. Abdul Kader Azadi……………………………..Petitioner Vs. Government of Bangladesh and others………………………..Respondents. Judgment April 19, 2005. Lawyers Involv......e Writ Petition should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: On 15-1-1971, petiti..

Category: Employment/Service Law | Date: | Hits: 81

Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)

....(Special Original Jurisdiction) Present: Syed Mahmud Hossain J Syed Refaat Ahmed J Jahangir Hossain Howlader (Md.) …………………………………..Petitioner Vs. CMM, Dhaka and others...........................................Respondents. Judgment October 30, 2004. ...... the respondents should not be directed to refrain from taking any action or passing any order against the petitioner or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: 3. The petitioner was..

Category: Criminal Law | Date: | Hits: 158

Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)

.... This Case is also Reported in: 58 DLR (2006) 103. ......ther stated in the petition that the petitioners applies to the defendant No. 5 i.e. Secretary, Ministry of Works. Government of Bangladesh, for clearance to build a 2 Star International Hotel and on proper inquiry the defendant No. 5 gave permission to the petitioners for construction of the said h..

Category: Civil Law | Date: | Hits: 99

Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)

.... Case is also Reported in: 58 DLR (2006) 100.......n the exercise of their jurisdiction. The learned Additional District Judge can exercise revisional jurisdiction under section 115 on perusal of the record and can make such order as he finds fit and proper. But in the instant case, the petitioners did not give an opportunity to the learned Addition..

Category: Procedural Law | Date: | Hits: 77

Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)

.... Government of Bangladesh repre­sented by Secretary, Ministry of Jute, Secretariat Building, Dhaka..........................................................Appellant Vs. Helal Jute Press Ltd. and others……………..........Respondents Judgment July 21, 2009. Cases Referred To- ......by a Division Bench of the High Court Division in Writ Petition No. 348 of 1985 making the Rule absolute-in-part with a direction to the writ respondent No. 1-Appellant to deliver posses­sion of the properties of the writ petitioners-respondents at Daulatpur, Khulna together with all 25 godowns on ..

Category: Property Law | Date: | Hits: 128

Md. Bazlur Rashid Vs. Bangladesh, 2008, 37 CLC (AD)

....lam J Md. Joynul Abedin J Md. Abdul Matin J Md. Bazlur Rashid ………………………............Petitioner Vs. Bangladesh, repre­sented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Dhaka & others .......................Respond......on 4 of the Act his areas have been curtailed which the Government is authorized under the law to do consequently, the petition is dismissed." 7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illega..

Category: Civil Law | Date: | Hits: 105

Jabed Ali alias Kasai Jabed alias Mawra Jabed Vs. State, 2011, 40 CLC (HCD)

....orney General - for the respondent. Criminal Appeal No. 3368 of 2004. Judgment Md. Ruhul Quddus J. - This appeal under section 30 of the Special Powers Act, 1974 is directed against judgment and order dated 9.8.2004 passed by Metropolitan Special Tribunal No. 6, Dhaka in Metropolitan Specia......vidence into the notice of the appellant as required by section 342 of the Code of Criminal Procedure. Such omission on the part of the trial Court is fatal inasmuch as by now it is well settled that proper compliance with the provision of section 342 is mandatory and failing on the part of the Judg..

Category: Criminal Law | Date: | Hits: 44

Yusuf Jamil Babu Vs. Bangladesh and others, 2009, 38 CLC (AD)

....Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedm J Md. Abdul Matin J Yusuf Jamil Babu.....................................Petitioner Vs. Bangladesh and others .........................Respondents Judgment February 5, 2009. Lawyers Involve......া পরিষদ অধ্যাদেশ, ২০০৮। 5. Moreover, the contention, if any, as urged by the learned Counsel for the petitioner, could be considered on material/evidence in a proper forum, i.e. the election tribunal. At the moment, we could not but, on the available material..

Category: Election Law | Date: | Hits: 116

Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: M Amin Chowdhury J Gour Gopal Saha J Islami Bank Bangladesh Ltd..……….Petitioner Vs. Shohag Medicine Supply and others………….Opposite Parties Judgment January 22, 1998. Cases Referred to- Am......nt with damages. 8. Admittedly, the money was advanced under Moazzel system of banking which is a new concept of Islami banking system in our country. In by Moazzel system a party is given certain properties on a contract which is as follows: “১ বাই মোয়াজ্জাল চু..

Category: Banking Law | Date: | Hits: 199

Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)

.... (2000) 546. ......t by use and registration of the said trade mark in respect of shoes and footwears in the name of the appellant in more than 100 countries of the world, the said trade mark “BALLY” has become the property of the appellant. The use of the world famous trade mark “BALLY” by the applicant respo..

Category: Intellectual Property Law | Date: | Hits: 210

Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)

.... MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......rt of India sent the case on remand to inquire as to the age of the accused. With respect, our view would be that if it is felt that the determination of the age of the accused may be material to the proper adjudication of the appeal, then the matter may be remanded at any time for ascertaining the ..

Category: Criminal Law | Date: | Hits: 128

Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)

.... Lab…………Petitioner Vs. Bangladesh & others…………Respondents Judgment May 25, 2000. Cases Referred To- Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board and ors., 48 DLR (AD) 20. Lawyers Involved: Rafiqul Islam, Advocate—For the Petitioners. ...... under section 15 of the VAT Act, 1991 but after installation of the machinery the project of Photo Processing and printing was started on 1-7-1992. Since starting the petitioner has been maintaining proper and regular accounts of daily output and sale proceeds in a Tax assessment book as required u..

Category: Fiscal/Taxation Law | Date: | Hits: 139

Mehnaz Sakib Vs. Bangladesh, 1999, 28 CLC (HCD)

....dul Matin J Mehnaz Sakib……………Petitioner Vs. Bangladesh…………..Respondents Judgment May 30, 1999. Cases Referred To- Abdul Latif Mirza Vs. Government of Bangladesh and others, 31 DLR (AD) 1; Md. Anwar Hossain Vs. Government of Bangladesh, 30 DLR 423; Government of......ged from the Dhanmondi PS Case No.10(10)96 by the order of the High Court Division and since after the discharge she has been passing her days in critical ailing condition and could not go abroad for proper treatment on medical advice as her passport was impugned in the year 1996. She could not get ..

Category: Criminal Law | Date: | Hits: 64