Judgment search - Chancery Law Chronicles

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Yunus Molla (Md.) Vs. State, 1995, 24 CLC (HCD)

.... lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ......Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ......ed‑petitioner released. The learned Divisional Special Judge acted illegally in not stopping the proceeding and releasing the accused-petitioner inspite of his filing application for the purpose by order dated 22‑2‑90. 3. It appears from the order dated 10‑12‑86 that the proceeding of t......Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ..

Category: Procedural Law | Date: | Hits: 95

Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)

....h arrest is not an interlocutory order………………………………(34) The Admiralty Act, 1861, section 6 In a pure and simple suit for the realisation of the money by an unpaid vendor, admiralty jurisdiction cannot be invoked. To attract admiralty jurisdiction conditions as laid down ...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ......…………………………………….(30) In an action in rem under Admiralty Jurisdiction the proceeding is commenced by the arrest of the res, the ship, such arrest is not an interlocutory order………………………………(34) The Admiralty Act, 1861, section 6 In a pure and...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 258

Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)

....�……………………Petitioner Vs. Md. Minarul Islam Mondol @ Miton……………………………………………Opposite Party Judgment June 9, 1997. Result: The Rule is made absolute. Enhancement or reduction of dower Dower fixed on the basis of Kabinnama betwee......reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ......t sustainable in law. 16. In the result, the Rule is made absolute. The Judgment and decree of the appellate Court are set aside and those of the trial Court are restored. The suit is decreed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of t......reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ..

Category: Family Law | Date: | Hits: 122

State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)

.....- On 20-4-2008 Manzill Murshid, learned Advocate of the Supreme Court, brought to our notice a news item published in the Financial Express on Saturday, 19-4-2008 wherein it was reported that a Bangladeshi-born Briton was assaulted by security men at Zia International Airport. This Court issued a S......e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ......e alleged to have assaulted a Bangladeshi-born British citizen namely, Barrister Rezwan Hossain, and why the concerned authorities will not be directed to inquire into and take appropriate measure in order to prosecute those involved in the incident both departmentally and under the penal laws of th......e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ..

Category: Others | Date: | Hits: 87

Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....ment of Bangladesh and others.......................Opposite Parties Judgment January 27, 2009. Result: The Rule is discharged. Cases Referred to- Amirunnessa Vs. Abdul Mannan Howlader, 17 BLD 251 = 1 BLC 183; Hriday Ranjan Dey Vs. Niranjan Dey being dead his heirs- Probate Dey, ....... Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ......gh Court Division wrongly held that the lower appellate Court had found possession of the plaintiff in the disputed land, as such, Judgment of High Court Division is not sustainable. The Judgment and order of the High Court Division as well as the Judgment and decree of the tower appellate Court are....... Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ..

Category: Property Law | Date: | Hits: 76

Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)

....n Kabir, Abul Kalam and maternal cousin Ziaur Rahman on 26.04.1996 at about 5:00 p.m. sold an ox for a sum of Tk.14,700/-only to one Hazi Md. Nazimuddin of village Tarapasha, Boila and the informant had also carried with him a sum of Tk.2,300/- and thus having total amount of Tk.17,000/- they starte......lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ......neral - For the State. Criminal Appeal No.3024 of 1998. Judgment Md. Muzammel Hossain J.- This appeal at the instance of the accused-appellants is directed against the impugned judgment and order dated 10.11.1998 passed by the learned Assistant Sessions Judge, 1st Court, Kishoreganj in Ses......lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ..

Category: Criminal Law | Date: | Hits: 83

Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)

....th property' or 'dominion over property' may be acquired 'in any manner' as stipulated in section 405 of the Penal Code. The law markers, out of their wisdom, used the expression 'in any manner' instead of 'in a lawful manner'. Use of the expression 'in any manner' clearly attracts acquiring 'domini...... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......r section 406/420 of the Penal Code pending in the Court of Metropolitan Magistrate, Chittagong, should not be quashed so far as it relates to the accused petitioner and/or pass such other or further order or orders be passed as to this Court may seem fit and proper. 2. The facts leading to filin...... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ..

Category: Criminal Law | Date: | Hits: 116

Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)

.... Naima Haider J Ahmed Akbar Sobhan…………………………Petitioner Vs. State………………………….Opposite Party Judgment June 22, 2011. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 561A A convict may in......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......ousand) in default of which to suffer further 3 (three) months simple imprisonment and confiscating the foreign currency in favour of the state should not be quashed and/or pass such other or further order or orders as to this Court may deem fit and proper. 2. The accused-petitioner and others we......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ..

Category: Criminal Law | Date: | Hits: 109

Osarunnessa Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....reme Court High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Osarunnessa………………………..Petitioner Vs. Bangladesh and others………………………Respondents Judgment March 12, 2012. Result: ......ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......suing warrant of arrest of the petitioner for realizing all dues and the Court issued warrant of arrest as prayed on 25-1-2011 (Annexure-B and B 1). 4. The petitioner was arrested on 5-6-2008 vide order No.8 dated 3-4-2008 and thereafter on 27-11-2008 the Court released the petitioner since she s......ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ..

Category: Civil Law | Date: | Hits: 134

Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)

.... order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ...... Upazila Nirbahi Officer, Porsha, Naogaon to reap the paddy and to take steps for preservation thereof. 8. As it is seen from the provision of the Ordinance that there is no provision to take ad‑interim action, the one as impugned in the writ petition, while proceeding under section 32 of the P......oner. No one – For the Respondents. Writ Petition No.1694 of 1989. Judgment Md. Ruhul Amin J.- Petitioner has obtained this Rule calling upon the respondents to show cause as to why the order dated 28‑11‑89 (Annexure‑E to the petition) passed by Respondent No.1, Administrator of ...... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ..

Category: Trust/Waqf Law | Date: | Hits: 85

Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)

.... J Mohammed Ali…………………..Petitioner Vs. Director, Marine Fisheries Office and others……………………..Respondents Judgment May 28, 2009. Result: The Rule is made absolute. Lawyers Involved: Mahmudul Islam with MA Hannan, Advocates — For the Pet......icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ......ection 4, 5, 8 and 11 of the Ordinance because power and authority of the Director under the Ordinance have been curtailed. Pursuant to impugned Memo Annexure- D, respondent No. 1 refused to pass any order on an application dated 27-1-2009 filed for mutation and endorsement of transfer of the two ve......icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ..

Category: Civil Law | Date: | Hits: 124

SM Siddiqur Rahman, Advocate Vs. Anti-Corruption Commission and others, 2011, 40 CLC (HCD)

....Rahman without surrendering before the concern Court below. From the order dated 25-4-2007 passed by this Hon'ble Court it appears that pursuant to the impugned Memo Special Case No.1 of 2007 has already been started implicating the petitioner as accused, which is now pending before the Senior Speci......he Rule, for, the petitioner is a fugitive from justice. In the result, the Rule is discharged. There will be no order as to cost. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 112. ......ging the impugned Memo dated 18-2-2007 preferred the instant writ petition by giving Power of Attorney to one Advocate SM Siddiqur Rahman without surrendering before the concern Court below. From the order dated 25-4-2007 passed by this Hon'ble Court it appears that pursuant to the impugned Memo Spe......he Rule, for, the petitioner is a fugitive from justice. In the result, the Rule is discharged. There will be no order as to cost. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 112. ..

Category: Procedural Law | Date: | Hits: 104

Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)

....tle Suit No.68 of 2003. 9. Admittedly the petitioner filed a suit challenging the aforesaid decree being Title Suit No.309 of 2004 wherein the ground pressed by the petitioner is the ground of adverse possession. Raising the question of adverse possession the petitioner in that suit challenge...... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ...... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ...... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ..

Category: Procedural Law | Date: | Hits: 94

Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....dismissing the appeal. 2. Facts relevant for disposal of the reference application are as follows: - The assessee-applicant, Chittagong Dry Dock Limited is a state owned company under the Bangladesh Steel and Engineering Corporation. Every transaction in the books of accounts of the assessee ......ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ......Application No.485 of 2005. Judgment Zinat Ara J.- This reference application under section 160(1) of the Income Tax Ordinance, 1984 at the instance of the assessee-application arises out of an order dated 21-8-2005 passed by the Taxes Appellate Tribunal, Chittagong Bench, Chittagong in Income......ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ..

Category: Fiscal/Taxation Law | Date: | Hits: 107

Ful Mia Vs. State, 2004, 33 CLC (HCD)

....nformation and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 31. ......un concurrently. 31. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 31. ......eneral - For the State. Criminal Appeal No.2385 of 1998. Judgment Syed Mohammad Ziaul Karim J.- This appeal at the instance of accused appellant Ful Mia, is directed against the judgment and order dated 30.7.1998 passed by the learned Judge of the Special Tribunal No.3, Bagerhat in Special ......un concurrently. 31. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 31. ..

Category: Criminal Law | Date: | Hits: 79

Neo Mendes and others Vs. State, 2007, 36 CLC (HCD)

....nfructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ......t this rules i.e. Criminal Miscellaneous Case No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ......hittagong. 2. The relevant facts for disposal of these rules, are that, a lengthy complaint was made by the complainant, Maxim Ltd., against the accused petitioners and others alleging that as per order placed by accused No.9, Bugle Boy Industries Inc. through L/C No. DC HKH 673495 dated 29.10.20...... it relates to the accused petitioners. 7. The Rule of Criminal Miscellaneous Case No.7514 of 2001 was issued on the prayer of the accused petitioners Neo Mendes, S.M.S Saleheen and Shah Newaz for anticipatory bail, since we have already quashed the proceeding in which the anticipatory bail was g..

Category: Criminal Law | Date: | Hits: 70

Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....reme Court High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Nazrul Islam (Md.)………………………Petitioner Vs. Bangladesh and others………………………………Respondents Judgment April 25, 2007. R......er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ......0 days, notice for payment of compensation was served upon the petitioner. So, there was no violation of section 7(4) of the Ordinance and there is no cause for abatement of the proceedings. 6. In order to appreciate the submissions advanced by the learned Counsels, we have gone through the writ ......er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ..

Category: Property Law | Date: | Hits: 62

Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)

.....C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ...... Respondent. First Miscellaneous Appeal No.162 of 2000 with Civil Rule No. 566(F.M) of 2000. Judgment Md. Arayes Uddin J.-This Misc. Appeal has been preferred against the judgment and order dated 29.11.1999 passed by the learned District Judge, Dhaka in Misc. Case No.393 of 1999 decr......k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ..

Category: Civil Law | Date: | Hits: 127

Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)

.... the appellant following leave is directed against the judgment and order dated 14-10-2009 passed by the High Court Division in Civil Revision No.3994 of 2007 discharging the Rule. 2. The facts, leading to this appeal, are precised below:— The respondents herein as the plaintiffs filed Title......ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ......n Civil Revision No.3994 of 2007). Judgment Syed Mahmud Hossain J. - This appeal by the Rajdhani Unnayan Kartipakha (RAJUK) as the appellant following leave is directed against the judgment and order dated 14-10-2009 passed by the High Court Division in Civil Revision No.3994 of 2007 dischargi......ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ..

Category: Property Law | Date: | Hits: 104

Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)

....discharged. A Sub-Inspector of Police or an Officer above has inherent power to investigate into an offence in accordance with law and he has also been specially empowered by section 36(1) of the Madak Drabya Niantran Ain to search, seize, arrest, to initiate a case and to investigate into a case....... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ......) table 7(b) of the Madak Drabya Niantron Ain, 1990 (hereinafter referred to as the Ain) now pending in the Court of Sessions Judge, Sirajgonj, should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Heard the learned Advocates appearin....... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ..

Category: Criminal Law | Date: | Hits: 90

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