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Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)

....ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ......tions 447/ 323/ 382/386/506 of the Penal Code, now pending in the Court of Sessions Judge, Cox's Bazar rejecting the application of the petitioners under Section 344 of the Code of Criminal Procedure for stay till disposal of Other Class Suit No.26 of 2003 which is pending in the Court of Joint Dist......ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ...... made absolute. Cases Referred to- Zakir Hossain and others Vs. The State and another, 43 DLR (AD) (1991) 102; Dhirendra Chakrabarti Vs. Noni Gopal, 13 DLR 215; Hanif Vs. State, 60 DLR 634. Lawyers Involved: Md. Fakharuddin, with Jahangir Alam, Advocate - For the petitioners. N..

Category: Criminal Law | Date: | Hits: 54

M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)

....earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......ssed by the learned Joint District Judge and Artha Rin Adalat, Narayanganj in Artha Rin Money Execution Case No.41 of 1999 should not be set-aside. 2. The material facts of the case as necessary for disposal of the Rule are that the opposite party No.1, Janata Bank, Fatullah Branch as plaintiff......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......Kazi Gowaherul Islam Vs. Standard Co-operative, 50 DLR (HCD) 431; Iftekher Afzal Vs. Pubali Bank Ltd., 50 DLR (HCD) 623; Provat Kumar Das Vs. Agrani Bank and another, 15 BLC (AD) 113; 15 BLC 180. Lawyers Involved: S.A.M. Mahbub Elahi, Advocate - For the petitioner. No one appears - For th..

Category: Civil Law | Date: | Hits: 129

Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)

....e appeal as early as possible preferably within four months from the date of receipt of this order. Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ......eal No.182 of 1991 (arising out of partition suit No.12 of 84) rejecting the application under Order 1 Rule 10 read with section 151 of the Code of Civil Procedure. 2. The material facts necessary for disposal of this Rule are that the present petitioners filed an application before the learned s......e appeal as early as possible preferably within four months from the date of receipt of this order. Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ......�………….Petitioners Vs. Md. Samsur Ali Mondal and others…………………………………Opposite parties Judgment June 19, 2006. Result: The Rule is made absolute. Lawyers Involved: S. N. Goswami, Advocate - For the Petitioners. No one appears - For the Oppo..

Category: Property Law | Date: | Hits: 96

State Vs. Arman Ali and another, 2008, 37 CLC (HCD)

....- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ......a - State defence Lawyer. Death Reference No.28 of 2005 Judgment Siddiqur Rahman Miah J.- This Death Reference being No.28 of 2005 has been sent by the Learned Sessions Judge, Meherpur for confirmation of death. This death Reference is directed against the judgment and order dated 1......- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ...... Prisoner Judgment November 4, 2008. Result: The Death Reference No.28 of 2005 is rejected with modification of sentence. Cases Referred to- Ismail Barker Vs. State, 33 DLR 320. Lawyers Involved: Mrs. Umme Kulsum Begum, Deputy Attorney General with S.M. Shajahan Kabir Assist..

Category: Criminal Law | Date: | Hits: 106

Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)

....without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ......sioning failure of justice. 2. Material facts are that opposite party No.1 as plaintiff instituted Family Suit No.12 of 2000 in the Family Court Patharghata, impleading the petitioner as defendant for dower and maintenance for Tk. 1,16,500/-. 3. The trial Court partly decreed the suit on 17.05......without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ......�………………Opposite Parties Judgment August 18, 2009. Result: The Rule is discharged. Case Referred to- Md. Abdur Rahim and others Vs. Sree Sree Gredhari Jeo, 27 DLR 72. Lawyers Involved: Md. Sagir Hossain Leon, Advocate - For the petitioner. Md. Fakhar Uddi..

Category: Limitation Law | Date: | Hits: 147

Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)

.... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ......set aside. 2. The opposite party No.1 Bank as plaintiff instituted Title Suit No.211 of 2001 in the Court of Joint District Judge and Artha Rin Adalat-1, Dhaka against the defendant petitioner for realization of money under the Artha Rin Ain, 1990. The suit was decreed ex-parte on 10.4.2002 a...... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ...... International Vs. Artha Rin Adalat and others, 17 BLT (AD) 204; Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 61 DLR AD 92; Nur Islam Vs. Agrani Bank, 49 DLR AD 135. Lawyers Involved: S.N. Goswami - For the petitioners. M. Khaled Ahmed - For the opposite..

Category: Civil Law | Date: | Hits: 89

Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)

....to be in force in what is now Bangladesh de jure until 26 March 1971 and de facto until 15 December 1971, and the abrogation of the 1962 Constitution, the status of CHT remained unaltered. 10. The Proclamation of Independence of Bangladesh, dated 10 April 1971, which is deemed to have come into e......n the same and/or similar facts giving rise to questions and issues necessitating their disposal by one Judgment. In that view of the matter, both of these Writ Petitions are hereby taken up together for disposal allowing, however, for separate orders and outcomes as shall follow upon such disposa......titution of Pakistan (which came into effect on 23 March 1956) preserved the status of the CHT as an 'excluded area'. Notwithstanding that the 1956 Constitution was abrogated with the promulgation of Martial Law in Pakistan on 7 October, 1958, the Laws Continuance (in Force)-Order 1958 which came in...... Abdul Mannan, 29 DLR (SC) 1977; 17 MLR in Blackburn Vs. Attorney-General, [1971] 2 ALL ER 1380; Anwar Hossain Vs. Bangladesh (Constitution 8th Amendment Case), BLD (Special Issue) Vol IX(A) 1989. Lawyers Involved: Abdur Razzaq, Senior Advocate with Imran Siddiq, Advocate - For the petitioner ..

Category: Constitutional Law | Date: | Hits: 314

Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)

....le thus fails. In the result the rule is discharged. Let the LCR be sent down immediately. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ...... opposite party. Criminal Miscellaneous Case No.3472 of 2006. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application under section 561A of the Criminal Procedure Code for quashing the Judgment and order dated 29.01.2004 passed by the learned special judge, special Tr......le thus fails. In the result the rule is discharged. Let the LCR be sent down immediately. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......charged. Cases Referred to- Golam Mohammad Vs. Muzammal khan and 4 others, PLD 1967 SC 317; Md. Alam and 3 others Vs. The State, 19 DLR (SC) 242; Shadu Miah and others Vs. State, 10 BLC 770. Lawyers Involved: Kaiser Ali - For the Petitioners. S.M. Shahjahan Kabir, Assistant Atto..

Category: Criminal Law | Date: | Hits: 99

Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)

...., District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ......t Attorney-General - For the State. Criminal Miscellaneous Case No. 6705 of 2009. Judgment Naima Haider J.- This is an application under section 561A of the Code of Criminal Procedure for quashment of the proceeding of the Sessions Case No.697 of 2008, now, pending in the Court of le......, District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ...... The State……………………….Opposite party Judgment November 22, 2009. Result: The Rule is made absolute. Case Referred to- Shahera Khatun Vs. State, 6 BLC (2001) 604. Lawyers Involved: MM. Nuruzzaman, Advocate - For the accused-petitioner. Md. Soyeb Khan,..

Category: Criminal Law | Date: | Hits: 84

Bangladesh Film Development Corporation Vs. Chairman, 1st Labour Court, Dhaka and others, 1996, 25 CLC (HCD)

....Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 396. ......eclared to have been passed without any lawful authority and is of no legal effect. 2. The facts, in short, are that, the respondent No.2, Shahera Khatun, filed the complaint Case No.450 of 1993 before the respondent No.1 First Labour Court, stating, inter alia that he was appointed by Bangladesh......Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 396. ...... Judgment November 11, 1996. Result: The Rule is discharged. Cases Referred to- 31 DLR (AD) 298; 14 DLR (SC) 17; 48 DLR 472; 1968 PLC 281; 1968 PLC 355; 1968 PLC 183; 1968 PLC 279. Lawyers Involved: Md. Hannan, Advocate ‑ For the Petitioner. Chowdhury Sanwar Ali, Advocate ..

Category: Labour and Industrial Law | Date: | Hits: 265

Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)

....ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......e, 1st Class, Jhikargacha in Case No.88(C)/88. 2. It appears that the present petitioner was convicted under section 6(5) of the Muslim Family Laws Ordinance, 1961 and sentenced to suffer RI for one year. The trial Court found that the present petitioner took a second wife without obtaining......ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......ite Party Judgment May 18, 1998. Result: The Rule is discharged. Cases Referred to- Farooque Miah Vs. Tahera Begum, 1981 BLD 165; Ayesha Sultana Vs. Md. Shajahan Ali, 38 DLR 140. Lawyers Involved: No one appears. Criminal Revision No.1194 of 1992. Judgment Md. Hamidu..

Category: Procedural Law | Date: | Hits: 105

Akhter Hossain (Md.) Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....roup-2 and Inquiry Officer, Customs House, Dhaka and withdraw the suspension order of license. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 82. ......branch of Customs Department traced out the case of gold smuggling. It is further stated that the representative of C&F Agent Parul Trade International i.e. the Petitioner submitted Bill of Entry for leasing the imported goods. On a secret information, however, the goods were examined in the pre......roup-2 and Inquiry Officer, Customs House, Dhaka and withdraw the suspension order of license. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 82. ......��………………………..Petitioner Vs. Bangladesh and others………………………………..Respondents Judgment October 21, 2009. Result: The Rule is made absolute. Lawyers Involved: Manzil Murshid, Advocate - For the Petitioner. Md. Mostafa Zaman Islam..

Category: Fiscal/Taxation Law | Date: | Hits: 166

Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)

....been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ......o show cause as to why the proceedings of the Special Case No.20 of 2007 under Section 5(2) of the Prevention of Corruption Act, 1947 read with Sections 409/109 of the Penal Code, 1860, now pending before the 3rd Court of the Special Judge, Dhaka should not be quashed so far as it relates to the pet......been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ......hah Chowdhury, 51 DLR (AD) 242; Moulana Md. Yusuf Vs. State, 18 BLD (AD) 227 = 3 BLC (AD) 171; Chand Shah Vs. The Crown, PLD 1956 (FC) 43 = 8 DLR (FC) 24; Khalid Saigol Vs. State, 14 DLR (SC) 321. Lawyers Involved: Md. Ramzan Ali Sikder, Advocate - For the Petitioner. Md. Khurshedul A..

Category: Criminal Law | Date: | Hits: 99

Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)

....side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......28.4.19W passed in Title Suit No.46 of 1995 by the Subordinate Judge, 1s Com I, Pirojpur decreeing the suit. 2. The petitioner Abdul Jabbar Sheikh as plaintiff instituted Title SuitNo.46 of 1985 before the 1st Court of Subordinate Judge, Pirojpur against the defendant opposite party Raja Kha pray......side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ...... Sudhir Kumar Das and another Vs. Abdul Malek Miah and others, 2006 BCR (AD) 164; Rafiqul Islam (MD.) Vs. Mir Abdul Ali, 44 DLR (AD) 176; Malik Md. Ishaque Vs. Mlrza Almas Ali, 21 DLR (WP) 333. Lawyers Involved: S.M. Moonir, Advocate- For the Petitioner. &..

Category: Property Law | Date: | Hits: 119

Editor, Bangladesh Observer, Dhaka & another Vs. Member, Labour Appellate Tribunal and others, 1998, 27 CLC (HCD)

....ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 606. ......etitioners as stated in the writ petition are, inter alia, that the respondent No.2 filed an application under the Payment of Wages Act, 1936 being Act IV of 1936, as modified by Act XXVII of 1980, before the Third Labour Court, Dhaka against the petitioners and another being P.W. Case No.14 of 1992......ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 606. ......…………………Respondents Judgment June 14, 1998. Result: The Rule is discharged. Case Referred to- Shaw Wallace Bangladesh Limited Vs. Tafazzal Hossain, 50 DLR 22. Lawyers Involved: Mahbubul Huq, Advocate ‑ For the Petitioners MI Faruque with M Saleem ..

Category: Labour and Industrial Law | Date: | Hits: 215

Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)

....pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ...... and or such other or further order or orders passed as to this Court may deem fit and proper. 2. This Court directed the parties to maintain status quo in respect of possession of the suit land for a period of 3 months from date. That period of statuesque has been extended subsequently. ......pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ......1945 (PC) 178; Molla Shahidul Islam Vs. Mansnr Rahman, 57 DLR 164; Ram Kumar Vs. Rasmeswara, AIR 1964 Mys-59; Manik Vs. Banamali 1LR 32 Cal 1104; Mokbul Ahmed Contractor Vs. Md. Idris, 21 DLR 511. Lawyers Involved: Md. Khalilur Rahman with T. M. Shakil Hasan and Md. Khalilur Rahman- For ..

Category: Civil Law | Date: | Hits: 112

Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ......o Ward No.53. 5. An affidavit-in-opposition has been filed by the respondent No.1 denying the assertions made in the writ petition and stating that the petitioner was given additional charge to perform as Nikah Registrar on temporary basis for Ward No.53, due to vacancy occurred on the retirement......ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ......(AD) 36; Abul Hasnat Mohammed Shajahan Bepari Vs. Bangladesh and others in Civil Petition For Leave To Appeal No. 968 of 1999; Philips Electrical Company Vs. The Commissioner of Taxes, 45 DLR 390. Lawyers Involved: Abdul Matin Khasru, Advocate with Pankaj Kumar Kundu, Advocate- For the petitio..

Category: Civil Law | Date: | Hits: 130

Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)

....rder passed in this case stands vacated. Let a copy of this Judgment and Order be transmitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......all further proceedings of Complaint Case No.7404 of 2008 dated 15-12-2008 under Sections 406 and 420 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Dhaka, was stayed for a period of three months and through further extensions, lastly on 7-3-2011, it was extended for......rder passed in this case stands vacated. Let a copy of this Judgment and Order be transmitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......�…………………………. Accused-Petitioner Vs. State and another………………………….Opposite Parties Judgment May 9, 2011. Result: The Rule is made absolute. Lawyers Involved: Rokonuddin Mahmud, Senior Advocate with Ashraful Hadi, Advocates - For the Peti..

Category: Criminal Law | Date: | Hits: 100

AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)

....ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......minal Revision No.1025 of 2010. Judgment Siddiqur Rahman Miah J.- This Rule was issued on an application under section 439 read with section 435 of the Code of Criminal Procedure filed by the informant petitioner against the order dated 9-2-2009 for framing charge against the accused petitione......ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......963) 15 DLR (SC) 150; Feroj Khan Vs. Captain Golam Nabi, (1966) 18 DLR (SC) 289; Abdur Rashid Khandaker Vs. Chandu Master, (1964) 16 DLR (SC) 505; State Vs. Khandaker Md. Moniruzzaman, BLT (AD) 9. Lawyers Involved: Habibur Rahman with Delwar Hossain Lasker, Advocates - For the Petitioner. ..

Category: Criminal Law | Date: | Hits: 99

Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)

....ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ......ud Hossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the Respondents to show cause as to why invitation for re-tender No. Babe/Karika/bmre/ SKW FM Transmitter/2007-161 dated. 15-4-2008 published in "The D......ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ......thers………………….Respondents Judgment July 22, 2010. Result: The Rule is made absolute. Case Referred to- GM Jamuna Oil Company Ltd. Vs. Golap Rahman, 34 DLR (AD) 166. Lawyers Involved: Mahmudul Islam with Probir Neogi, Advocates - For the Petitioner. Akra..

Category: Others | Date: | Hits: 127

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