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Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
....rt Division registered as Criminal Miscellaneous Case No 5936 of 2008 in which he obtained pre-arrest bail by the Honorable High Court Division till submission of the police report. 3. The facts leading to the filing of this petition under 561A of the Code of Criminal Procedure (CrPC) briefly is ...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......nder section 173 (1) of the Code has been forwarded to the Magistrate. The sub section (3B) of section 173 does not require any protest petition to be filed as a precondition to exercise the power to order further investigation by the learned Magistrate in respect of the offence alleged to have been......ef Metropolitan Magistrate, Dhaka should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The accused petitioner filed a petition for anticipatory bail before the Honorable High Court Division registered as Criminal Miscellaneous Case..Category: Criminal Law | Date: | Hits: 124
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This Case is also Reported in: 50 DLR (HCD) (1998) 594.
...... discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 594.
......ed in that case cannot be pressed for issuance of Rule in this case.
For the above discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 594.
...... discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 594.
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Category: Civil Law | Date: | Hits: 119
Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
....Result: The Rule is disposed ofwith observations and direction. Case Referred to- Ancient Steamship Company Limited Vs. Member (Appeal & Revision) Ministry of Finance, Government of Bangladesh, 2 MLR (AD) 302. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Petitioner......t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ......keeping the same pending for an indefinite period causing a serious hardship to the petitioner affecting his right to profession guaranÂteed under Article 40 of the Constitution. Hence, the impugned order passed by the respondent No.7 (Annexure-I) is liable to be declared illegal, without jurisdict......t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....t No.1, Dhaka, in Artha Rin Adalat Case No.32 of 2008 rejecting the Procedure should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is that the petitioner is a private limited company engaged in cold sto......t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ......Md. Ashfaqul Islam J.- At instance of the petiÂtioner, M/S Shitalakhaya Ice and Cold Storage Pvt. Limited, this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order No.9 dated 10-06-2009 passed by the Artha Rin Adalat No.1, Dhaka, in Artha Rin Adalat Case No.......t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ..Category: Civil Law | Date: | Hits: 108
Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....HCD) (2009) 760. ......btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ...... Bashir Ullah Master……………Petitioner Vs. Bangladesh and others……………………..Respondents Judgment November 26, 2008. Result: The Rule is discharged without any order as to costs. A fugitive has no right to seek any kind of redress as against his grievance o......btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ..Category: Civil Law | Date: | Hits: 93
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....Masud Chowdhury J Md. Rezaul Hasan J Enamul Haque……………………Petitioner Vs. State…………………Opposite Party Judgment May 18, 2010. Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Sections 145(4) and 146 ......he Magistrate can pass an order of attachment as per second proviso to section 145(4) of the Code, if he considers the case is one of emergency, to prevent occurrence of immediate breach of peace. An interim order of attachment under the second proviso of section 145(4) of the Code, pending the deci...... May 18, 2010. Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Sections 145(4) and 146 Order of appointment of a receiver For passing an order to appoint a receiver, the Magistrate must come to a conclusion, after completion of the enqui......he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ..Category: Criminal Law | Date: | Hits: 105
....…………….(30)
When the concurrent findings of fact of the trial court as well as the court of appeal are based on proper appreciation of evidence on record and are not vitiated by the non-reading or misreading of material evidence on record, such findings cannot be interfered with in exerc...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
......e No.19 of 1981 and case No.88 of 1980.
5. The suit was dismissed by the trial court and against the judgment and decree, the plaintiffs filed Title Appeal No.20 of 1988 and in the said appeal, an order of remand was passed with a direction to settle the title by necessary amendment against which...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
..
Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
....t at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ...... support of their title; that on 13-2-91 the defendant No.2 expressed that his brother-in-law, the defendant No.1 was the owner of the land on the basis of the title suit and prayed for affirming the order of mutation, on 16-2-91. The husband of plaintiff No.1 searched for the suit and on 12-3-91 af......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ..Category: Property Law | Date: | Hits: 112
Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
..... Boktar Ali..............................Petitioners Vs. Most. Anjuara Begum and others.............................Opposite parties Judgment February 6, 2008. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The intentio......ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ......ani - For the Petitioner. Civil Revision No.162 of 2002. Judgment Siddiqur Rahman Miah J.- This Rule was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the order No.21 dated 30.08.2001 passed by the Subordinate Judge, 2nd court, Lalmonirhat in Miscellaneou......ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ..Category: Procedural Law | Date: | Hits: 162
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
.... Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......eafter, respondent No.17, the importer, filed Writ Petition No.6262 of 2008 challenging the canÂcellation of the NOC. Respondent No.17 requested the Department of Shipping to conÂduct an inquiry in order to ascertain whether the vessel was carrying any noxious/hazardous materials. Accordingly, on ......ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ..Category: Environmental Law | Date: | Hits: 688
Provat Mondal and others Vs. State, 2012, 41 CLC (HCD)
....the Code...............................(4) Lawyers Involved: Md. Mamun Aleem, Advocate - For 2nd Party-Petitioners. Md. Khurshedul Alam, Deputy Attorney General with Delawar Hossain Samaddar, Assistant Attorney General and Monjur Kader, Assistant Attorney General - For the State-Oppos......osed of. Let a copy of this order be immediately transÂmitted to each of the Courts below for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 182. ......98 for quashing the Judgment and Order dated 15-2-2012 passed by the Additional Sessions Judge, 3rd Court, Khulna in Criminal Revision No.40 of 2012 dismissing the revision and thereby confirming the order dated 18-12-2011 passed by the Executive Magistrate, 'Ga' Anchal, Khulna in MP Case No.369 of ......osed of. Let a copy of this order be immediately transÂmitted to each of the Courts below for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 182. ..Category: Criminal Law | Date: | Hits: 74
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment December 15, 2011. Result: The appeal stands disÂmissed. Cases Referred to- State Vs. Hasen Ali, 4 MLR 287 = 4 BLC 582; State Vs. Badshah Mollah, 9 BLD 257 = 41 DLR 11; Mafizuddin Gazi Vs. State, 31 DLR 16. Lawyers Involved:&nbs......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......evidence on record as well as the impugned Judgment and then submits that the appellants are innocent and they have been falsely implicated in the case. He next submits that the impugned Judgment and order of conviction being illegal is liable to be set aside inasmuch as it is wholly based on the so......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....e, 14 BLD 94 = 44 DLR 492. Lawyers Involved: Rana Kawser, Advocate with Samia Afroz Kana, Advocates - For the Appellant. Gazi Md. Mamunur Rashid, Assistant Attorney General with Md. Asaduzzaman, Assistant Attorney General - For the State. Criminal Appeal No.3335 of 2005. ......me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......eneral with Md. Asaduzzaman, Assistant Attorney General - For the State. Criminal Appeal No.3335 of 2005. Judgment M Enayetur Rahim J.- This appeal is directed against the Judgment and order dated 14-7-2005 passed by the learned Special Tribunal No.7, Narayanganj in Special Tribunal C......me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ..Category: Criminal Law | Date: | Hits: 99
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....s no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ......an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ...... to give a decision on a land dispute. However he submits that the decision under challenge in the instant case was the out come of the efforts of the parties and the local Ward Commissioner acted in order to reach an amicable settlement and to avoid Court litigation between the parties. 10. We h......an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ..Category: Civil Law | Date: | Hits: 74
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
....l no. 15 of 2003 by modification of the judgment and decree dated 31-05-2003 passed by the learned Judge of the Family Court, Basail, decreeing Family Suit No.10 of 2002, in part. 2. Short facts leading to this Rule are that on 03-07-2002, the opposite party as plaintiff instituted Family Suit No...... 22. 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: 14 MLR (HCD) (2009) 427. ......ummated. He adds that after considering evidence on record the learned Judge of the Court of appeal below rightly decreed the suit as a whole, which calls for no interference by this Court. 12. In order to appreciate the submissions advanced by the learned Counsels I have gone through the revisio...... 22. 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: 14 MLR (HCD) (2009) 427. ..Category: Family Law | Date: | Hits: 180
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....espondents Judgment January 1, 2011. Result: The application is dismissed. The Arbitration Act, 2001 (Act No. 1 of 2001); sections 2(ga), 2(ta), 3, 45, 46 and 47 From a combined reading of section 2(ga), 2(ta) and section 3 of the Arbitration Act, 2001, it is apparent that the in......ator in Singapore. 2. After preliminary hearing, this Court vide order dated 14-12-2009, admitted the application and served show cause notices regarding the properÂties in question and passed an interim order of injunction restraining the respondents No.3 and 4 from dealing with the properties ......of the Act …………………………………..(20) The Appellate Division already mentioned that the law as per section 3(1) and secÂtion 3(4) of the Act barring the Court from granting an order of injunction is limited and applicable to the arbitration being held in Bangladesh but not as....... Accordingly, the application under secÂtion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....tent for the majority to approve on behalf of the company..............................................(8) Cases Referred to- Foss Vs. Harbottle, (1843) 2 Hare 461. Lawyers Involved: AKM Badrudduza, Advocate - For the Petitioner. Raisuddin Ahmed, Advocate - For the Respondent Nos.2 an...... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ...... in its transaction of business with the 3rd parties or even in doing or ratifying an ultra vires act. In such circumstances section 233 has invested this Court with wide powers to pass approÂpriate orders as permitted by the clauses (a) (b) and (c) to sub-section (3) of section 233 of the Act. ...... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ..Category: Company Law | Date: | Hits: 129
Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)
....stance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. .....................(5) The Anti‑Terrorism Act, 1992; section 11 Satisfaction is the mental act and after being satisfied what is done is the result of that mental act. When learned Tribunal Judge ordered publication of the notification in the daily newspapers as prescribed in section 11 of ......e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ..Category: Criminal Law | Date: | Hits: 99
Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....eme Court High Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Tafazzul Islam J Mokbul Hossain Santu (Md.)………………………Petitioner Vs. Bangladesh and others………………………Respondents Judgment November 24, 1997. Result: ......702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ......ber 24, 1997. Result: The Rule is made absolute. The Arms Act, 1878 (Act No. IX of 1878); section 26 Under section 26 of the Arms Act, the District Magistrate is not empowered to issue an order for seizure of arms. Only the Government is empowered to seize arms of any person and to detai......702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ..Category: Criminal Law | Date: | Hits: 77
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....nt December 12, 2010. Result: The appeal is dismissed. Jurisdiction of the Artha Rin Adalat The Artha Rin Adalat Ordinance came into effect on 31-7-1989 establishing special Courts for adjudication of the recovery of loans claimed by the financial institutions. This Ordinance was repe......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......in consideration of the materials on record we are of the view that the appeal has no merit. No interferÂence is called for by this Court. 25. In the result, the appeal is dismissed withÂout any order as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send dow......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ..Category: Civil Law | Date: | Hits: 106
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