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Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....ds along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......dvocate - For the opposite party No.1. Civil Revision No. 3861 of 1994. Judgment Md. Emdadul Haque J.- The unsigned Judgment earlier pronounced in this case on 22-2-2011 has been recalled by order dated 6-3-2011 and a fresh Judgment is delivered as follows: 2. This revisional application......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
.... Ahmed J Md. Shahidul Islam………………………Petitioner Vs. Most. Anwara Begum………………………Opposite party Judgment September 11, 2007. Result: The Rule is made absolute. Muslim marriage is a socio-religious contract between a man and a woman and as such......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......75 of 2004 modifying the decretal amount of Tk.2,00,001/- to half of the aforesaid as Dower Money and to pay Tk. 1500/- per month as maintenance should not be set aside and / or such other or further order orders passed as to this court may seem fit and proper. 2. Facts necessary for disposal of ......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ..Category: Family Law | Date: | Hits: 140
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
....slam Talukder J Foyez Ahmed……………………………Petitioner Vs. State……………………………….Opposite-Party Judgment April 18, 2012. Result: The Rule is made absolute. The Mobile Court Ain, 2009 (Act No. LIX of 2009) The Mobile Court Ain, 2009 is ...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......owdhury J.- On an appliÂcation under section 561A of the Code of Criminal Procedure, 1898 filed by the petitioner, a Rule was issued calling upon the State-opposite-party to show cause as to why the order of conviction and sentence dated 8-2-2011 passed by the Upazilla Nirbahi Officer and Executive...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ..Category: Criminal Law | Date: | Hits: 81
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....t's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ...... reversing those of dated 14.09.1995 passed by the learned senior Assistant Judge, Moheshpur Jhenaidah, in Title Suit No.155 of 1985, decreeing he suit, should not be set aside and or pass such other order suit, should not be set aside and or pass such other order or further order or orders as to th......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ..Category: Procedural Law | Date: | Hits: 114
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
....d. Case Referred to - Moshfiqul Islam Bilu Vs. the state, 52 DLR 593. Lawyers Involved: Md. Kalimullah Mazumder, Advocate - For the appellant in Criminal Appeal No.2224 of 2002. Mohammad Ali, Advocate - For the appellant in Criminal Appeal No.2210 of 2002. Md. Abdul Jabbar Bhuiyan...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ......ppeal No.2224 of 2002 at the instance of convict appellant Ujjal and Criminal Appeal No.2210 of 2002 at the instance of convict-appellant Golam Rasul alias Mamun are directed against the Judgment and order of conviction and sentence dated 6.7.2002 passed by the Metropolitan Special Tribunal No.9, Dh...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ..Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....udgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......fatal. The statements of witnesses will be of grant use to test the value of the evidence in Court. A copy of the FIR should accompany the dead body and should find reference in the inquest report in order to lend support to the prosecution case and be indicative of the fact that the prosecution sto......id not find any mark of violence in the tea stall. He examined four persons including Nurul Alam and Barek but there is no name in the dairy who identified them and who produced them. After 3 days of anticipatory bail of Abul Kalam he arrested Abul Kalam under Section 54 of the Code of Criminal Proc..Category: Criminal Law | Date: | Hits: 89
....al Original Jurisdiction)
Present:
AHM Shamsuddin Chowdhury J
Md. Delwar Hossain J
S.M. Ahsan Kabir……………Petitioner
Vs.
Election Appellate Tribunal (Upazilla Election Parishad) and others……………Respondents
Judgment
June 10, 2010.
Result:
The Rule is d......ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
......
Result:
The Rule is discharged.
The Upazilla Parishad (Election) Rules, 1999, Rule 60
Whether the Election Appellate Tribunal is authorized to entertain an appeal against an interlocutory order passed by the Election Tribunal?
An appeal may be preferred to the Election Appellate Tribu......ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
..
Category: Election Law | Date: | Hits: 600
Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)
....tu………………………Petitioner Vs. Joint District Judge, 3rd Court Tangail and others………………………Respondents Judgment February 4, 2010. Result: The Rule is made absolute. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003); section 33 After the ins......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......sequent steps for issuance of certificate and possession to the decree holder may be taken if the decree holder bank prays so. In the absence of filing of application for execution of the decree, the order of the court for issuing certificate of transfer the mortgaged property for realizing the decr......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ..Category: Civil Law | Date: | Hits: 174
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
....n J Azam Ali and another………………………Petitioners Vs. Akram Ali and others………………………Opposite parties Judgment April 13, 2010. Result: The Rule is made absolute. After closer of the plaintiff witness the defendant can examine witness or adduce ......of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......e dated 26.9.2002 (decree drawn on 2.10.2002) passed by the learned Senior Assistant Judge (In-charge), Fourth Court, Dhaka in Title Suit No.251 of 2001 should not be set aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. At the time of issu......of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ..Category: Procedural Law | Date: | Hits: 99
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....nd to prove every link in the chain of eviÂdence against the accused from the beginning to the end in a cogent manner, subject to the exception in section 105 of the Evidence Act where an accused pleads certain mitigating circumstances exits. Nevertheless, the proseÂcution must establish the charg...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......er section 304 part-1 of the Penal Code, the only alternative available to the prosecution to sustain the charge is to depend on circumstantial evidence. The settled law on circumstantial evidence in order to sustain a conviction on circumstantial evidence alone there must exist an unbroken and well...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..Category: Criminal Law | Date: | Hits: 84
....pellate jurisdiction)
Present:
Md. Arayes Uddin J
Md. Abu Tariq J
M/s. ERRIA Shipping Pte Ltd. and another……………………………Appellants
Vs.
M/s. Lever Brothers (Bangladesh) Ltd……………………………Respondent
Judgment
February 11, 2009.
Result:
......6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
......the suit is dismissed.
13. For the reasons stated above and having regard to facts and circumstances the case, we find merit in this appeal.
14. In the result, the appeal is allowed without any order as to cost. Impugned Judgment and decree dated 28.06.89 passed in Money Suit No.06 of 1980 is ......6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
..
Category: Admiralty Law or Maritime Law | Date: | Hits: 486
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
....Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......rt should not be cancelled. 2. It appears from the office note dated 16‑11‑96 that notice of the Rule was duly served upon accused‑opposite‑party Abdul Momin Sarder. In view of the same by order dated 25‑2‑98 the Rule was fixed for hearing on 9‑3‑98 in presence of the learned Advo......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ..Category: Criminal Law | Date: | Hits: 87
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
....umber of witnesses shall in any case be required for the proof of any fact, a Judge may convict an accused solely on the basis of the unimpeachable and unshaken evidence of the officer or person who made the search and seizure disbelieving the evidence, if any, of any witness of search and seizure h...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ......nd circumstances each case, a judge certainly may disbelieve a witness of search and seizure if it appears to him that he is deliberately making obliging statements in favor of the accused falsely in order to save him from legal punishment. In view of the provision of section 134 of the Evidence Act...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ..Category: Criminal Law | Date: | Hits: 92
.... Industries Ltd…………..Petitioner
Vs.
Commissioner, Customs, Excise and VAT Commissionerate and others………………Respondents
Judgment
May 13, 2007.
Result:
The Rule is made absolute without any order as to cost.
The Value Added Tax Act, 1991 ( Act No. XXII of 1991);......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
......€¦..Petitioner
Vs.
Commissioner, Customs, Excise and VAT Commissionerate and others………………Respondents
Judgment
May 13, 2007.
Result:
The Rule is made absolute without any order as to cost.
The Value Added Tax Act, 1991 ( Act No. XXII of 1991); sections 37, 55(1)
Th......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
..
Category: Fiscal/Taxation Law | Date: | Hits: 131
....l Original Jurisdiction)
Present:
SAN Mominur Rahman J
Md. Arayes Uddin J
Engineer Mahmudul Islam and others..............Petitioners
Vs.
Government of the People's Republic of Bangladesh and others...........Respondents
Judgment
November 26, 2002.
Result:
The Rule is m......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
...............Petitioners
Vs.
Government of the People's Republic of Bangladesh and others...........Respondents
Judgment
November 26, 2002.
Result:
The Rule is made absolute without any order as to costs.
It is to be presumed that all actions taken by the government officials are i......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
.... and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......and Md. Zakaria Sarker, Assistant Attorney-General - For the respondents. Writ Petition No.6768 of 2001. Judgment Mohammad Abdur Rashid J.- The above Rule Nisi was obtained against an order dated 30.09.2001 passed by or on behalf of respondent No.1, the National Board of Revenue, in ......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....e respondent No.2. Writ Petition No.5979 of 2005. Judgment Sheikh Abdul Awal J.- This Rule was issued on an application under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon to show cause as to why the impugned Order No.65 dated 02.07.2005 passed by the r......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ......etitioner Vs. The Judge, First Artha Rin Adalat, Chittagong and others………………….Respondents Judgment May 6, 2008. Result: The Rule is discharged with observation. In order to determine the question whether the provision is mandatory or directory, it is the duty of t......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ..Category: Civil Law | Date: | Hits: 136
Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)
....ol duty on 9.01.1996 and while the police at about 1.45 A.M reached at Bheudibi bridge under Dhamrai Police Station found some dacoits were in action to commit dacoity upon one Abdul Malek, a cloth trader. Police caught hold 3(three) person including the appellants red handed and on interrogation, t...... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ......y-General -For the respondent. Criminal Appeal No.3608 of 2000. Judgment Md. Abu Tariq J.- This criminal appeal is directed at the instance of the convict-appellants against the judgment and order of conviction and sentence dated 14.11.2000 passed by the learned Additional Sessions Judge, 7...... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ..Category: Criminal Law | Date: | Hits: 86
.... 13 MLR (HCD) (2008) 405.
......he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
......tion of the rules or procedures, mala fide and arbitrariness. Civil Court under section 9 of the Code of Civil Procedure is competent to entertain a suit and can well investigate the propriety of the order or action complained of. Civil Courts always can assume jurisdiction to consider the mala fide......he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....lusive possession in the suit land……………………….(9) Whether a deed is genuine or not cannot be decided in a simple suit for permanent injunction. More over there is no scope to frame additional issue after the suit is remanded for retrial for deciding genuineness or otherwise of a r......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ...... the case having been concluded on finding of facts as such no interference is called for under Section 115(1) of the Code of Civil Procedure. 18. In the result, the Rule is discharged without any order as to cost. 19. The order of status-quo in respect of possession of the suit land granted e......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ..Category: Civil Law | Date: | Hits: 94
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