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Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... in the meantime, if so advised. The applications for addition of party filed by the different applicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ......ladesh and others Vs. Government of Bangladesh, (2009) 17 BLT (AD) 455; Rural Litigation and Entitlement Kendra Vs. UP and Others, AIR 1985 SC 652; M.C. Mehta VS. Union of India, AIR 1997 SC 734. Lawyers Involved: Rafique-ul Huq, Abdul Basel Majumder, Mahmudul Islam, Rokanuddin Mahmud - For t...... in the meantime, if so advised. The applications for addition of party filed by the different applicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ..

Category: Environmental Law | Date: | Hits: 731

Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)

.... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ......gment January 7, 2010. Result: The Rule is disposed of with the modification of the sentence. Case Referred to- Jahangir Alam (Mohammad) alias Jakir Vs. The State, 56 DLR (AD) 217. Lawyers Involved: S.M. Abdur Rouf, Advocate - For the petitioner. Md. Ensan uddin Sheikh, Ass...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ..

Category: Criminal Law | Date: | Hits: 81

State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)

....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be com­municated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......istry Vs. State, 5 BLD (AD) 301; State Vs. Ful Mia, 5 BLC (AD) 41; Sirajuddin Vs. State, AIR (38) 1951 Allahabad 834; Md. Abdul Ali Vs. State, 20 BLD 327 = 6 BLC; State Vs. Mofizuddin, 24 BLD 481. Lawyers Involved: MA Mannan Mohon, Deputy Attorney-General with Mahabub-ul-Alam, Assistant Attorn......arned Additional Sessions Judge, Cox's Bazar for confirmation of sentence of death award­ed by him upon the accused Nos.1 to 8 convicting them under section 396 of the Penal Code by the Judgment and Order dated 19-3-2006 passed in Session Case No.12 of 2001, Criminal Appeal Nos. 2785 of 2011, 2783 ..

Category: Criminal Law | Date: | Hits: 158

Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)

....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ...... and ADC (Rev), 1983 BCR 225; Md. Ashraf Ali Vs. Fatique Chandra Sana, 1983 BLD (AD) 315; Fazar Ali Tendal Vs. Fazal Miah, 12 BLD (AD) 203; Nagendra Chandra Sarker Vs. Aftabuddin, 15 BLD (AD) 135. Lawyers Involved: AJ Mohammad Ali Advocate - For the Appellant No.K (In First Appeal No.99 of 199......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ..

Category: Property Law | Date: | Hits: 83

Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)

....ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ...... Court Division to exercise its inherent power in a proper case and direct trial notwithstan­ding the provisions as to conclusion of trial within a specified time…………………………(5) Lawyers Involved Mahbubur Rahman, with Sharifuddin Chaklader - For the Petitioner.  Abdul...... 47 of 1984. Judgment ATM Afzal J.- This Rule, at the ins­tance of the informant-petitioner, was issued upon the Deputy Commissioner, Narsingdi and other Opposite-parties to show cause why the Order dated 24.9.84 passed by the Additional Sessions Judge, Second Court, Dhaka in Sessions case No..

Category: Procedural Law | Date: | Hits: 102

Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)

....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......anuary 28, 2003. Result: The Criminal Appeal No.966 of 1993 is allowed. Cases Referred to- State Vs. Lalu Mia, 39 DLR (AD) 117; Sk Shamsur Rahman @ Shamsu Vs. State, 1990 BLD (AD) 251. Lawyers Involved: Kazi Shahadat Hossain, with ASM Ahsan Kabir Chowdhury, Advocates-For the Appell......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ..

Category: Criminal Law | Date: | Hits: 93

Intertek Testing Services International Limited and others Vs. National Board of Revenue, Dhaka & others, 2003, 32 CLC (HCD)

....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ...... Cases Referred to- Oriental Bank Corporation Vs. Henry B Wright, Appeal Cases Vol. V Privy Council 842; Megh Raj Vs. Rupchand Uttam Chand through Diwan Chand, AIR 1946 Lahore (FB) 280, 281; Lawyers Involved: Dr. Kamal Hossain with Salahuddin Ahmed, Ramjan Ali Sikder and Tanjib‑ul Alam......ent have been satisfactorily carrying on their works and receiving payment thereof without any withholding or deduction of any money on account of VAT. It was agreed upon that Pre-shipment Inspection Order 1999 being SRO 316-Law/99/1807/Customs dated 19‑10‑1999 (as modified by SROs dated 29‑1..

Category: Fiscal/Taxation Law | Date: | Hits: 119

Tabibullah and others Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 393. ......atwary and others, (1986) 38 DLR AD 308; Bashir Ahmed and others Vs. Ghulam Ali and others, 1991 SCMR 1656; Babor Ali Pramanik and others Vs. Mesar Ali Pramanik and others, (1994) 14 BLD (AD) 235. Lawyers Involved: M.A. Jabbar, Advocate - For addition of opposite parties. Md. Nurul Amin wit......Decree is dated 12.11.1991. E. First-defendant, Government of The People's Republic of Bangladesh having been aware of ex parte Judgment and Decree passed in Title Appeal bestowed a Petition under Order 41 Rule 21 of The Code of Civil Procedure for rehearing of the appeal. The said Petition had b..

Category: Property Law | Date: | Hits: 82

Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)

....ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ......offence unless reasons are found by the Court to take the decision otherwise.……………………………………(5) Case Referred to- Manjurul Hoque @ Monju Vs. The State, 14 BLD 604. Lawyers Involved: Md. Abdur Razzaque, Advocate - For the appellant. Md. Mamunor Rashid, Assist......ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ..

Category: Criminal Law | Date: | Hits: 92

Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)

....akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ...... Judgment October 30, 2007. Result: The Rule is discharged. Cases Referred to- M. Liaqat Hossain Vs. Vinay Prokash and another, AIR (33) (1946) P.156; In Re Gulabchand Rupaji, Indian Law Report vol. XLIX (Bombay Series), Page-799; Md. Muslim Khan Vs. State, 38 DLR (AD) (1986), 60; J......akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ..

Category: Property Law | Date: | Hits: 122

Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)

....the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ......reasons given by the Court decision of which is under appeal would ordinarily suffice…………………………………………(10) Cases Referred to- 11 MLR (HC) 92; 34 DLR (HC) 127. Lawyers Involved: Md. Sajjad Ali Chowdhury with Abul Kashem Sarker, Advocates - For the petitione......the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ..

Category: Procedural Law | Date: | Hits: 115

Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)

....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......ut to be concluded under section 138 of the Negotiable Instruments Act, 1881. Cases Referred to- Noor Alam Vs. State, 7 BCR (AD) 165; AB Siddiqur Rahman Vs. AM Harunur Rashid, 3 BLT (AD) 64. Lawyers Involved  SB Bhandary, Advocate — For the Petitioner. Md. Khurshid Alam Khan wi......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ..

Category: Procedural Law | Date: | Hits: 128

Mahbubul Alam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Information and others, 2009, 38 CLC (HCD)

....writ petition is not maintainable. In view of the discussions as made above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 728. ......LR (AD) 111; Ferdous Ara Chowdhury Vs. Bangladesh, 4 MLR (AD) 359 = 3 BLC (AD) 213; Bangladesh Vs. Md. Faruque, 51 DLR (AD) 112; Delowar Hossain Vs. Bangladesh, 52 DLR (AD) 120 and 5 BLC (AD) 134. Lawyers Involved  Abdur Rob Chowdhury with Salauddin Dolon, Advocates — For the Petitioner......writ petition is not maintainable. In view of the discussions as made above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 728. ..

Category: Administrative Law | Date: | Hits: 494

Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)

....rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......itation will run from the date of knowledge and not from the date of execution of the disputed document………………..(8) Cases Referred to- 28 DLR (AD) 5; AIR (Nagpur) 550; 44 DLR 79. Lawyers Involved: Md. Hassan Ali, Advocate — For the Petitioners. Biswajit Roy, Advocate —......n joinder or mis-joinder of parties was not taken at the earliest possible opportunity such objection cannot be taken subsequently and such right of the defendant shall be deemed to have been waived. Order I, rule 9 of the Code of Civil Procedure provides that no suit shall be defeated by reason of ..

Category: Administrative Law | Date: | Hits: 452

Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)

....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ......n out of chaff. A Judge does not preside over a criminal trial merely to see that no innocent person is punished. A judge also presides to see that guilty man does not escape. Both are public duties. Law therefore, cannot afford any favor other than the truth and only truth……………………......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ..

Category: Criminal Law | Date: | Hits: 74

Abdul Kader Bhuiyan and 17 others Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

.... without any order as to costs. The order of status quo granted at the time of issuance of the Rules is hereby vacated. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 28. ......va Vs. Bangladesh, 1999 BLD (AD) 87 = 51 DLR (AD) 84; Bangladesh Vs. Abdul Wahab Mia, 2001 BLD (AD) 94 = 4 BLC (AD) 1; Bangladesh Vs. Samondra Narayan Mahajan, 2006 BLD (AD) 145 = 11 BLC (AD) 226. Lawyers Involved: Md. Asadullah with Md. Helal Uddin Mollah, Advocates — For the Petitioners (I......as been made to Title Suit No. 809 of 2008 in the supplementary affidavit of respondent No. 5 dated 8-4- 2008. It is specifically stated that the plaint of the said title suit has been rejected under Order VII, rule 11 of the Code of Civil Procedure by the Joint District Judge, 6th Court, Dhaka by t..

Category: Property Law | Date: | Hits: 121

Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)

....he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......an Vs. Guest, 1942 AC 561, 566; Kanta Kathuria (Smt) Vs. Nanak Chand Surana (1969) 3 SCC 258 SS; Inamdar Vs. AS Andhra Pradesh, (1971) 3 SCC 870; Karbhari Bhimaji Vs. Shanker Rao, AIR 1975 SC 575. Lawyers Involved: Khondker Mahbubuddin Ahmed with Md. Ruhul Kuddus with Toufiq lnam. Advocates ......t further goes to fortify the proposition that Dhaka City Corporation is not a statutory public authority, as such disqualification clause under article 12 (1) (c) of the Representation of the People Order, 1972 cannot be made applicable to the petitioner. The learned Advocate also submits that ever..

Category: Constitutional Law | Date: | Hits: 466

Chittagong Chamber of Commerce and Industry and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... costs. The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 341. ......to destroy any statutory provision or to render it otiose……………(32) Cases Referred to- Canada Sugar Refining Co Vs. R (1898) AC 735; Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006. Lawyers Involved: Dr. M. Zahir with Mahbub Shafique - For the petitioner (In Writ Petition No.166...... costs. The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 341. ..

Category: Others | Date: | Hits: 107

ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)

....The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ...... 12, 1997. Result: The Rule is made absolute. Cases Referred to- Bangladesh vs. Mirza Shahab Ispahani, 40 DLR (AD) 116; Bond vs. The Overseers of the Parish of St. George, Hanover Square, Law Reports, Court of Common Pleas, Vol VI 1871 312. Lawyers Involved: Dr. Kamal Hossain with ......iament, and no special electoral roll shall be prepared so as to classify electors according to religion, race, caste or sex.” 5. Pursuant to Article 122 of the Constitution, the Electoral Rolls Order, 1972 was promulgated on 29 August, 1972 making provisions for preparation of electoral roll a..

Category: Constitutional Law | Date: | Hits: 386

Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)

....eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ...... Corporation Vs. National Metal Craft, AIR 1981 (Delhi) 189; Indian Hosiery Works Vs. Bharat Woollen Mills, AIR 1953 (Cal) 488; Thawards Pherumal and another Vs. Union of India, AIR 1955 (SC) 468. Lawyers Involved: Abdul Wadud Bhuiyan with SM Fazlul Huq, Advocates-For the Appellant. Khonda......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ..

Category: Alternative Dispute Resolution | Date: | Hits: 543