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Serajul Islam Vs. State, 1996, 25 CLC (HCD)

....w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......e Pachail, P.S. Nandigram, Dist. Bogra at present 308 (1) M H Hall, Jahanginagar University, Savar, Dhaka now detained in Dhaka Central Jail, calling upon the respondents to show cause as to why the aforesaid detenu should not be brought before this Court in order to satisfy itself that he is not be......w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......erred to- Abdul Latif Mirza Vs. Bangladesh, 31 DLR (AD) 1; Jahanara Begum Vs. State, 46 DLR 107; Hasina Karim Vs. Bangladesh, 44 DLR 366; Yeasmin Akhter, 15 BLD 655; IskandarLashker, 47 DLR 12. Lawyers Involved: Moudud Ahmed with S. M. Emdadul Hoque, Advocates ‑ For the Petitioner. AKM..

Category: Criminal Law | Date: | Hits: 127

International Finance, Investment and Commerce Bank Ltd. (IFIC Bank Ltd) Vs. Abdur Rahman and Others, 2012, 41 CLC (AD)

....roper appreciation of law and fact do not call for interference. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 208. ......ment And Commerce Bank Ltd. (IFIC Bank Ltd)….......Appellant Vs. Abdur Rahman and Others……………………………..Respondent Judgment April 8, 2012. Result: The Petition for Leave to Appeal is dismissed. Lawyers Involved: Shah M. Zahurul Huq, Advocate instructed b......roper appreciation of law and fact do not call for interference. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 208. ......k Ltd)….......Appellant Vs. Abdur Rahman and Others……………………………..Respondent Judgment April 8, 2012. Result: The Petition for Leave to Appeal is dismissed. Lawyers Involved: Shah M. Zahurul Huq, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-R..

Category: Civil Law | Date: | Hits: 174

Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)

..... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ......, in the light cast from an electric bulb, she noticed 15/16 persons lurking outside their house. When, she asked who they were, she was told that they were Sarbahara Party men and that they had come for contribution. Seven or eight of them then entered the house, including the accused appellants Du....... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ......allowed. Cases Referred to- Wahidunnabi Vs. Abdus Sattar, 36 DLR 200, Khalilur Rahman Vs. State, 41 DLR 385; Moazammel Huq Vs. State, 43 DLR 614; State Vs. M M Rafiqul Hyder, 45 DLR (AD) 13. Lawyers Involved: A K M Zahirul Huq with Rowshan Ara Begum, Advocates ‑ For the Appellants. ..

Category: Criminal Law | Date: | Hits: 132

Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)

....115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ......he remaining installments to the House Building Finance Corporation. The petitioner came to know about it from a letter from the House Building Finance Corporation and also from the newspaper and was forced to file on 19‑5‑82 a suit for cancellation of the General Power of Attorney, in the Court......115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ......tchutara Manna, AIR 1938 Madras 542; Shafiqure Hussain Vs. Abul Qasim, 1979 PLD (Karachi) 22; Pagla Truck Drivers Co‑operative Society and others Vs. Kazi Moslehuddin and others, 14 BLD (AD)193. Lawyers Involved: Zakir Ahmed, Advocate ‑ For the Petitioner. Not Represented ‑ For the Op..

Category: Civil Law | Date: | Hits: 132

Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)

....missed the Misc. Case. The appeal is, therefore, dismissed with­out any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......d 28.5.82 passed by the learned Subordinate Judge 3rd Court, Dacca in Miscellaneous case No.7 of 1977 arising out of money suit No.26 of 1974. 2. The respondent No.1 as plaintiff ins­tituted the aforesaid money suit No.26 of 1974 in the 3rd Court of Sub ordinate Judge. Dacca against the pro form......missed the Misc. Case. The appeal is, therefore, dismissed with­out any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......r Boksh Vs. Hussan Aara and others, PLD 1960 (W.P.) Peshawar 85; Asghar Hussain Vs. Vicarunnisa Begum, AIR 1961 Andha. Pra, 128; Gojraj Singh Vs. Suroj Bux Singh and another, A.I.R. 1945 Oudh 116. Lawyers Involved: Abul Quashem Bhuiyan - For the appellant.  Asrarul Hossain with Abdul A..

Category: Procedural Law | Date: | Hits: 143

Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)

....tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ......Court, Dhaka in Title Suit No.244 of 1999 decreeing the suit should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the suit land belonged to the minor defendant Hanif Sarder. His mo......tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ......6; 1 PLR Dhaka 627; Abdul Huq Vs. Md. Yusuf Khan, 78 IC 483; Archang Proshad Nandy Vs. Chilia Rashid and others, 1982 BLD (AD) 90; Mehem Hossain and others Vs. Nazrul Islam and others, 46 DLR 86. Lawyers Involved: Mahbbubey Alam with Mohd. Safar Ali - For the Petitioner. No one appears - F..

Category: Civil Law | Date: | Hits: 129

Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)

....bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......the prosecution firstly is to prove that the accused had dominion or control over the property which was also entrusted on him and he dishonestly or fraudulently misappropriated or converted the same for his own use or allowed any other person to do so…………………………………….(57) ......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......nder two or more enactments, then the offender shall be liable to be punished twice for the same offence under section 26 of the General clauses Act…………………………………….(69) Lawyers Involved: Anisul Hoque with Abdul Mazid Mullah and Sk. Baharul Islam - For the Appellants..

Category: Criminal Law | Date: | Hits: 109

Mongal Paita Perkhiddah College Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....d to pass a reasoned order within 1(one) month from the date of receipt of a copy of this Judgment. There is no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 481. ......le, in brief are: 3. On 01.06.2005, the principal of Mongal Paita Perkhiddah College, Mongal Paita under Police Station-Kaligon within the district of Jhenidah applied to the Ministry of Education for inclusion of the name of the above college in the list of the MPO for getting the Government por......d to pass a reasoned order within 1(one) month from the date of receipt of a copy of this Judgment. There is no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 481. ......¦â€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment April 23, 2007. Result: The Rule is made absolute. Case Referred to- Tafijul Huq Sarker Vs. Bangladesh and others, 3 BLC (AD) (1988) 135. Lawyers Involved: Md. Toufiq Inam - For the petitioner. Sufia Ahmed, Assistant Attorney-Genera..

Category: Others | Date: | Hits: 112

Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)

....other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......ded each other and committed an accident as a result of which two passengers died on the spot and many others were injured. Hearing about such accident, SI Amiruddin with constable Abdur Rouf started for the place of occurrence and they saw two dead bodies and also found two buses in broken conditio......other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......dgment July 30, 31, 2005. Result: The rule is made absolute. Cases Referred to- Abdul Bahar @ Abul Bahar and others Vs. The State, 5 BLD 84; Gaziur Rahman Vs. The state, 11 BLD 11. Lawyers Involved: A.K.M. Shamsul Karim - For the petitioners. Shamim Ara Dora Assistant Attorn..

Category: Criminal Law | Date: | Hits: 119

Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)

....aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174.......tional Bank Ltd. and others 16 BLD (AD) 250. Lawyers Involved: Nurul Islam Bhuiya, Advocate-on-Record - For the Petitioner. Not Represented – the Respondents. Civil Petition for Leave to Appeal No. 1581 of 2003. (From the judgment and order dated 17.6.2003 passed by t......aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174.......€¦â€¦.....Respondents Judgment July 30, 2005. Result: The petition is dismissed. Case Referred to: Guhlam Rahman vs. National Bank Ltd. and others 16 BLD (AD) 250. Lawyers Involved: Nurul Islam Bhuiya, Advocate-on-Record - For the Petitioner. Not Repre..

Category: Civil Law | Date: | Hits: 122

Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)

....9.10.1989 the same is discharged. There will be no order as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527.......ion of the respondent No.3, Naziur Rahman, Minister‑in‑charge of LGRD along with some other employees of the Revenue Department of Dhaka WASA were punished on the recommendation of the petitioner for preparing bills for lesser amounts in respect of M/s. Phoenix Fabrics Ltd. and other holdings by...... Similarly in the case of Khandker Moshtaque Ahmed Vs. Bangladesh reported in 34 DLR (AD) 222 the Appellate Division found that institution of proceedings against the said appellant in the Special Martial Law Court was for ulterior purpose and malafide in the facts and circumstances of those case......unjab, AIR 1964 (SC) 72, Vice‑Chairman, EP Management Board Vs. Ghulam Nabi, 27 DLR (AD) 156; Abdur Rouf Vs. Abdul Hakim, 17 DLR (SC) 515; Khondkar Moshtak Ahmed Vs. Bangladesh, 34 DLR (AD) 222. Lawyers Involved: Mahmudul Islam with Israil Hossain, Advocates -For the Petitioner (In both the ..

Category: Employment/Service Law | Date: | Hits: 231

Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209.......be declared to be void and to have been issued without lawful authority and is of no legal effect. In Writ Petition No.2241 of 1999 the impugned order Annexure-H which was issued on the basis of the aforementioned clause 3 (Ga) is challenged for being without lawful authority and is of no legal effe......ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209....... 27; Erusian Equipment and Chemicals Ltd Vs. the State AIR 1975 (SC) 226; Rasbihari Panda Vs. State of Orissa AIR 1969 (SC) 1081; Ramana Vs. Authority of India AIR 1979 (SC) 1628; 41 DLR (AD) 30. Lawyers Involved: Abdul Wadud Bhuiyan with Syed Mokaddas Ali, Advocates—For the Petitioner. ..

Category: Others | Date: | Hits: 170

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

....titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357.......owdhury, Advocate - For added-Respondent Nos. 11-14. Writ Petition No. 3025 of 1996 with Writ Petition Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of fac......titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357.......1998. Result: All the Rules are made absolute. Cases Referred to- Mujibur Rahamn Vs. Government of Bangladesh, 44 DLR 111; Bangladesh Vs. Saifuddin Ahmed, 50 DLR (AD) 27; 3 BLC (AD) 6. Lawyers Involved: M Amir-ul Islam, Advocate - For the Petitioner AM Aminuddin, Assistant Attor..

Category: Employment/Service Law | Date: | Hits: 186

Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)

....the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ......y Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. Rafique-ul Huq, Senior Advocate instruct­ed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Civil Petition for Leave to Appeal No. 139 of 2009. (From the order dated the 1st day of December, 2008 passe......the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ......stry of Finance and others……..Petitioners Vs. CMA CGM Bangladesh Shipping Limited……………...Respondent Order January 28, 2009. Result: Leave is granted. Lawyers Involved: Mahmudul Islam, Senior Advocate instructed by Ferozur Rahman, Advocate-on-Re..

Category: Administrative Law | Date: | Hits: 318

Jamaluddin (Md.) Vs. Income Tax Appellate Tribunal, Chittagong Branch, Chittagong, 1997, 26 CLC (HCD)

....ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 279. ......be without lawful authority and of no legal effect and why he should not be directed to entertain and hear and dispose of the said appeal. 2. It appears that petitioner submitted income tax return for assessment for the year 1987‑88 depositing income tax under section 74 of the Ordinance. There......ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 279. ......……………Respondent Judgment January 14, 1997. Result: The Rule is made absolute. Cases Referred to- 21 DLR (WP) 36; Colonial Sugar Refining Company Vs. Irving, (1905) AC. Lawyers Involved: Syed Istiaq Ahmed with Adilur Rahman, Advocates ‑ For the Petitioner. No o..

Category: Fiscal/Taxation Law | Date: | Hits: 221

Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)

.... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ......d to have been passed without any lawful authority and of no legal effect. All the Rules having involved common question of fact and law are being disposed of by this Judgment. 2. Learned Advocate for the petitioner after placing the petitions and other materials on record submitted that the Gove......pugned order let us first consider whether the impugned order is without lawful authority or not. It has already been noticed that director/managing director of each of the Rules was convicted by the Martial Law Court and sentenced to different terms of imprisonment and fined to pay different amount......e Secretary, Ministry of Food, Bangladesh Secre­tariat, Dhaka & others……………………………Respondents Judgment December 2, 1996. Result: All the Rules are discharged. Lawyers Involved: Md. Rafiqul Islam, Advocate ‑ For the Petitioner. AM Aminuddin, Assistant ..

Category: Others | Date: | Hits: 146

Bangladesh Water Develop­ment Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)

....re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ......angladesh Water Development Board figured as 2nd party in the said Misc. case. Petitioner Bangladesh Water Development Board through its Executive Engineer, O & M. Division‑II, floated a tender for construction of 8 Vent RCC Pipe Sluice Gate at 13.65 Km of Greater Dhaka City Flood Protection E......re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ......nt Board....................Petitioner Vs. Zakir Construction and Co. and another.....................Opposite Parties Judgment November 16, 1995. Result: The Rule is discharged. Lawyers Involved: Tufailur Rahman with Md. Ferozur Rahman, Advocates ‑ For the Petitioners. ..

Category: Alternative Dispute Resolution | Date: | Hits: 521

State Vs. Abul Howlader, 1995, 24 CLC (HCD)

....rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......ith Jail Appeal No.1251 of 1992. Judgment Qazi Shafiuddin J.- This reference under section 314 CrPC being Death Reference No.19 of 1992 has been submitted by the learned Sessions Judge, Barisal for confirmation of the death sentence passed in Sessions Case No.5 of 1992 against accused Abul How......rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......ul Howlader…………………………Respondents Judgment June 11, 1995. Result: The reference is rejected. The jail appeal is dismissed. Case Referred to- AIR 1977 SC 45. Lawyers Involved: Amirul Kabir Chowdhury, Deputy Attorney-General ‑ For the State. Not Repre..

Category: Criminal Law | Date: | Hits: 97

British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)

....e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ...... Ltd. is a Private Limited Company registered under the Companies Act. By an agreement dated April 18, 1980, the petitioner British Airways Plc appointed the opposite party as its General Sales Agent for the district of Sylhet on terms and conditions mentioned in the agreement and by a subsequent am......e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ......any of North America, (1987) 1 Indian Supreme Court Cases 496; Messrs Haji Azam Vs. Singleton Binda and Co. Ltd., 27 DLR 583; MV Aghia Thalassini and others Vs. Abu Bakr Siddique, 32 DLR (AD) 107. Lawyers Involved: Shamsuddin Chowdhury with Sigma Huda, SAM Mahbub Elahi, Ms. Tamanna Rahman, Adv..

Category: Alternative Dispute Resolution | Date: | Hits: 304

Khorshed Alam Vs. State & others, 1982, 11 CLC (HCD)

....ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401.......ry shop at Paranganj Bazar within the jurisdiction of Bhola police station and his son aged 15 years used to run the shop and stay there during night. On 22.1.80, the date of occurrence, his son left for the shop after taking his meal at 7 P.M. At about midnight, the petitioner's co-villagers Sultan......ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401.......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite-Party Judgment November 2, 1982. Result: The rule is made absolute. Cases Referred to- Suruj Meah and others Vs. Rahim Ullah and others, 33 DLR 8. Lawyers Involved: Md. Abdus Sobhan with Khan Saifur Rahman - For the Petitioner. Moazzem Hossa..

Category: Procedural Law | Date: | Hits: 100