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Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)

.... hereby set aside. Let the appellant Md. Rezaul Karim alias Rezaul Alam, Rikshawa, Shipahi No. 47855, son of Shiperuddin, village‑Horine, Police Station‑Bagha, District‑Rajshahi, at present 31, Bangladesh Rifles Battalion, Chapainawabganj, Police Station and District‑Chapainawabganj, be set ......t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of­ this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ......ate, 27 DLR (AD) 29; Babar Ali Mollah Vs. State, 44 DLR (AD) 10; State Vs. Mukhtar Ali and another, 10 DLR 155; Emran Ali alias Md. Emran and others Vs. State, 37 DLR. Lawyers Involved: Md. Lutfor Rahman Mondal with KM Zahid Sarwar, Advocates‑ For the Appellant. ABM Waliur Rahman Khan, A......t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of­ this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ..

Category: Criminal Law | Date: | Hits: 71

Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)

.... aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......gment and are disposed of by this single judgment. 2. The opposite party No. 1 (in both the Rules) filed Title Suit No. 144 of 1975 in the court of Subordinate Judge, 3rd court, Dhaka, on 3-9-1975 for declaration that the letter dated 25‑8‑1975 issued by the defendant No. 1 cancelling his le......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350...

Category: Property Law | Date: | Hits: 122

State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)

.... Opposite Parties. Criminal Miscellaneous Case No.504 of 1992. Judgment Md. Mozammel Hoque J.- This suo moto Rule was issued directing the Secretary, Ministry of Home Affairs, Government of Bangladesh, Deputy Commissioner, Satkhira, Superintendent of Police, Sathkira and the Jailor, Satkhi......y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......t of Bangladesh, Deputy Commissioner, Satkhira, Superintendent of Police, Sathkira and the Jailor, Satkhira Jail, Satkhira, to show cause as to why the detenu Md. Nazrul Islam should not be brought before this Court to be dealt with in accordance with law and to show cause under what authority they ......y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ..

Category: Criminal Law | Date: | Hits: 97

Power Grid Company of Bangladesh Ltd. Vs. Rowshon Ara Begum and others, 2011, 40 CLC (AD)

....endra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Power Grid Company of Bangladesh Ltd…………………......Petitioner Vs. Rowshon Ara Begum and others………â......ation of the paper book is dis­pensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 558. ......or the Petitioner. A. F. Hasan Ariff, Senior Advocate instruct­ed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent Nos. 1 and 2. Not represented-Respondent Nos. 3-9. Civil Petition for Leave to Appeal No. 685 of 2010. (From the judgment and order dated 07.12.2009 passed by the ......ation of the paper book is dis­pensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 558. ..

Category: Property Law | Date: | Hits: 81

M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)

....d Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J M/S. Rupanti Enterprise…………..............Petitioner (In both the cases) Vs. Unilever Bangladesh Limited and others………………...Respondents (In both the cases) Order June 2......nd respondent No.1 shall file the concise state­ment within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ......ahmud, Senior Advocate instructed by Ashrafuzzaman Khan, Advocate-on-Record-For Respondent No.1. (In both the cases) None represented-For Respondent Nos.2-55 (In both the cases). Civil Petition for Leave to Appeal Nos. 903-904 of 2011. (From the judgment and order dated the 11th day of Jun......nd respondent No.1 shall file the concise state­ment within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ..

Category: Fiscal/Taxation Law | Date: | Hits: 168

Shahidullah and others Vs. State, 1991, 20 CLC (HCD)

....ket in Mitford Area and on receipt of the information he laid a trap and as a part of the trap he sent constable Mujibur Rahman with Tk. 5000.00 to buy Phensidyl Syrup which is contraband medicine in Bangladesh. This Mujibur Rahman bought 100 vials of Phensidyl packed in two cartons from the accused......he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ......l by his judgment dated 27.11.89 found the appellant guilty of the accusation under section 25B(2) of the Special Powers Act and convicted and sentenced the appellants to suffer rigorous imprisonment for 3 (three) years and to pay a fine of Tk. 5000.00 in default to suffer rigorous imprisonment for ......he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ..

Category: Criminal Law | Date: | Hits: 60

Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)

....d in superior position in matters of control, management of Record of Rights as vested under Rule 44 of the State Acquisition & Tenancy Rules. The Respondent No.1 Director General of Land Records Bangladesh has exceeded his power in entertaining and disposing of the second review petitions revie......ame of the said Abdur Rahman. On his death, the respondent Nos. 2‑5 were in possession of the case land as his heirs. That while in such possession they sold the land in favour of Jalalabad Housing Society and delivered possession to the said Society. As against the order the petitioner filed an a......oners and others filed an appeal case against his objection Case No.139 dated 15.10.1980. The appeal case was numbered as Appeal case No.25187/81. The appellate authority after complying with the due formalities and after obtaining the Survey Report and hearing the parties allowed the appeal and dir......assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ..

Category: Property Law | Date: | Hits: 73

AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)

....llowed. Cases Referred to- Abdul Hye Vs. State, 20 DLR 407; Abdul Jabbar @ MA Jabbar Vs. State, 37 DLR 278; 20 DLR 587; Abdul Kader Talukdar Vs. StateMohammad Sarwar Vs. State, 21 DLR (SC) 182; Bangladesh Vs. Abdur Rahman, 1982 BCR 367; Abdul Jabbar Vs. The State, 37 DLR 278; Emperor Vs. Anwar......lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......ional Special Judge found this convict‑appellant guilty of the charge under section 161 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced the appellant to suffer imprisonment for 1 (one) year and to pay a fine of Tk. 3000.00, in default to suffer imprisonment for a further p......lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626...

Category: Criminal Law | Date: | Hits: 90

Kazi Shafiul Nasher Vs. Secondary and Higher Secondary Education Board, Jessore and others, 1991, 20 CLC (HCD)

....Board reserved the authority to change, correct or cancel the publication. One Abdur Rahman of Tootpara, Khulna on behalf of the citizens of Khulna city sent a representation to the then president of Bangladesh challenging the correctness of the said first inquiry report and prayed for further enqui......ayer in disposing of a matter under Article 102 of the Constitution. The Rule is therefore discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 619.......sful standing first in order of merit in the said Board. Thereafter, he got himself admitted as a student of 1st year HSC (Science) in Dhaka College and had been prosecuting his studies and filled up forms to sit for the HSC Examination from Dhaka College, Dhaka. Before the SSC Examination the fathe......ayer in disposing of a matter under Article 102 of the Constitution. The Rule is therefore discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 619...

Category: Civil Law | Date: | Hits: 159

Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)

....l) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Globe Bruges Ltd………………………………………………........Petitioner Vs. Arab Bangladesh Bank Ltd. And others…………………..Respondents Judgment January 6, 2011. ......e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......nt Nos.4 & 5. Syed Amirul Islam, Senior Advocate, instructed by Zohirul Islam, Advocate-on-Record-For Respondent No.7. Not Represented-For Respondent Nos. 3-6 & 8-10. Civil Petition for Leave to Appeal No. 548 of 2010. (From the judgment and order dated 7.1.2010 passed by the Hi......e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ..

Category: Civil Law | Date: | Hits: 93

Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)

....d gross illegality resulting occasioning of failure of jus­tice; II. Because it is settle principle of law as have been enunciated by the Hon'ble Appellate Division in the case of Abul Bashar Vs. Bangladesh reported in 50 DLR (AD) at page 11 and in case of Brahmanbaria Pourashava Vs.Government o......le". Security of Tk. 1000/- is to be deposit­ed within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ...... by Muhammad Nawab Ali, Advocate-on-Record-For the Petitioner. Zainal Abedin, Advocate-on-Record-For the Respondent No.9. Not represented-For the Respondent Nos.1-8 and 10-13. Civil Petition for Leave to Appeal No. 638 of 2009. (From the judgment and order dated 18th January, 2009 passe......le". Security of Tk. 1000/- is to be deposit­ed within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ..

Category: Property Law | Date: | Hits: 70

Bangladesh Vs. Abdul Matin Sarder being dead his legal heirs: 1(Ka) S.M. Yahia Iqbal and oth­ers, 2011, 40 CLC (AD)

....Reported in: VIII ADC (2011) 479. ......ring the plaintiffs' title in the suit land." Petitioner is permitted to prepare the paper book out of Court in accordance with rules. Ed. This Case is also Reported in: VIII ADC (2011) 479. ......e-on-Record-For the Petitioner. M. A. Mannan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent No.8 Not Represented-For Respondent Nos.1-7. Civil Petition for Leave to Appeal No.432 of 2009. (From the judgment and order dated 31.7.2004 passed by the Hi......ring the plaintiffs' title in the suit land." Petitioner is permitted to prepare the paper book out of Court in accordance with rules. Ed. This Case is also Reported in: VIII ADC (2011) 479. ..

Category: Property Law | Date: | Hits: 76

Bangladesh Sugar and Food Industries Corporation Vs. Depak Kumar Pal and others, 2011, 40 CLC (AD)

....orted in: VIII ADC (2011) 508.......k. 1,000/- is to be deposit­ed within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508.......cted by A.K.M. Shahidul Huq, Advocate-on-Record- For the Petitioner. Fida M. Kamal, Senior Advocate, instruct­ed by Syed Mahhubur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.201 of 2010. (From the judgment and order dated 31.05.2010 passed by the H......k. 1,000/- is to be deposit­ed within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508...

Category: Employment/Service Law | Date: | Hits: 85

Government of Bangladesh and others Vs. Bikash Ranjan Talukder and others, 2011, 40 CLC (AD)

....e is also Reported in: VIII ADC (2011) 471. ......3661 of 2009 be stayed till disposal of the appeal. The appellants are directed to submit the concise statements by 24th April, 20.11. Ed. This Case is also Reported in: VIII ADC (2011) 471. ......(In Civil Petition No. 1369 of 2010). A. M. Aminuddin, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Respondents (In Civil Petition No. 1772 of 2010). Civil Petition for Leave to Appeal Nos.1368-1370 and 1772 of 2010. (From the judgment and order dated 19.11.200......3661 of 2009 be stayed till disposal of the appeal. The appellants are directed to submit the concise statements by 24th April, 20.11. Ed. This Case is also Reported in: VIII ADC (2011) 471. ..

Category: Employment/Service Law | Date: | Hits: 47

Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)

....ttedly is in possession of the containers belonging to the plaintiffs and the said containers are stored in the premises of the defendant-petitioner, which were used in carrying goods by ship to Bangladesh and an on release of the goods to the respective con­signees on arrived at port of disch......earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ......titioners. Ajmalul Hossain, QC, Senior Advocate instructed by Monlavi Md. Wahidullah, Advocate-on-Record-For the Respondent No.1. Not represented-For the Respondent Nos. 2-4. Civil Petition for Leave to Appeal No.138 of 2010. (From the judgment and order dated 14.01.2010 passed by the H......earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 338

Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)

....ppointed in writing and when it is shown that any particular person has acted as such officer, the writing by which he is appointed need not be proved. Exception 2‑ Wills (admitted to probate in Bangladesh) may be proved by the probate. Explanation 1‑ This section applies equally to cases ......ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ...... Dhaka on 6.8.1990 in Title Appeal No.319 of 1989 whereby he affirmed the judgment and decree passed by the 1st Senior Assistant Judge, Dhaka on 5.11.89, in Title Suit No.98 of 1984. 2. The suit before the learned Assistant Judge was for declaration that the deed of Hiba‑Bil‑Ewaz purported to......ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ..

Category: Property Law | Date: | Hits: 87

Abdur Razzaque Vs. Bangladesh Agricultural Deve­lopment Corporation and others, 1991, 20 CLC (HCD)

....13. ...... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ......the petitioner was posted in the Corporation godown at Bhola as Clerk‑cum‑Store Keeper he was implicated in a criminal case being PS Case No.1 dated‑ 7.10.74 under section 409 of the Penal Code for alleged misappropriation of fertilizer and the said case gave rise to GR Case No.280 of 1974. Th...... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ..

Category: Employment/Service Law | Date: | Hits: 67

Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)

....Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ......Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ...... in view of section 339C of the Code of Criminal Procedure. We omit the facts of the case as they are not necessary. The pertinent facts are that the learned Sessions Judge received the Sessions case for trial on 26.2.90 and by an order of the same date fixed 4.3.90 for framing charge against the ac......Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ..

Category: Criminal Law | Date: | Hits: 58

Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)

....g of the said company without any objection and accordingly the same was filed with the Registrar of Joint Stock Companies and was further circulated to many organisations in usual course, namely the Bangladesh Shilpa Bank, the Shadharan Bima Corporation and the Income Tax Authority, etc. The accuse......e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ......itors of the said company of accused Nos. 1 and 2 namely M/s. Froglegs Export Ltd. of which accused petitioner is the Managing Director. The complainants firm audited the accounts of the said company for the years 1981‑82, 1982‑83 and 1983‑84 and gave the audit report which was approved in the......e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ..

Category: Criminal Law | Date: | Hits: 98

Shamima Khatoon and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1993, 22 CLC (HCD)

....e Court High Court Division (Special Original Jurisdiction) Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Shamima Khatoon and another ……………..Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Works and others…………….Respondents ......spondents to restore possession of the disputed house to them. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 601. ......dents of Bangladesh. The disputed house was leased out by the erstwhile Government of East Pakistan to one Md. Moinuddin, son of late Md. Hanif on hire purchase system under the rehabilitation scheme for a period of 99 years on basis of a registered deed of lease executed and registered on 1.2.63 by......spondents to restore possession of the disputed house to them. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 601. ..

Category: Property Law | Date: | Hits: 89