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Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)

....earned Additional Sessions Judge has accorded permission without application of judicial mind as if he were performing a routine work. 6. Mr. Munsurul Huq Chowdhury, learned Advocate, on the other hand, supports the order of the learned Additional Sessions Judge. According to the learned Advocate...... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ..

Category: Criminal Law | Date: | Hits: 43

Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)

....ftahuddin Choudhury J Shaherunnessa......Petitioner Vs. Shamsunnahar…….Opposite Party Judgment January 25, 2007. Cases Referred To- Sadak Ali vs. Suruj Ali 7 DLR 94; Amar Chandra Sana vs. Ajit kumar Das 33 DLR (AD) 37. Lawyers involved: Subrata Chowdhury, Advocate...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ..

Category: Property Law | Date: | Hits: 35

Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)

....qual shares. Indro Mohan and Mukta Sundari died without any issue and leaving Rajkumar as their only heir and legal representative. Rajkumar was survived by two sons, namely, Radhagobinda and Pratap Chandra. By successive devolution, Radhagobinda and others became owners in possession of said land. ......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ..

Category: Property Law | Date: | Hits: 32

Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)

....am Chowdhury J Abdul Halim (Md.)………………………….. Petitioner Vs. Abul Hasan Chowdhury Kaiser and others…..Respondent Judgment July 23, 2001. Lawyers Involved: Khandaker Mahbubuddin Ahmed with SM Monir, Advocates—For the Petitioner. Tania Amir with Bashir ......ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42...

Category: Administrative Law | Date: | Hits: 356

Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)

.... of village Paragaon came in a open jeep and kept it near Berolia Ferry Ghat and went to Eklal Miah's House. Thereafter aforesaid five captives were brought to Berolia Ferry Ghat with eyes folded and hand tied by cloth and they were compelled to board the jeep and taken to un­known destination. ...... the charge. They shall be set at liberty forthwith if not wanted in con­nection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ..

Category: Criminal Law | Date: | Hits: 30

Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)

....f Commerce to which we would advert at the relevant portion of the judgment. 19. Mr. Md. Awlad Ali, the learned Advocate appearing on behalf of the plaintiff-respondent in this appeal on the other hand submitted that in the instant case the letter of indent constituted a contract between the buye......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...

Category: Business or Commercial Law | Date: | Hits: 209

State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)

....oom and found mother lying in the Veranda with a serious injury in the abdomen and chest and saw her in restless condition and shortly she succumbed to the injury. He also saw his father pressing his hand against wounds and said that appellant Dablu had murdered his mother Sajeda and caused injury t......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...

Category: Criminal Law | Date: | Hits: 61

M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)

....arable loss. He further submitted that the impugned order should be set aside by this Court in the facts and circumstances of the case. 4. The learned Advocate for the opposite party, on the other hand, strenuously argued that in the instant case the provision of section 10 of the Code of Civil P......b­servation made above. Therefore, we make Rule ab­solute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56...

Category: Civil Law | Date: | Hits: 88

Aliluddin and others Vs. Ministry of Land Administration and Land Reforms & others, 1999, 28 CLC (HCD)

....ested for release of 103. 1398 acres of land instead of 105.117 acres (Annexure-G). Thereafter the Ministry of Land Administration and Land Reforms by order dated 17-9-86 asked the ADC (LA), Dhaka to hand over possession of 103.1398 acres of land to the petitioners and others after realisation of th......hout lawful authority and to be of no legal effect. In the result, the Rules are discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 112. ..

Category: Property Law | Date: | Hits: 31

Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)

....he Act submitted that as the order of dismissal was made appealable, the Court below on acted in excess of its jurisdiction in entertaining the application under section 151 of the Code. On the other hand, the learned Advocate on behalf of the opposite party submitted that as the hajira filed by him......se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ..

Category: Civil Law | Date: | Hits: 69

Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)

.... suit reached to the peremptory stage 20-4-1999 was fixed for further hearing. Both plaintiff and defendant filed hajira. Defendant presented an application in the court for comparison of his alleged handwriting appearing in a Angikar Patra dated 30-12-95 and a Shikriti Patra dated 26- 2-1997 with h......efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ..

Category: Family Law | Date: | Hits: 185

Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)

....l Area, Dhaka in order to deliver up vacant possession to the petitioner. The government by another memo dated 12-3-82 addressed to six other inmates including the respondent No. 7 Jaleel Brothers to hand over their respective vacant possession to the Superintending Engineer or, in the alternative, ......t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ..

Category: Anti-Corruption Laws | Date: | Hits: 232

Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)

....parison in the absence of any admitted or proved initial of the defendant on record. 24. Lastly, he pointed out certain circumstances and submitted that as the plaintiff did not come up with clean hands he entitled to any decree whatsoever. 25. On the other hand, Mr. Rahul Alam Chowdhury, lear......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ..

Category: Civil Law | Date: | Hits: 78

National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)

.... before the expiry date for presentation of the document, that they were not bound to pay the plaintiff in accordance with the UCP rules, that the plaintiff did not negotiate the documents with clean hands, that Habib Bank did not pay any money to the supplier as far as they knew. The witness in his...... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ..

Category: Business or Commercial Law | Date: | Hits: 202

Abu Jafar Md. Nurul Islam Vs. DG, Department of Environ­ment, Government of Bangladesh and others, 2003, 32 CLC (HCD)

....pect of one decimal of land as she occupied the land of petitioner's wife Mrs. Nuri Aktar illegally. In the 1st week of November, 2002 the petitioner and his wife requested said Ferdous Ara Khanam to hand over vacant possession of the said 1 (one) decimal of land in their favour which infuriated her......6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 1. ..

Category: Environmental Law | Date: | Hits: 226

Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)

....al Procedure and as a result, the appellant was prejudiced. Therefore, the conviction and sentence cannot be sustained. 11. Mr. Waliur Rahman Khan, learned Assistant Attorney-General, on the other hand, submits that 2 bottles of Phensidyl Exhibit‑ I and II series were produced before the Court ...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ..

Category: Criminal Law | Date: | Hits: 43

Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)

....ivil Court and consequently, the suit should have been dismissed as being not maintainable in law. 6. Nikhilesh Dutta, the learned Advocate appearing for the plaintiff-opposite party, on the other hand, submits that the impugned order of dismissal is a self-contained complete order without any re......ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90...

Category: Employment/Service Law | Date: | Hits: 72

American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)

....ule 64A of Income Tax Rules 1984. In this connection the learned Advocate for the petitioner has taken us through the Annexure-Y2 to the supplementary affidavit which is a certificate given under the hand of chartered accountant in assessment return for assessment year 1991-92. Showing this Annexure......2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ..

Category: Fiscal/Taxation Law | Date: | Hits: 132

Borhan Uddin (Md), Advocate Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 1999, 28 CLC (HCD)

....ed above, we think that it would be fair and reasonable, in the interest of Justice, for the Government to appoint a Special Public Prosecutor for this Particular case and not leave the matter in the hands of the incumbent Public Prosecutor or his deputies. We direct accordingly.” 8. It is appa......val of the petitioner is illegal and without any lawful authority. The Rule is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 81...

Category: Employment/Service Law | Date: | Hits: 108

Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)

....e the evidence on record properly and came to, the wrong finding which requires interference. 9. Mr. Abdul Awal, the learned Advocate appearing on behalf of the plaintiff respondent, on the other hand, submits that in this matter it is an admitted fact that when the plaintiff applied for loan un...... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75...

Category: Civil Law | Date: | Hits: 72