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Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)

.... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352....... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352....... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352....... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352...

Category: Family Law | Date: | Hits: 211

Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)

.... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ...... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ...... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ......PC 50 (53); Eagle Star Insurance Co Ltd. Vs. Usman Sons Ltd., PLD 1969 Karachi 123 (125, 126, 135, 136 para 13 and page 140 para 18); Al-Baraka Bank Vs. Rina Alam, 56 DLR 588; Dacca Match Factory Vs. Bangladesh Match Factory Co., 30 DLR 244; Nasir Mia Vs. Anwar Hossain, 48 DLR 28; Central Bank of In..

Category: Civil Law | Date: | Hits: 235

Commissioner of Customs, Benapole, Jessore Vs. President, Customs, Excise and VAT Appellate Tribunal, Dhaka and others, 2011, 40 CLC (HCD)

....hat view of the matter the application for condonation of delay is rejected and the Customs Appeal No.04 of 2010 is hereby dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 416. ......bunal, Dhaka and others………Respondents Judgment May 18, 2011. Result: The application for condonation of delay is rejected. Lawyers Involved: Nahid Yeasmin, Assistant Attorney General - For the Appellant. ARM Ouayum Khan, Advocate - For the Respondent No.3. Customs Appe......hat view of the matter the application for condonation of delay is rejected and the Customs Appeal No.04 of 2010 is hereby dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 416. ......hat view of the matter the application for condonation of delay is rejected and the Customs Appeal No.04 of 2010 is hereby dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 416. ..

Category: Limitation Law | Date: | Hits: 324

State Vs. Manik Bala, 1988, 17 CLC (HCD)

....s acquitted of the charge. Let the condemned prisoner be set at liber­ty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......k Bala…………………Respondent Judgment December 5, 1988. Result: The reference is rejected and the Jail appeal is allowed. Lawyers Involved: M. Shamsul Alam, Deputy Attorney General with Obaidur Rah­man Mostafa, M. A. Rouf, Advocates - For the State. Md. Abdur Rahim Kha......prisoner Alo Tara and her minor brother Abdus Sukur in furtherance of their common intention on the night following 13.8.85 at the house of the informant Mohammad Ali at village West Gutabacha within Police Station Patharghata, District Borguna. 3. The informant lodged a First Information Report ......s acquitted of the charge. Let the condemned prisoner be set at liber­ty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435...

Category: Criminal Law | Date: | Hits: 142

Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)

....em. In the face of our findings in respect of Ext. W and Z series the appli­cation is not maintainable. Accordingly, it is reject­ed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......em. In the face of our findings in respect of Ext. W and Z series the appli­cation is not maintainable. Accordingly, it is reject­ed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......em. In the face of our findings in respect of Ext. W and Z series the appli­cation is not maintainable. Accordingly, it is reject­ed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......e plaintiffs' case, in short, is that the de­fendant No.1 Abul Hasan Khan and other 15 mem­bers of his family were the partners of M/s. East Pa­kistan Aluminium and Iron Manufacturing Company, now Bangladesh Aluminium and Iron Manufacturing Company having office and factory at plot No.111 and 108..

Category: Business or Commercial Law | Date: | Hits: 349

Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)

.... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347....... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347....... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347.......t he is the Assistant Teacher of the Crescent High School of the Crescent Jute Mills Co Ltd. within the Town Khalishpur, Khulna and the said Mill, being a nationalised industry, is a component of the Bangladesh Jute Mills Corporation. He was appointed on 7-1-69 as the teacher of that school by the t..

Category: Labour and Industrial Law | Date: | Hits: 184

Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)

....twali PS Case No.23 dated 17-8-1994, under section 25B(a) of the Special Powers Act (XIV of 1974) should not be quashed. 2. The short relevant facts are that, one Mr. Md. Alamgir Kabir, PPM Police Inspector, lodged a written First Information Report on 17-8-1994 with the officer-in-charge. Kotwal......osite Party Judgment May 20, 1999. Lawyers Involved: Sultan Ahmad with Malik Syed Ahmad and Md. Joynul Abedin, Advocates — For the Petitioner. Abul Hossain Azadi, Assistant Attorney- General — For the State. Criminal Miscellaneous Case No.2214 of 1995 Judgment ABM Khairul...... and Kotwali PS Case No.23 dated 17-8-1994, under section 25B(a) of the Special Powers Act (XIV of 1974) should not be quashed. 2. The short relevant facts are that, one Mr. Md. Alamgir Kabir, PPM Police Inspector, lodged a written First Information Report on 17-8-1994 with the officer-in-charge.......Code of Criminal Procedure and obtained this Rule. Mr. Sultan Ahmed, the learned Advocate on behalf of the petitioner, submits that the alleged statue was auction purchased by Tanvir Traders from the Bangladesh Biman (vide Annexure H to the petition) and one Md. Sekender purchased the said statue on..

Category: Others | Date: | Hits: 159

Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)

....lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341.......ing the written deed of agreement on 6-3-80. Thereafter, the principal defendant Nos. 1 and 2 separately appointed and constituted Md. Hafizul Kadir and Mohammad Ali as their attorney by two deeds of General Power of Attorney executed and registered on 13-3-80 and 15-3-80 respectively authorising th......lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341.......lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341...

Category: Procedural Law | Date: | Hits: 121

Abdur Rahim (Md.) Vs. Bangladesh Sarak Paribahan Corporation, represented by its Chairman, 1998, 27 CLC (HCD)

....issued without lawful authority and is 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: 51 DLR (1999) (HCD) 339. ......issued without lawful authority and is 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: 51 DLR (1999) (HCD) 339. ......issued without lawful authority and is 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: 51 DLR (1999) (HCD) 339. ......LR (1999) (HCD) 339. ..

Category: Labour and Industrial Law | Date: | Hits: 176

Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)

....cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405....... Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405...

Category: Alternative Dispute Resolution | Date: | Hits: 291

Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)

....acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......y No.148 dated 9.1.89 on the statement of ex‑chairman appellant Serajul Islam who died during pendency of the appeal. P.W.11 Constable Mohammad Ali was at the relevant time attached to Daganbhuiyan Police Station. Accompanied by P.W.12 constable Aminul Islam (tendered) he carried the dead body of ......l Officer at Peni Hospital, has proved the post mortem report prepared by Dr. Ramandra Rajjan Taka after holding post mortem examination on the dead body of Waliullah on 10.1.89 because he was out of Bangladesh. The post mortem report mentions the following injuries: 1) Hema toma on left parieto ..

Category: Criminal Law | Date: | Hits: 147

Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)

....section 32 of the Evidence Act, it is not required that the maker should be in expectation of his immediate death nor it is restricted to homicidal death. 8. In his cross-examination by P.W.18 Sub Inspector AB Siddique deposed that on 19-6-91 he did not think that Sadek would die and then subsequ......udgment June 2, 1998. Result: The appeal is dismissed with the modification. Lawyers Involved: Shaukat Ali Khan, Advocate — For the Appellant. Syed Abu Kowser, Assistant Attorney-General — For the State. Criminal Appeal No.431 of 1993. Judgment Mohammad Gholam Rabbani......or the Appellant. Syed Abu Kowser, Assistant Attorney-General — For the State. Criminal Appeal No.431 of 1993. Judgment Mohammad Gholam Rabbani J.- Aleya Begum (P.W.1) came to the local Police Station on 11-6-91 at 2-15 PM and lodged the FIR stating that an ox owned by Maniruddin Matab......fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ..

Category: Criminal Law | Date: | Hits: 108

Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)

.... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426.......998. Case Referred To- Md. Shoaib Vs. Government of Bangladesh, 27 DLR 315. Lawyers Involved: Mahmudul Islam, Advocate — For the Petitioner. Md. Altaf Hossain Khan, Deputy Attorney General with FKM Ahsan Mahbub, Assistant Attorney-General — For the Respondents. Writ Petiti...... 12. Mahmudul Islam, the learned Advocate for the petitioner, submits that 0.06 acres of land of plot No.1009 of CS Khatian No 225 of mouza Kafrul under former police station Keraniganj, presently Police Station Mohammadpur, Dhaka having not been requisitioned and acquired in Land Acquisition Cas......n Begum……........Petitioner Vs. Government of the Peoples Republic of and others..............Respondents Judgment May 19, 1998. Case Referred To- Md. Shoaib Vs. Government of Bangladesh, 27 DLR 315. Lawyers Involved: Mahmudul Islam, Advocate — For the Petitioner. ..

Category: Property Law | Date: | Hits: 156

Muklesur Rahman (Md.) Vs. Waziullah, 1998, 27 CLC (HCD)

....eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418.......eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418.......997 before this Court against the order of the learned Assistant Judge, rejecting the prayer for striking out the name of the defendant Nos.2 and 3 i.e., the Deputy Commissioner and Superintendent of Police, Comilla. It was further alleged that the civil revision was allowed and the name of the defe......eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418...

Category: Procedural Law | Date: | Hits: 131

Yousuf (Md.) Vs. Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others, 1997, 26 CLC (HCD)

....ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld. Send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 412. ......ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld. Send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 412. ......ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld. Send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 412. ......hat the ground for solatitium does not apply to the facts and circumstances of the present case. 6. It has been strenuously argued by Mr. Farooqui that the Government of the People’s Republic of Bangladesh is a necessary party in the suit for specific performance of contract and that the govern..

Category: Property Law | Date: | Hits: 120

Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)

....uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......IR 1962 ALL 503. Lawyers Involved: Mashi-Ul-Islam, Advocate - For the Petition­ers. P.K. Bosu with Mansur Babib, Advocates - For Opposite Parties 1-15. Kaiseruddin Ahmed, Deputy Attorney General - Amicus curiae. Civil Revision No.285 of 1988 with 520 of 1988. Judgment Muhammad ......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......or the Magistrate of the First Class, as the case may be, having jurisdiction to try the case;…………………….” 15. Similar provision is again found in sub-article 6 of Article 3 of the Bangladesh Scheduled Of­fences (Special Tribunals) Order, 1972 (P.O. 50 of 1972) which is as follow..

Category: Procedural Law | Date: | Hits: 152

Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)

....26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486.......nd this perime­ter even the Appellate Division, in our opinion, has not permitted the Election Commission to travel. 19. Although not argued from the Bar we are not unmindful of section 21 of the General Clauses Act which provides as follows: "21. Where, by any Act of Parliament or Regu­lati......26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486.......vocates - For the added Respondent No.5. Writ Petition No.1421 of 1988. Judgment Mustafa Kamal J.- This Rule Nisi ob­tained under Article 102 of the Constitution of the People's Republic of Bangladesh had a chequered ca­reer. 2. The petitioner along with 5 other candidates was a contes..

Category: Election Law | Date: | Hits: 216

Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD

....r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484....... Haider, Advocate - For Respondent No.6. Writ Petition No. 488 of 1988. Judgment Mustafa Kamal J.- This Rule Nisi ob­tained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the order dated 13.1.88 Annexure B pas..

Category: Election Law | Date: | Hits: 220

Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)

....কৌশলী আবেদন করিয়াছে। বিজ্ঞ আইনজীবী এবং GRO–কে শুনানো গেল। (Although in the absence of the Court sub-Inspector his clerk GRO cannot be heard by the Magistrate to represent the prosecution) নাথি......he case. The legislature has not put any limitation on this power of the learned Sessions Judge to direct further investigation into the offence. In this connec­tion we may refer to section 14(1) of General Claus­es Act, 1897 which read as follows: "When, by any Act of Parliament or Regu­latio......t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is sum­marily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ......t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is sum­marily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ..

Category: Procedural Law | Date: | Hits: 127

Hafizuddin Vs. State, 1989, 18 CLC (HCD)

....quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......ame. On the next day, police went to the place of occurrence and infor­mant Abdul Latif Sikder lodged an FIR with Kapasia police narrating the above facts. 3. After due investigation of the case, Police submitted a charge-sheet against the accused Kofilud­din, Hafizuddin (the present appellant)......quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ..

Category: Criminal Law | Date: | Hits: 92