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Islamic Democratic Party (IDP) Vs. Bangladesh Election Commission and others, 2008, 37 CLC (HCD)

....r as a political party cannot be substituted by the satisfaction of this Court. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 12. ......mission is a constitutional body, its non-satisfaction towards the registration of a political party cannot be substituted by the satisfaction of the High Court Division...................... (5) Lawyers Involved: S. N. Goswami - For the petitioner. Md. Razik-Al-Jalil, Deputy Attorney Gene...... Bangladesh Election Commission and others……………………………Respondents Judgment November 3, 2008. Result: The application is rejected. The Representation of the People Order, 1972 (President's Order No. 155 of 1972); Article 90C(I)(a)(b) When the constitution of a ..

Category: Election Law | Date: | Hits: 723

Rafiqul Islam Vs. State, 2009, 38 CLC (HCD)

....Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ......n the trial shall be over. . . Considering the gravity of the charge levelled against the accused-petitioner and the negligence of the prosecution, the accused-petitioner may be enlarged on bail. Lawyers Involved: Harun-Ar-Rashid, Advocate - For the petitioner. A.S.M. Abdul Mobin, Deputy ......Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ..

Category: Criminal Law | Date: | Hits: 88

Md. Taimur Rahman alias Toibur Vs. State, 2010, 39 CLC (HCD)

.... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ......State……………………Opposite party Judgment August 23, 2010. Result: The rule is made absolute. When there is a fair chance of acquittal, a person may be enlarged on bail. Lawyers Involved: S.N. Goswami, Advocate - For the petitioner. Md. Masud Hasan Chowdhury, Assi...... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ..

Category: Criminal Law | Date: | Hits: 87

Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)

....on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. .......(20) Cases Referred to-  6 BLC 705; 51 DLR (HC) 252; 1988 BLD (HC) 106; 51 DLR (HC) 252; Talebur Rahman Vs. The State, 49 DLR 167; Iftekhar Hossain Chowdhury Vs. The State, 47 DLR 451. Lawyers Involved: Md. Azizul Haque with Jagadish Chandra Sarker, Advocates - For the Convict Appe......on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ..

Category: Criminal Law | Date: | Hits: 65

Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)

.... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......s. Burjorji Dhunjibhat, 20 CWN 744; Mahadeo Prosad Agarwala Vs. Narain Chandra Chakrabarti, 30 CLJ 224; Koylash Chandra Doss and others Vs. Tariney Charan Singhee and another, ILR 10 Calcutta 588. Lawyers Involved: AJ Mohammad Ali with Rubayet Hossain, Advocates - For the Petitioners. Mahbu...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ..

Category: Civil Law | Date: | Hits: 138

Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......Rahman (Md.) Vs. Deputy Commissioner, Mymensingh, 7 BLC (AD) 17; Sankar Gopal Chatterjee Vs. Additional Commissioner, Dhaka Division, 41 DLR 326; Bangladesh Vs. Subash Chandra Das, 46 DLR (AD) 63. Lawyers Involved: Khondker Mahbubuddin Ahmed with Prabir Halder, Advocates — For the Petitioner......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ..

Category: Property Law | Date: | Hits: 79

Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

....e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ..........................Appellant Vs. Sayed M. Salimullah and others.........................Respondents Judgment October 11, 2010. Result: The appeal is dismissed. Muslim Personal Law  Words and Phrases Waqf Waqf, as meant in the Muslim personal law, is the dedicati......inction of saleable interest of the Zamindars and other land owners who turned into tenants under the state. He buttressed up his submission by reference to The Bangladesh (Legal Proceedings) (Third) Order, 1972 which bars, amongst-others, suits, appeals, applica­tions and other legal proceedings c..

Category: Trust/Waqf Law | Date: | Hits: 114

Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)

..... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......vested right acquired by the appellants acting on the exemption notification as the government is barred by the principle of promissory estoppel…………………………………………(36) Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Neogi, Advocate and Zakir Hossain Munsh....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..

Category: Fiscal/Taxation Law | Date: | Hits: 128

Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)

....of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ...... 589; Shamsul Vs. Mozammel, 27 DLR 43; Anwar Vs. Mahd., 47 DLR 530; Elias Vs. Suraiya, 1981 BLD 147; Kashem Vs. Md. 10 BLC 392; Standard Bank Vs. Farook, 10 BLC 414; Zahir Vs. Yakuab, 43 DLR 168. Lawyers Involved:  Syed Mokaddas Ali, Advocate - For the Petitioner.  Md. Iqbal Hoss......e within the purview of section 24 of the Code of Civil Procedure. 19. But on the last submission made by the learned Advocate on reference to annexure C and also to the order dated 11-8-2010 i.e. Order No.8 we find that learned Judge after passing the impugned order of which the certified copy h..

Category: Procedural Law | Date: | Hits: 179

LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)

....n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......KYCR Coil Industries Ltd. Vs. MV Thor Transity, 10 BLC 663; Szehali Tong Bank Ltd. Vs. Rember Cycle Company Ltd., 2959 AC 576; KYCR Coil Industries Ltd. Vs. MV Thor Transity and other, 10 BLC 663. Lawyers Involved:  Moinul Hosein, Senior Advocate - For the Plaintiff.  M Hafizullah......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 490

Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)

....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......h 16, 2006. Result: The Rule is made absolute without any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982) section 3 The Law of Acquisition gives the Deputy Commissioner power to acquire property in two likely situations.......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ..

Category: Property Law | Date: | Hits: 85

Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)

....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......ound to quash the proceeding when the trial has already been started. Cases Referred to- Rezaul Bari Vs. Bangladesh, 16 BLC 54; Golam Sarwar Hiru Vs. State, 13 MLR (AD) 103 = 14 BLC (AD) 26. Lawyers Involved: Md. Abdul Kader Bhuiyan, Advocate - For the Petitioners.  Nahid Mahtab,......9 of the Penal Code read with section 5(2) of the Prevention of Corruption Act 1947, now pending in the Court of Special Judge, Bogra should not be quashed and /or pass such other or further order or Orders as to this Court may seem fit and proper. 2. Facts leading to issuance of the Rule in shor..

Category: Procedural Law | Date: | Hits: 86

Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)

....he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦(14)   Cases Referred to- Abdur Rashed Khan Vs. Abdus Samad Mondal, 33 DLR 260; 32 DLR (AD) 170; 38 DLR 806; Sova Rani Guha Vs. Abdul Awal Mia, 47 DLR (AD) 45. Lawyers Involved: No one appears - For the Petitioners.  Harunur Rashid, Advocate - For t......ccept­ed rent up to Bhadra, 1386 BS but he refused to accept rent for subsequent period on tender, so the plaintiffs remitted the rent for the period from Aswin, 1386 BS to Falgoon, 1386 BS by Money Order and on refusal by the opposite party No.1 the plaintiffs have been depositing rent with the Re..

Category: Administrative Law | Date: | Hits: 175

Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)

.... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ......¦â€¦â€¦..(11) Case Referred to- Hazari Bala Sana Vs. Niron alias Niranjan Mandal, 1997 BLD (AD) 294; Amanatullah Vs. Ali Mohammad Bhuiyan, 1997 BLD (AD) 199 = 2 BLC (AD) 134; 28 DLR (AD) 61. Lawyers Involved: Abul Hashem, Assistant Attorney General — For the Petitioner. Faruque Ahme...... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ..

Category: Procedural Law | Date: | Hits: 83

Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)

....lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......r for members of the family of the assessed to file returns of income for assessment…………………………(30) Case Referred to- State Bank of India Vs. Ghamandi Ram, 1969 ASC 1230. Lawyers Involved Mosharaf Hossain and Tapan Kanti Das — For the Applicant. Md. Zakaria Sarke......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)

....y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ...... Hameed, ILR 48 Allahabad 625; Khorshed Alam Vs. Amair Sultan, 38 DLR (AD) 133; Md. Alladat Khan Vs. Md. Ismail Khan, 10 ILR (All) 289; Habibur Rahman Chowdhury Vs. Altaf Ali Chowdhury, 48 IA 114. Lawyers Involved: Sirajuddin Ahmed, Advocate — For the Petitioner. None appears — For the ......y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ..

Category: Family Law | Date: | Hits: 114

Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)

.... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ......f the tanks, yet, it does not make the tanks part of the bazar. By use of water of the tanks no right whatsoever has been created in favour of the users…………………………..(6 & 7) Lawyers Involved: S.C. Das - For the Appellants.  J.R. Syed Modassir Hossain - For the St...... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ..

Category: Property Law | Date: | Hits: 74

Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......, 50 DLR (AD) 175; M.A. Hye, Md. Wazed Ali and Mohammad Moslem Vs. TCB, 40 DLR (AD) 206; Chittagong Engineering and Electric Supply Company Ltd. Vs. Income Tax Officer and others, 22 DLR (SC) 443. Lawyers Involved: Mahmudul Islam with Mohammad Hossain, Advocates - For the petitioners.  ......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ..

Category: Fiscal/Taxation Law | Date: | Hits: 174

Salam Mollick (Md.) Vs. State, 1996, 25 CLC (HCD)

.... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ......……………………Petitioner Vs. State……………………Opposite Parties Judgment January 18, 1996. Result: The Rule is discharged. Appearance in the Court through a Lawyer Considering the hardship on the part of female accused to appear regularly in the Court at...... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ..

Category: Procedural Law | Date: | Hits: 120

Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)

....f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ...... the learned Magistrate to issue process…………………………..(4) Cases Referred to- Md. Sharif and others Vs. Md. Baharuddin Chowdhury and the State, 30 DLR 344; 29 DLR (SC) 256. Lawyers Involved: Not Represented - Petitioner.         ......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ..

Category: Criminal Law | Date: | Hits: 138