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Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....he respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......the person concerned will be prevented from traveling abroad. In such situation however the passport authority must act bona fide and comply with all requirements of law failing which the restriction order will become void and unlawful………(11) Although the Government's concern for holding wa......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ..Category: Constitutional Law | Date: | Hits: 147
Islamic Democratic Party (IDP) Vs. Bangladesh Election Commission and others, 2008, 37 CLC (HCD)
....Division (Special Original jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddique J Islamic Democratic Party (IDP)…………………………Petitioner Vs. Bangladesh Election Commission and others……………………………Respondents Judgment Nove......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. ...... as a political party. The Election Commission having considered the constitution of the petitioner found that it contravaned the provisions of the Constitution of Bangladesh. Therefore, the impugned order passed by the election Commission is justified. 5. In addition, the Election Commission bei......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. ..Category: Election Law | Date: | Hits: 723
Rafiqul Islam Vs. State, 2009, 38 CLC (HCD)
....elwar Hossain J Rafiqul Islam……………………..Accused-petitioner Vs. The State………………………..Opposite party Judgment February 9, 2009. Result: The Rule is made absolute. The accused-petitioner was shown arrest and had been in jail hajat for more than 2......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. ...... a person identifying as Md. Nazrul Islam of M/S. Nazrul and Brothers, Police Station Sharishabari, District- Jamalpur came to the head office of the informant on 23.11.2006 at 4:00 p.m. with two pay orders favouring Tanver Food Ltd. and United Edible Oils Ltd, one being No.3412712 dated 23.11.2006 ......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)
....f bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ...... 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. ......ction 448/323/324/307/302/34 of the Penal Code. 5. Thereafter the petitioner was voluntarily surrendered on 11.8.2009 and moved for bail, but since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 6. The learned advocate appearing for the petitioner su...... 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)
....; 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 Appellant. Md. Mokhlesur Rahman Zahid, Deputy A......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. ......orney-General with Nur Mohammad Miah, Assistant Attorney-General - For the State. Criminal Appeal No.3778 of 2005. Judgment Md. Abdul Hye J.- This appeal is directed against the judgment and order of conviction and sentence dated 30.07.2005 passed by learned special Tribunal No.17, Dhaka, i......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)
....nce cannot be ordered......................(11) Case Referred to- Jamshed Khodaram Irani Vs. Burjorji Dhunjibhat, 40 ILR (PC) 289; Jamshed Khodaram Irani Vs. Burjorji Dhunjibhat, 20 CWN 744; Mahadeo Prosad Agarwala Vs. Narain Chandra Chakrabarti, 30 CLJ 224; Koylash Chandra Doss and others Vs....... 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. ......…………. Petitioners Vs. Shamir Kumar Chowdhury and others………………. Opposite Parties Judgment December 17, 2008. Result: These Rules are discharged without any order as to costs. Specific performance of contract Where a party seeks to enforce specific pe...... 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)
....me Court High Court Division (Special Original Jurisdiction) Present: SM Hossain J Farid Ahmed J Nasirullah and another ………………….Petitioner Vs. Government of Bangladesh and others ………………….Respondents Judgment June 12, 2008. Result: The W......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. ......and others ………………….Respondents Judgment June 12, 2008. Result: The Writ Petition No. 1448 of 2008 is disposed of and Writ Petition No. 3071 of 2008 is discharged without any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordina......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)
....s valid under some strict limitations The extreme view that a private wakf is in no case valid was later departed from and a wakf for the benefit of the settlor's descendants i.e., wakf-al-al aulad may now be made subject to some strict limitations. The restrictions were further relaxed by th......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. ......dated 25-2-1996 (Exhibit 6) sought to be proved by the plaintiff showing payment of rent in the Waqf Estate Karatia is issued by "Mohammad Haidar Ali Waqf al-al-aulad Estate," Karatia. The mutation order dated 28.11.1996 (Exhibit 5) proved by the plaintiff is also issued by the same Haidar Ali Waq......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. ..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
....Jainal Abedin Majumder............................Appellant (In Civil Appeal No.38 of 2003) Md. Mohiuddin........................................Appellant (In Civil Appeal No.39 of 2003) Abdul Kader............................................Appellant (In Civil Appeal No.40 of 2003) Md. Sha....... 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. ......ral, Naima Haider, Deputy Attorney General, with him), instructed by B. Hossain, Advocate-on-Record—For the respondents (In all cases) Civil Appeal Nos. 32-43 of 2003. (From the judgment and order dated 11.12.2000 passed by the High Court Division in Writ Petition nos. 4531, 4571, 4534, 453....... 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)
....nicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ......Bench held that, the crucial question, which falls for considerations is whether there was any ground made out for transfer of appeals pending before the Addl. District Judge and whether not granting interim stay of operation of the order appealed against would itself justify transfer of a pending a......onditions for transferring the case are that it should be filed at the earliest possible time and next, before settlement of issues…………….(17) The Learned Judge after passing the impugned order cleverly, minutely and masterly added further line which only not been heinous, contemptuous b......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. ..Category: Procedural Law | Date: | Hits: 179
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....dgment December 7, 2010. Result: The suit is disposed of with direction. The Customs Act, 1969 (Act No. IV of 1969); section 73 Whenever vessel comes into the territorial water of Bangladesh with the Bangladesh bound cargo it must discharge the same in accordance with the provisions o......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. ......dur Rahman J.- In pursuance of the direction given by this Court to the defendant to satisfy this Court that the principal defendant opposite parties are not under obligation to furnish security in order to protect the interest of the plaintiff or to furnish the security, the defendant No.1, the v......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)
....J Farid Ahmed J Abdul Karim …………….pititioner Vs. Land Acquisition Officer, Comilla and others……………Respondents Judgment March 16, 2006. Result: The Rule is made absolute without any order as to costs. The Acquisition and Requisition of Immovable Property......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. ......ul Karim …………….pititioner Vs. Land Acquisition Officer, Comilla and others……………Respondents Judgment March 16, 2006. Result: The Rule is made absolute without any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinan......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)
....dural shortcomings when the petitioner preserves every right to justify his alleged assertion during the course of trial but that cannot be any ground to quash the proceeding when the trial has already been started. Cases Referred to- Rezaul Bari Vs. Bangladesh, 16 BLC 54; Golam Sarwar Hiru ......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. ......7 (Ka)/109 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 Rul......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. ..Category: Procedural Law | Date: | Hits: 86
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....own the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......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. ......ovision of law the suit is not maintainable. 16. Considering the facts and circumstances of the case I find no merit in the Rule. 17. In the result, the Rule is discharged however without any order as to cost. The impugned Judgment and decree dated 2-11-1986 passed by the Subordinate Judge, ......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. ..Category: Administrative Law | Date: | Hits: 175
Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)
....also Reported in: 61 DLR (HCD) (2009) 635. ...... 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. ......ther suit for permanent injunction being No.110 of 1975 impleading the defendant-petitioners and also obtained ex parte decree. The defendants filed Title Suit No.151 of 1975 for declaration that the order passed in Miscellaneous Case No. 21 of 1973 is illegal and void and the suit was also decreed ...... 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)
.... DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......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. ......nces). Reference Application No. 77 of 2001 with Reference Application Nos. 156, 157, 158 and 159 of 2007. Judgment Md. Abdur Rashid J. - The above references were presented against a common order dated 20-9-2000 passed by the Taxes Appellate Tribunal, Chittagong Bench at Chittagong in dism......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)
.... J Nasrin Jahan (Parul) and others ………………… Petitioner Vs. Khabir Ahmed and others....................Opposite Party Judgment December 18, 2008. Result: The Rule is made absolute. On legitimacy of children The evidence of others cannot be taken as corrobora......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. ......lt of co-habitation with Aminul Islam. Defendant No. 1 is therefore, not bound to give maintenance to the plaintiffs. 4. The Family Court on consideration of the evidence on record by judgment and order dated 3rd March, 2005 decreed the suit and directed the defendant No.1 to pay Taka 2,81,200 to......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)
.... Bench) (Civil Appellate Jurisdiction) Present: Sultan Hossain Khan J Md. Abdur Rouf J Sree Sree Ananta Dev Chakra Bigrah & others……………………Appellants Vs. Bangladesh & others………………………Respondent Judgment April 20, 1983. Result: ...... 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. ...... S.C. Das - For the Appellants. J.R. Syed Modassir Hossain - For the State. First Miscellaneous Appeal No.77 of 1969. Judgment Sultan Hossain Khan J.- This appeal arises out of an order passed by the learned Subordinate Judge, Noakhali rejecting an application for temporary injun...... 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)
....n the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......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. ......venue, represented by its Chairman, Rajashwa Bhaban, Segunbagicha, Dhaka-1000 and others……..Respondent Judgment March 8, 2010. Result: The Rule is made absolute-in-part. When an order passed by some authority suffers from an illegality which is apparent on the face of the recor......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)
.... Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ...... 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. ...... in view of this, the Magistrate may considerany prayer on their part for appearance in the Court through a Lawyer. 6. In the result, 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 R...... 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
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