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....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.
......Benapole, Jessore…………Applicant
Vs.
President, Customs, Excise and VAT Appellate Tribunal, Dhaka and others………Respondents
Judgment
May 18, 2011.
Result:
The application for condonation of delay is rejected.
Lawyers Involved:
Nahid Yeasmin, Assistant Attorney Gen......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.
......Vs.
President, Customs, Excise and VAT Appellate Tribunal, 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 Kh..
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 liberÂty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435....... With Jail ApÂpeal No. 93 of 1988. Judgment Mohammad Ismailuddin Sarker J.- This is a Reference under section 374 of the Code of Criminal Procedure by the learned Sessions Judge, Borguna for confirmation of the sentence of death passed by him on the condemned prisoner Manik Bala under s......s acquitted of the charge. Let the condemned prisoner be set at liberÂty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435....... State…………………Appellant Vs. Manik 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 RahÂman Mostafa, M. A. R..Category: Criminal Law | Date: | Hits: 142
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
.... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433.......ating that the accused persons in colluÂsion with each other dishonestly created a bainapatra allegedly executed by complaint's father Al-haj AbÂdul Latif on 5.1.73 in favour of accused Sona Mia by forging the signatures of Abdul Latif and with a view to grab the property of Abdul Latif used the s...... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433...........................................Respondents Judgment January 9, 1988. Result: The Rule is made absolute. Case Referred to- Nur Ahmed Vs. Kalimuddin Ahmed, BCR 1987 (AD) 152. Lawyers Involved: Md. Marfat Ali, Advocate - For the Petitioner. S.B. Barua, Advocate - For th..Category: Criminal Law | Date: | Hits: 107
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 appliÂcation is not maintainable. Accordingly, it is rejectÂed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415........- This appeal at the instance of the defendants is directed against the judgment and decree of the learned Subordinate Judge, 1st. Court, Dhaka passed in Title Suit No.301 of 1980 decreeing the suit for specific perforÂmance of contract. 2. The plaintiffs respondents instituted the suit against......em. In the face of our findings in respect of Ext. W and Z series the appliÂcation is not maintainable. Accordingly, it is rejectÂed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......dhury and others, PLD 1957 Da 209; 1928 Nag 223; AIR 1931 Mad 512; AIR 1928 Nag 223; M/s. Bengal Friends and Co. DhaÂka Vs. M/s. Gaur Benode Sana & Co. Calcutta & another, 21 DLR(SC) 357. Lawyers Involved: T.H. Khan with M.I. Farooqui and M. Salimullah, Advocates - For the Appellants...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.......ary and other benefits of the members of the staff of the said school are paid out of the funds of respondent No.2. The Managing Committee of the school although is composed of different persons, but for all practical purposes the school is an inseparable part of the said Mill. The petitioner, being...... 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.......on, Khulna and others…………..Respondents Judgment January 9, 1990. Result: The Rule is discharged. Cases Referred to: PLD 1961 (SC) 403; 21 DLR 522; 33 DLR 29; 18 DLR 299. Lawyers Involved: Md. Korban Ali, Advocate — For the Petitioner. Md. Khalilur Rahman with Sk..Category: Labour and Industrial Law | Date: | Hits: 184
Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)
....ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ...... 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. Kotwali Police Station DMP, Dhaka alleging......ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ...... J ABM Khairul Haque J Khalilur Rahman (Md.) alias Ismail………Petitioner Vs. State represented by the Deputy Commissioner, Dhaka………Opposite Party Judgment May 20, 1999. Lawyers Involved: Sultan Ahmad with Malik Syed Ahmad and Md. Joynul Abedin, Advocates — For the..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.......and order dated 25-2-95 passed by the Additional Subordinate Judge Court, Dhaka in title suit No.62 of 1991 wherein the seamed Court has added 3rd party as defendant No.3 in the suit and passed order for amendment of plaint and correction of suit register, accordingly, under Order I, rule 10(2) of t......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....... Vs. Monwara Hospital & others..........Opposite Parties Judgment August 21, 1997. Result: The Rule is made absolute. Cases Referred to- 43 DLR (AD) 107; 43 DLR (AD) 160. Lawyers Involved: Sultan Ahmad with Malik Syed Ahmad, Advocates - For the Petitioners. Md. Rou..Category: Procedural Law | Date: | Hits: 121
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.......Syed Amirul Islam J.- This Rule arises out of an arbitration agreement entered into between the judgment-debtor and the decree-holder-opposite party No.1. The said agreement was executed on 22-6-1987 for laying cable at Mirpur Telephone Exchange and after completion of the work a disÂpute arose bet......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.......olute. Cases Referred to- Mac Foy Vs. United Africa Company Limited, (1962) AC 152; 4 BLC (AD) 21; 6 AIR 1970 SC; 28 DLR (AD) 57; 46 DLR (AD) 96; 6 DLR 473; ILR 13 (Allahabad) 30; 8 DLR 307. Lawyers Involved: Rais Uddin Ahmed, Advocate - For the Petitioner. AY Masihuzzaman, Advocate -..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. ......attar as if the suit has been filed afresh there and respectively under sections 302/34 of the Penal Code proceed in accordance with law and sentencing each of them there under to suffer imprisonment for life and to pay a fine of Taka 1,000.00 each, in default, to suffer RI for six months more and f......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. ......……………Opposite Party (In Criminal Appeal No.2229 of 1991) Judgment June 19, 1994. Result: The Criminal Appeal No.2266 of 1991 and Criminal Appeal No.2229 of 1991 are allowed. Lawyers Involved: Serajul Huq with Md. Anisul Haque & M. Faruqe, Advocates ‑ For the Appell..Category: Criminal Law | Date: | Hits: 147
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......ppeal and reversing the judgment and decree dated 20-10-90 passed in Other Suit 50 of 1986 by the Subordinate Judge, Cox’s Bazar, dismissing the suit. 2. Opposite parties 1-9 instituted the suit for declaration that the order pussed by the Additional Deputy Commissioner Chittagong on 4-4-84 in ......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ...... The rule is made absolute. Cases Referred to- Abdul Majid and other Vs. Province of East Pakistan & ors, 23 DLR 203; Benzir Ahmed Vs. Debendra Chandra Saha and others, 4 BLT 150. Lawyers Involved: Abdul Quayum with Md. Ismail and JBM Hassan, Advocates — For the Petitioner ..Category: Property Law | Date: | Hits: 105
Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)
....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. ......lla (P.W.10) and Abdul Mazid Molla (P.W.11) came to rescue Sadek, but both of them were injured respectively by Siraj and Nurul Islam and that the three injured persons had been taken to the hospital for treatment. 2. On the basis of the First Information Report police investigated the case and u......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. ......d. Joynul Abedin J Humayun Matubbar…..………….Appellant Vs. State……........Respondent Judgment June 2, 1998. Result: The appeal is dismissed with the modification. Lawyers Involved: Shaukat Ali Khan, Advocate — For the Appellant. Syed Abu Kowser, Assistant..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.......espect of possession of the property. 3. The short facts relevant are that CS Plot No.1009 measuring an area of 0.60 acre of land appertaining to CS Khatian No.225 of mouza Kafrul, JL No.268 under former PS Keraniganj was owned and possessed by its recorded tenants namely; Sobhan Matbar and Nazar...... 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.......er 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. Md. Altaf Hossain Khan, Dep..Category: Property Law | Date: | Hits: 156
Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)
....thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......hich Execution Case No.32 of 1993 was instituted. During the pendency of the same the judgment debtor-plaintiff filed Other Suit No.146 of 1996 in the First Court of Assistant Judge Sadar, Chittagong for declaration that the compromise decree passed in Partition Suit No.37 of 1991 of the First Court......thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......Result: The impugned order is set aside. Cases Referred to- Sunahar Ali Vs. Akuali, PLD 1957 (Dhaka) 603; Narsidas Nathubhai Vohra Vs. Manharsingh Agarsing Thakor, AIR 1931 Bombay 247. Lawyers Involved: Abdul Momen Chowdhury, Advocate — For the Petitioner Rabi Shanker Chakraba..Category: Procedural Law | Date: | Hits: 178
Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)
....is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420....... of 1984 accepting the additional written statement. 2. The petitioner as plaintiff filed Title Suit No.164 of 1977 which was subsequently renumbered as Title Suit No.159 of 1984 on transfer. The aforesaid suit is for specific performance of contract of sale of the suit land. The petitioner has a......is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420.......in J Abdur Rahman………..........….Petitioner Vs. Sajjadur Rahman…………..……………..Opposite Party Judgment April 15, 1999. Result: The Rule is made absolute. Lawyers Involved: SK Sinha — For the Petitioner. Not Represented —For the Opposite party. ..Category: Procedural Law | Date: | Hits: 148
....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.
...... Abdul Karim J.- This appeal at the instance of defendant No.1 is directed against the judgment and decree dated 23-4-1998 passed by the learned Subordinate Judge, 3rd Court, Dhaka decreeing the suit for specific performance of contract being Title Suit No.268 of 1981. The appeal arises out of the s......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.
......bu Musa Chowdhury, 1 BCR (1981) 407; Asadunnessa and others Vs. Qumarazzaman and others, 26 DLR 363; Sobharadri Vs. Parthasarathi, AIR 1932 Madras 583; Sankarlinga Vs. Ratnaswami AIR 1952 Mad 389.
Lawyers Involved:
MI Farooqui, with Md. Salimullah, Advocates— For the Appellant.
M Nurullah..
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. ......learned Subordinate Judge, Bogra have been transferred to the Courts of different Assistant Judges of different Upazilas withÂin the district of Bogra under section 24 of the Code of Civil Procedure for trial and disposal. The above Rules are heard together and disposed of by this one judgment. ......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. ......1 DLR (SC) 200; AIR 1961 (SC) 751, 765; 13 DLR 794; 16 DLR 537; 17 DLR 191; PLD 1972 (SC) 362; AIR 1961 (SC) 849; AIR 1980 (SC) 303, 305; PLD 1973 (SC) 589; 5 DLR 233; 4 DLR 394; AIR 1962 ALL 503. Lawyers Involved: Mashi-Ul-Islam, Advocate - For the PetitionÂers. P.K. Bosu with Mansur Babi..Category: Procedural Law | Date: | Hits: 152
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
....the ordinary law and the trial after investigation shall be held by the ordinary Criminal Court in accordance with the ordinary procedure. 7. These are the salient consequences provided for in the Proclamation of Withdrawal of Martial Law dated November 11, 1986. 8. In Act No.1 of 1986 which i......ls upon the respondents to show cause as to why the order dated 13.1.88 Annexure B passed by the Upazilla Nirbahi Officer, respondent No.5 allowing respondent No.6 Abdul Jalil Biswas to seek election for the office of Chairman of No.4 Noapara Union Parishad, UpazilÂla Debhata, District Satkhira sha......valid and to be of no legal effect and as to why fresh election in accordance with law shall not be declared to be held in the said Union Parishad. 2. The petitioner alleges that for violation of Martial Law Regulation Nos.14 and 15 of 1982, i.e., for unauthorised detention and illegal possessio......ee..................Petitioner Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others...............Respondents Judgment April 30, 1989. Result: The Rule is discharged. Lawyers Involved: Rafiqur Rahman, Advocate - For the Petitioner. S.S. Haider, Advocate - For R..Category: Election Law | Date: | Hits: 220
Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)
....t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is sumÂmarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ......ved: ABM Nurul Islam, Advocate —For the PetiÂtioner. Civil Revision No.392 of 1988. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This is an application by six accused petitioners for issuing a Rule upon the respondents to show cause why the order dated 14.3.88 passed by the Sess......t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is sumÂmarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ............Petitioners Vs. The State………………………………………………..Opposite Party Judgment October 26, 1988. Result: The application is sumÂmarily rejected. Lawyers Involved: ABM Nurul Islam, Advocate —For the PetiÂtioner. Civil Revision No.392 of ..Category: Procedural Law | Date: | Hits: 127
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
....ore me. I affirm the judgment and decree of the lower apÂpellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408.......Appeal No.231 of 1980 reversÂing those of Mr. Md. Ali Khan, Munsif-in-Charge, 4th Court, Patiya in Other Suit No.85 of 1978. 2. The facts relevant are these: The plaintiff Abdul Alim filed a suit for permanent injunction against the petitioners one Kamaluddin and his venÂdor. The plaintiff’s ......ore me. I affirm the judgment and decree of the lower apÂpellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408.......2, 1988. Result: The Rule is discharged Cases Referred to- Ahmed Miaji and others Vs. Eakub Ali and others, 12 DLR 708; Muhammad Muzaffar Khan Vs. Muhammad Yusuf Khan, 11 DLR (SC) 78. Lawyers Involved: M. Fazlul Karim, with Mustafa Kamal Pasha, Advocate—For the Petitioners. A..Category: Property Law | Date: | Hits: 95
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ...... Qazi Shafiuddin J. - This appeal is directed against the judgment and decree dated 7.10.72 passed by the learned Subordinate Judge, 1st Court, Barisal in Title Suit No.34 of 1968 dismissing the suit for declaration of a Hebanama as void and inoperative. 2. Plaintiffs case, in short, is that the......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......al is dismissed Cases Referred to- Miaruddin Bhuiyah alias Chand Mia Vs. Saleh Meher Bibi and others 11 DLR 445; Shamshad Ali Shah and others Vs. Syed Hassan Shah and others 16 DLR (SC) 330. Lawyers Involved: Md. Abdus Sobhan with Md. Amzad Hossain, Advocates—For the Appellant. P.C...Category: Property Law | Date: | Hits: 152
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