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Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
....f not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242.......confessional statement under section 164 of the Code of Criminal Procedure made by convict Abul Hashem is not true and voluntary and same was extracted by threat and putting fear on him though at the time of examination under section 342 of the Code of Criminal Procedure convict Abul Hashem stated b...... 16(sixteen) years released from the Jail immediateÂly, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242....... 16(sixteen) years released from the Jail immediateÂly, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242...Category: Criminal Law | Date: | Hits: 112
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
....me Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Mozammel Hoque J Md. Awlad Ali J Major (Retd.) M Khairuzzaman…………………Petitioner Vs. State……………………Opposite Party Judgment October 30, 1997. Result: The Rule is......and reputation. He comes of an enlightened distinguished well-to-do Muslim family of this country. The petitioner was arrested by the Police on 13-8-1996 in connection with the aforesaid case. At the time of his arrest he was serving in the Ministry of Foreign Affairs as Director-General in the rank......tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283...Category: Criminal Law | Date: | Hits: 105
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....ule is accordingly disposed of. Cases Referred to- Bahori Lal Vs. Sri Ram, AIR 1946 All. 139; Ramdeo Vs. Messers B Chand, AIR 1962 Raj 164. Lawyers Involved: Nurul Huq with Alauddin, Advocates - For the Appellant. AF Hassan Arif with SM Rezaul Karim and Md. Mostafa, Advocates - For th......se, the defendant-respondents filed Civil Appeal No.68 of 1989 before the Appellate Division which was also dismissed on 15-3-90. The Appellate Division while dismissing the appeal gave one month’s time to the defendant-respondents for vacating the suit house, Defendant-respondents, thereafter, fi......ructing his house thereon. But said MA Nasir failed to repay the said loan. Accordingly, House Building Finance Corporation filed Miscellaneous Case No.88 of 1976 under Article 27 of PO 7 of 1973 for recovery of Taka 59,653.00 and obtained an ex parte decree. In execution of the said decree the prop......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280...Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....ee dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......The defendant-appellant wanted to sell the suit property in order to buy some other valuable properties with the sole proceeds thereof. Since the failed to buy such property she requested for further time to enable her to execute and register sale deed in respect of her suit property. The plaintiff-......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ..Category: Civil Law | Date: | Hits: 148
....t
February 4, 1998.
Result:
The Rule is made absolute.
Case Referred to-
Kazi Motiur Rahman and others Vs. Bin Islam, 43 DLR 128.
Lawyers Involved:
Md. Reza-e-Murshed Kamal, Advocate - For the Petitioner.
Not Represented - For the Opposite Parties.
Civil Revision No. 276 o......able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs.
Send down the LC records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 271.......ecreeing the suit.
2. Relevant facts for the purpose of the case, in short, are that the opposite parties as plaintiffs instituted a suit in the Court of the Assistant Judge, Madargonj praying for recovery of the suit land measuring 5 decimals under section 9 of the Specific Relief Act. The plain......able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs.
Send down the LC records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 271...
Category: Property Law | Date: | Hits: 86
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....………………………Respondent Judgment February 12, 1998. Result: The appeal is dismissed. Lawyers Involved: Khandakar Mahabubuddin Ahmed with SR Khorshnabish, M Hasan, Advocates - For the Appellant. Habibul Islam Bhuiyan with SM Rezaul Karim, Abdul Khaleque, Md. Obaidur......t the letting of the property was affected by two brothers jointly. A two-storied building had been constructed in the land of Schedule ‘A’ being house No.5, Circuit House Road, Dhaka, in the lifetime of Khan Bahadur Moklesur Rahman. Plaintiff has been living in the first floor and defendant No....... varendha of the two-storied building with Iron grills and also Taka 5,000.00 for gas connection to the property of schedule ‘A’. The case of defendant No.1 is that the defendants are entitled to recovery of Taka 71,000.00 and Taka 74,000.00 for the improvement made in the property of schedule â......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ..Category: Property Law | Date: | Hits: 109
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
....sent: Abdul Karim J Ali Asgar Khan J Ansarul Hoque…………………Plaintiff Vs. Agrani Bank…………………Defendant Judgment December 10, 1997. Result: The applications are disposed of with a direction to return the plaints. Cases Referred to- Muhammad Abd...... case the plaintiff desires to proceed hereunder, be instituted by presenting a plaint in the form prescribed; but the summons shall be in Form No.4 in Appendix B or in such other form as may be from time to time prescribed. (2) In any case in which the plaint and summons are in such forms respec...... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263....... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263...Category: Procedural Law | Date: | Hits: 92
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....€¦..Petitioner Vs. Commissioner, Customs, Excise and VAT, Sylhet and others………………….Respondents Judgment June 6, 2010. Result: The Rule is discharged and the petition dated 18-5-2010 for direction is rejected. Cases Referred to- Khalilur Rahman Vs. Bangladesh, 2......runs as under: "34B. Act to override all other laws.- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Code or in any other law for the time being in force." 17. The quoted provisions of section 34B of the Act shows that it is the no......dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ......dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......a PS Case No.7 dated 15-8-1998 was stated and police after investigation submitted charge sheet against the four accused including the appellants under sections 302/34 of the Penal Code. 5. At the time of trial, accused Bakul Chandra Das and Manik Lal Das were absconding. The trial was held in th......erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ..Category: Criminal Law | Date: | Hits: 75
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....e Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Azizul Haque J Solaiman (Md.)……………………….Petitioner Vs. State and another………………………………opposite Parties Judgment April 8, 2010. ...... alia, that on 8-10-2006 the petitioner-accused Md. Solaiman took Taka 12,00,000 from her for his business purpose on the condition that he would return the money within a month. After expiry of that time, the complainant demanded the said money and the petitioner issued two cheques, both dated 8-3-......ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385.......ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385...Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....preme Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Hye J Md. Abdus Samad J Amanullah (Md.)……………………..Accused-petitioner Vs. State and another………………………Opposite Party Judgment June 3, 2010. Result: ...... stated above, we are inclined to hold that there is no substance in the Rule and, as such, it is liable to be discharged. In the result, the Rule is discharged. The order of stay passed at the time of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Cour......me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ......me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ..Category: Criminal Law | Date: | Hits: 84
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....upreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Abdul Hafiz J Rafiqul Islam…………………….Petitioner Vs. State and another……………………Opposite Parties Judgment February 23, 2009. Result:......on of law. 6. He further submits that the second notice was served upon the petitioner on 21-6-2001 and the petitioner received the notice on 25-6-2007; that the petitioner will get 1(one) month's time from the date of receipt of the notice but the complainant filed the instant case before expiry......g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ..Category: Civil Law | Date: | Hits: 150
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....98) 426. ...... membership of the petitioner and other disciplinary actions against the petitioner excepting cancellation of his lease of the project till hearing of the dispute case No.10 of 1988. 6. In the meantime on 16-7-1988 upon an application filed by one Moazzem Hossain and Md. Alamgir intimating the re......en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....esh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......matter raised a constitutional question of importance we asked Mr. Rafiq-Ul Huq, Mr. AR Yousuf, Mr. M Nurullah and Mr. M Mahmudul Islam, the learned senior counsels of this Court to be present at the time of hearing and assist us in the matter as amicus curiae. 3. The General election to Parliame......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....diately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ...... case and further I find that the suit was not hit by section 42 of the proviso as it was not a mere declaration but there were consequential relief to the extent it was capable of being asked at the time of institution of the suit by the plaintiff. Further, in a matter like this the finding whether......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ..Category: Employment/Service Law | Date: | Hits: 182
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....rur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......stator or wife of Testator's son, then the net income of the trust property shall be paid to the University of Calcutta for the advancement of education amongst the Hindu females of Bengal until such time as a son is born to or shall be adopted by the son of the Testator or wife of Testator's son An......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268...Category: Trust/Waqf Law | Date: | Hits: 166
Rehana Ahmed and others Vs. Nahar Shipping Lines LimÂited, 1990, 19 CLC (HCD)
.... Nahar Shipping Lines LimÂited, Red Cross, Chamber Building (4th floor) 87, Motijheel Commercial Area, Dhaka and others ..............Respondent Judgment July 17, 1990. Result: The application is dismissed. Cases Referred to- Mahmudur Rahman Vs. Monipur Tea Company Ltd., 28 DLR 13......tated that the respondent No.1, the company was formed in 1976 at the initiative of respondent No.2 and late Md. Ashraf Ahmed. They both were the promoters and architects of the said company. At that time of formation of the said company it was agreed between these two persons that the shares of the......pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256...Category: Company Law | Date: | Hits: 233
M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
.... Judgment Nurul Huque Bhuiyan J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondent to show cause as to why the order dated 19.10.87 signed by the Assistant Manager (Personnel) of the respondent-Corporation should not b...... job he was to do. Against this order the petitioner submitted a representation to the Managing Director and consequently the order of the Director, Flight Operation, was kept in abeyance. In the meantime the petitioner came to know that the General Manager, Central Control, was determined to implem...... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ...... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ..Category: Employment/Service Law | Date: | Hits: 225
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....s, 19 DLR (SC) 516; AFM Shah Alam and others Vs. Mujibul Huq and others, 41 DLR (AD) 68; Rafiqul Alam (Md.) Vs. Mustafa Kamal and others, 42 DLR (AD) 137. Lawyers Involved: Probir Halder, Advocate - For the Petitioner. Md. Jainul Abedin, Advocate - For Respondent No.6. Writ Petition No....... an objection before the Returning Officer against respondent No.7 alleging, inter alia, that he was not qualified for contesting the said election as Chairman for he was a Government servant at that time. The respondent No.5 on scrutiny rejected the nomination paper the respondent No.7 vide order d......l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ......l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ..Category: Election Law | Date: | Hits: 154
Abul Kalam Azad (Md.) and others Vs. Md. Kamrul Hasan and others, 1997, 26 CLC (HCD)
....others……………………Opposite Parties Judgment November 19, 1997. Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan with Goutam Kumar Roy with Subrata Saha, Advocates ‑ For the Petitioners. Mir Mahfuzur Rahman with Fara Mahmuda, Advocates ‑......red the submissions of the learned Advocates of the respective parties. The impugned order runs as under: "Heard. The petition dated 19‑10‑93 for amendment of plaint is allowed and at the same time petition dated 21‑4‑93 for rejection of plaint is hereby rejected. The plaint and register ...... stay granted at the time of issuance of the Rule is vacated. Let a copy of the order be sent to the Court concerned immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 259. ...... stay granted at the time of issuance of the Rule is vacated. Let a copy of the order be sent to the Court concerned immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 259. ..Category: Procedural Law | Date: | Hits: 85
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