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Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)

....rrogation, he confessed that he had 19 gold bars with him which were seized by the Customs Officials by a seizure list (Annexure-A to the writ petition). Thereafter, one Md. Jahangir Hossain, Customs Inspector attached to the said Airport lodged first information report on 1-2-2003 with Kotwali Poli......r Merchants, 20 DLR 355; Dr. MO Ghani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Lawyers Involved: Md. Shahidul Islam, Advocate - For the Petitioner. Md. Abdur Rahman Howlader, Assistant Attorney-General - For the Respondents. Writ Petition No.5120 of 2003. Judgment Md. Azizul Haque J.-......ials by a seizure list (Annexure-A to the writ petition). Thereafter, one Md. Jahangir Hossain, Customs Inspector attached to the said Airport lodged first information report on 1-2-2003 with Kotwali Police Station, Sylhet (Annexure-B) alleging, inter alia, that on that day at about 12-00 hours the ......…………….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, 2000 BLD (AD) 152; 52 DLR (AD) 115; Shamsunnahar Salam Vs. Md. Wahidur Rahman, 51 DLR (A..

Category: Fiscal/Taxation Law | Date: | Hits: 177

Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)

....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. ...... PLD 1970, Supreme Court 10; State Vs. Tayeb Ali, 40 DLR (AD) (188) 6; Osman Gani Vs. State, 2001 BLT (AD) 107; Md. Ali Haider Vs. State, 40 DLR 97. Lawyers Involved: MA Mannan, Deputy Attorney-General - For the State. Criminal Appeal No. 617 of 2002. Judgment Md. Azizul Haque J.- Thi......d. Azizul Haque J.- This appeal is directed against the Judgment and order dated 11-11-2001 passed by the Additional Sessions Judge, Moulvibazar in Session Case No.60 of 1999 arising out of Baralekha Police Station Case No.7 dated 15-8-1999 corresponding to GR Case No.377 of 1998 convicting the appe......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

Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)

....other or further order or orders passed as to this Court might seem fit and proper. 2. In short, the facts relevant for disposal of this Rule are as follows: One Md. Ali Ahmed Masud (PFM), Sub-Inspector of Police of Kafrul Police Station, DMP Dhaka, being informant, lodged an ejahar on 11-10-...... Judgment June 3, 2010. Result: The Rule is discharged. Lawyers Involved: Syed Haider Ali, Advocate - For the Accused-Petitioner. Khandker Modarresh Elahi (Tiru), Assistant Attorney-General - For the State-Opposite Party No.1. Md. Khurshid Alam Khan, Advocate - For the ACC-Oppos......her order or orders passed as to this Court might seem fit and proper. 2. In short, the facts relevant for disposal of this Rule are as follows: One Md. Ali Ahmed Masud (PFM), Sub-Inspector of Police of Kafrul Police Station, DMP Dhaka, being informant, lodged an ejahar on 11-10-2007 with the......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)

....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. ......44 = 2 BLC (AD) 16. Lawyers Involved: Shah Md. Munir Sharif with AKM Nurul Alam, Md. Imran Jahangir and Abdul Momin Chowdhury, Advocates - For the Petitioner. Shahidul Islam, Deputy Attorney-General - For the State. Mojibur Rahman Miah, Advocate - For the Opposite Party No.2. Criminal......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. ......arned Additional Metropolitan Sessions Judge, Chittagong should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that, the complainant opposite party No.2 Islami Bank Bangladesh Limited filed CR Case No.138 of 2007 in the Court of Chief Metropolitan Magistrate, Chitt..

Category: Civil Law | Date: | Hits: 150

Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)

....m of dispute same was registered as dispute case No.10 of 1988 under section 86 of the Ordinance. That the respondent No.1 vide his order No.312 contained in Memo Annexure-E to the petition appointed Inspector of the Co-operative Societies, Cox’s Bazar as the arbitrator as per the provision of Sec......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. ......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)

....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. ......-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 Parliament held in 1996 included a constituency in Barisal Division called const......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. ......HCD) (1998) 417. ..

Category: Election Law | Date: | Hits: 162

Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)

....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. ......ner was found guilty on the charges in SML case No.3 (46) of 1982 by the Summary Martial Law Court No.3 on the basis of a First Information Report filed with the Motijheel police station in Motijheel Police Station Case No.191(5) of 1982 and therefore convicted and sentenced to suffer rigorous impri......r Vs. Mustafa Hussain & another……………………Opposite-Parties Judgment November 27, 1997. Result: The Rule is discharged. Cases Referred to- Helaluddin Ahmed Vs. Bangladesh, 45 DLR (AD) 1; Manager, Personal Division Vs. Md. Sazaban Miah & others, 35 DLR 224;..

Category: Employment/Service Law | Date: | Hits: 182

Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)

....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.......n: 44 DLR (HCD) (1992) 268.......tion comprises barren lands and small khal. It is further stated by the Administrator General on oath before this Court that the said trust Estates are scattered in different distant mouza of several Police Stations of the District of Barguna, Perojpur and Jhalakati and it is difficult and impractic...... (Testamentary and Intestate Jurisdiction) Present: Anwarul Hoque Chowdhury J Syed Wali Mohammad Salehuddin, Administrator General, Official Trustee and Official Receiver, Govern­ment of Bangladesh ............Petitioner. Judgment January 4, 1990. Result: The application is ..

Category: Trust/Waqf Law | Date: | Hits: 166

Pabna Motor Employees Association Vs. Member, Labour Appellate Tribunal and others, 1991, 20 CLC (HCD)

....eason to quash the judgment and order impeached in this writ petition. The result is: we discharge the Rule. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 265. ......gment May 20, 1991. Result: The Rule is discharged. Cases Referred to- Dada Match Workers Union Vs. Government of Bangladesh and others, 29 DLR 188; Khulna Shipyard Employees Union Vs. General Manager, Khulna Shipyard and others, 30 DLR 368. Lawyers Involved: SS Halder, Senior A......eason to quash the judgment and order impeached in this writ petition. The result is: we discharge the Rule. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 265. ......, Labour Appellate Tribunal and others...............Respondents Judgment May 20, 1991. Result: The Rule is discharged. Cases Referred to- Dada Match Workers Union Vs. Government of Bangladesh and others, 29 DLR 188; Khulna Shipyard Employees Union Vs. General Manager, Khulna Shipy..

Category: Labour and Industrial Law | Date: | Hits: 171

Rehana Ahmed and others Vs. Nahar Shipping Lines Lim­ited, 1990, 19 CLC (HCD)

....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.......ter the death of Ashraf Ahmed the petitioner No.1 attended the annual general meeting held on 27.9.85 and 15.1.87. But in spite of giving the notices the petitioner No.1 did not attend the 7th Annual General Meeting held on 31.12.87, 8th Annual General Meeting held on 26.1.88 and 9th Annual General ......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.......ctor of the Company respectively. However, the bank account of the company was opened and operated by joint signatures of the respondent No.2 and late Md. Ashraf Ahmed. The company obtained loan from Bangladesh Shilpa Rin Sangstha (BSRS) Respondent No.3 and the Investment Corporation of Bangladesh (..

Category: Company Law | Date: | Hits: 233

Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)

....lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ......lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ......applicable for trial of cases by a Magistrate and there is no distinction between the summons cases and warrant cases at the trial stage. A Criminal case may be initiated and taken cognizance of upon Police Report or upon complaint or otherwise. In cases taken cognizance of upon complaint either sum......lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ..

Category: Procedural Law | Date: | Hits: 85

M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)

.... 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. ......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 implement the order. He therefore submitted anot...... 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. ......rt High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Nurul Hoque Bhuyia J M.A. Mannan........................Petitioner Vs. Biman Bangladesh Air Lines........................Respondents Judgment March 6, 1989. Lawyers Inv..

Category: Employment/Service Law | Date: | Hits: 225

Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)

....is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ......, 3 BLC (AD) 6; Mujibur Rahman, 44 DLR (AD) 111. Lawyers Involved: Rafique-ul-Huq with M Moniruzzaman Khan and Shafiqul Kabir Khan, Advocates - For the Petitioner. M Faruque, Deputy Attorney-General - For the Respondent No.1. AJ Mohammad Ali, Advocate - For the Respondent No. 4. Writ ......is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ......diction) Present: K M Hasan J Md. Tafazzul Islam J Sazedur Rahman (Md.)……………………Petitioner Vs. Secretary, Ministry of Establishment, Superior Appointment Division, 4, Bangladesh Secretariat, Dhaka and others……………………Respondents Judgment March 23,..

Category: Administrative Law | Date: | Hits: 326

Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)

....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. ......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

Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)

....y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......Additional Sessions Judge, 1st Court, Dhaka in Metropolitan Criminal Revision No.484 of 2001 upholding the judgment and order dated 16-9-2001 passed by the learned Chief Magistrate, Dhaka in Sutrapur Police Station Non-FIR, Prosecution No.295 dated 12-9-2001 under sections 495/497/109 of the Penal C......d rec­ommend the Ministry of Law to review the provi­sions of section 199 of the Code of Criminal Procedure, 1898, that was enacted long before adopting the Constitution of the People's Republic of Bangladesh, guaranteeing some fundamental rights to each citizen of the country. Whereas, the provis..

Category: Criminal Law | Date: | Hits: 79

Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)

....iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dis­missed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......n by Order dated 4-10-2004 and challenging the said Order, the appellant filed Writ Petition No.6107 of 2004 before the High Court Division and obtained the Rule. 3. Respondent No.3, the Assistant General Manager, Sonali Bank, Supreme Court Branch, contested the Rule by filing an affidavit-in-opp......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dis­missed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ...... Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtazuddin Ahmed J Md. Shamsul Huda J  Humayun Hossain Khan.............................Appellant Vs. Bangladesh & others………………………………….Respondent Judgment October 20, 201..

Category: Civil Law | Date: | Hits: 138

Abdul Kader and another Vs. Abdul Aziz having died his heirs; (1) Musammat Masuda Begum and others, 1994, 23 CLC (HCD)

.... In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 67. ...... In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 67. ...... In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 67. ......mmat Masuda Begum and others ..........................Opposite Parties Judgment May 2, 1994. Result: The Rule is discharged. Cases Referred to- Ali Ekabbar Farazi Vs. Government of Bangladesh, 26 DLR 394; Shyamapada Singha and others Vs. Dhirendra Nath Bhadra alias Sutka Bhadra &a..

Category: Property Law | Date: | Hits: 78

Baharuddin Vs. State, 1993, 22 CLC (HCD)

....e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61.......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61....... Madhak Drabbya Niyantran Ain, 1990 (Act 11 of 1990) and sentencing each of them to suffer rigorous imprisonment for 2 years. 2. The prosecution case, as made out in the FIR lodged with the Mirpur Police Station on 8.6.1990 by one Monirul Islam, ASI Mirpur is, that the informant along with some c......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61...

Category: Criminal Law | Date: | Hits: 81

Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)

.... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57.......s, WP No. 630 of 1979 (unreported). Lawyers Involved: Mainul Hosein with Md. Joynul Abedin, Advocates ‑ For the Petitioners (In both the writ petitions). AK Mujibur Rahman, Deputy Attorney General with Md. Saidur Rahman, Assistant Attorney General ‑ For the Respondent No. 2 (In both the...... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57.......etitioner (In Writ Petition No. 2644 of 1990) Abdul Gani, Proprietor of Oriental Engineering Company...........................Petitioner (In Writ Petition No. 346 of 1991) Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division and others..

Category: Fiscal/Taxation Law | Date: | Hits: 155

Chittagong Port Autho­rity Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)

.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......nand, 7 SCC 348; Olympus Super Stracture Pvt. Ltd. Vs. Meena Vijoy Khetan, 5 Supreme Court Case 651; Executive Engineer LGED, Rangpur Vs. A Latif & Company Ltd., DLR 656; Ananda Builders Ltd. Vs. Bangladesh Water Transport Authority, 57 DLR (AD) 31; Bangladesh Power Develop­ment Board Vs. Arab ..

Category: Alternative Dispute Resolution | Date: | Hits: 334