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Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)

....pursuant to the filing of their application for mutation other than an application said to have been made on 12th May, 2009 to the Deputy Commissioner, Chittagong. They stated that they prayed to the Assistant Commissioner (Lands, Sadar), Chittagong for mutation of their names who expressed his inab......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......to appreciate the statement of law argued by this Division in the above case which has no manner of application in this case. 11. Writ petitioners did not enclose any paper or order of the Revenue Officer pursuant to the filing of their application for mutation other than an application said to h..

Category: Property Law | Date: | Hits: 68

Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)

.... 13, 2011. Case Referred to- Uttara Bank Vs. Macneill & Kilburn, 33 DLR (AD) 298. Lawyers Involved: MA Hannan, Advocate—For the Petitioner. SM Moniruzzaman with Pratikar Chakma, Assistant Attorney-General—For the Respondents. Writ Petition No. 6114 of 2011. Judgment ......the Appellate Division which is binding on us we are of the view that this applica­tion merits no substance which is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (2011) 679. ......the Appellate Division which is binding on us we are of the view that this applica­tion merits no substance which is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (2011) 679. ..

Category: Business or Commercial Law | Date: | Hits: 200

Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)

.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489....... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......ver the dead body and sent the same to Narayanganj for holding post‑mortem examination thorough P.W.5 Constable No.323 Siddiqur Rahman and Constable No.993 Menhazuddin. 5. P.W.12 Paritosh Bonik, Officer‑in‑Charge, Bandar Police Station, endorsed the case to P.W.11 SI Khondker Zahidul Islam ..

Category: Criminal Law | Date: | Hits: 91

Md. Mujibul Huq and others Vs. Md. Tasar Ali being dead his heirs: 1(a) Md. Jabbar Mia and others, 2010, 39 CLC (AD)

.... No. 1412 of 1997 affirming those dated 15th September, 1996 of the learned Subordinate Judge, 3rd Court, Rangpur in Other Class Appeal No.151 of 1993, who affirmed those dated 21st June, 1993 of the Assistant Judge, Kaunia in Other Suit No.18 of 1998. 2. Petitioners instituted the suit for decla......h the concurrent find­ings of fact arrived at by the Courts below. This petition is, therefore, dismissed with a cost of Tk. 5,000/- Ed. This Case is also Reported in: VIII ADC (2011) 449. ......h the concurrent find­ings of fact arrived at by the Courts below. This petition is, therefore, dismissed with a cost of Tk. 5,000/- Ed. This Case is also Reported in: VIII ADC (2011) 449. ..

Category: Property Law | Date: | Hits: 68

Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)

.... District Judge, 7th Court, Dhaka in Title Appeal No. 247 of 2007 dismissing the appeal and affirming the judgment and decree dated 30-6-2007 (decree signed on 10-6-2007) passed by the learned Senior Assistant Judge, Savar, Dhaka in Title Suit No.169 of 2003 dismissing the suit should not be set asi......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ..

Category: Property Law | Date: | Hits: 74

Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)

....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ..

Category: Alternative Dispute Resolution | Date: | Hits: 172

Sanowara Begum and others Vs. Mohammad Rashedul Hoque and others, 2009, 38 CLC (AD)

....ssed by the Trial Court, in Civil Revision No.3393 of 2008. 2. The facts, in brief, are that the petition­ers filed a suit, being the Other Class Suit No.375 of 2007, in the Fifth Court of Senior Assistant Judge, Chittagong, pray­ing for a decree for partition of the suit-land, with a further p......ng on behalf of the peti­tioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ......ng on behalf of the peti­tioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ..

Category: Administrative Law | Date: | Hits: 166

Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)

....e absolute and setting aside the judg­ment and decree dated 31.01.1999 passed by the learned Additional District Judge, 5th Court, Dhaka in Title Appeal No.223 of 1997 affirming those of the learned Assistant Judge, 3rd Court, Dhaka dated 31.07.1997 in. Title suit No.160 of 1994 decreeing the suit ......e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ......e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ..

Category: Property Law | Date: | Hits: 71

Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)

.....2007 passed by the learned Additional District Judge, Thakurgaon in Other Appeal No.44 of 2006, reversing the judgment and decree dated 26.06.2006 (decree signed on 02.07.2006) passed by the learned Assistant Judge, Baliadangi, Thakurgaon in Other Class Suit No.15 of 2004 dis­missing the suit. ...... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ...... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ..

Category: Property Law | Date: | Hits: 79

Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)

....……………….Respondents Order March 13, 2011. Lawyers Involved: M.K.Rahman, Additional Attorney General (with Mustafa Zaman Islam, Deputy Attorney General and A.S.N. Nazmul Haque, Assistant Attorney General), instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......functionaries in the table of the Warrant of Precedence is of a significant nature, and not merely of a ceremonial nature. This, in fact, affects the ability of the District Judges and other Judicial Officers to perform their func­tions effectively and independently with­out virtually being or bei..

Category: Constitutional Law | Date: | Hits: 441

Md. Nurul Hussain Vs. Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, P.S. Motijheel, Dhaka and others, 2011, 40 CLC (AD)

....ne, 1981 the Secretary, Jute Trading Corporation Ltd. issued a letter to M/s. Haque Company, the tenant, advising to hand over the vacant possession of the schedule premises to Mr. Q.M. Kamal, Senior Assistant, Jute Trading Corporation Ltd. and Inspector, Special Property Cell (Jute), Dhaka for onwa......ral and documentary, and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 410. ......ral and documentary, and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 410. ..

Category: Property Law | Date: | Hits: 82

Mohammad Hossain and others Vs. Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and non-resident properties, Noakhali and others, 2011, 40 CLC (HCD)

....ion) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J Mohammad Hossain and others…………………………………Appellants Vs. Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and non-resident properties, Noakhali and others………………..Resp...... parliamentary affairs, Government of Bangladesh. Send down the lower Court record. Communicate this order at once. Ed. Md. Nuruzzaman J.-I agree. This Case is also Reported in: ...... Cases Referred To- Saju Hossain and others Vs. Bangladesh and anther, 58 DLR (AD) 177; Aroti Rani Pau Vs. Sudarshan Kumar Paul and others, 56 DLR (AD)-73; Laxmi Kanta Roy Vs. Upazilla Nirbahi Officer and another, 46 DLR-136; M/S Dulichand Omraolal VS. Bangladesh, through the Secretary, Minis..

Category: Property Law | Date: | Hits: 66

State Vs. Kazol, 2011, 40 CLC (HCD)

....9 Paragraph 9. Lawyers Involved: A.M. Md. Azizul Haque, Advocate-For the Condemner Prisoner/ State Defense Lawyer. Bhishmadev Chakrabortty, Deputy Attorney General with Atiqul Haque (Salim) Assistant Attorney General and Abu Saleh Md. Fazle Rabbi Khan, Assistant Attorney General-For the St...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ......persons as above. The credibility of these assertions as to the ostensible dying declaration becomes questionable upon consideration of the deposition of the P.W.15 S.I. Borhan Uddin as Investigation Officer (“I.O.”) who prepared the Seizure List, Sketch Map and Surathal Report and sent the body..

Category: Criminal Law | Date: | Hits: 106

Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)

....tioner. Rakib Ahmed, Advocate ‑ For the Opposite Parties. Civil Revision No.720 of 1990. Judgment Badrul Islam Chowdhury J.- This Rule arises out of an order dated 28.3.90 passed by the Assistant Judge, First Additional Court Dhaka in Title Suit No.93 of 1990 the suit so renumbered aft......ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ......ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ..

Category: Property Law | Date: | Hits: 80

lqbal Ahmed Quraishi Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Dhaka, 1991, 20 CLC (HCD)

.... of Bangladesh, Dhaka...........................Respondents Judgment November 18, 1991. Lawyers Involved: MI Farooqui with M Saleemullah, Advocates - For the Petitioner. Fakhrul Islam, Assistant Attorney General‑ For the Respondents. Writ Petition No. 704 of 1989. Judgment ......ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 416. ......ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 416. ..

Category: Property Law | Date: | Hits: 86

Trade Channel Vs. Collector of Customs, Customs House Chitta­gong and others, 1990, 19 CLC (HCD)

.... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ...... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ......‑G1) and SRO No.138‑L/90/1287/ Customs, Gazette dated 8 April), 1990, SRO No 224‑L/90/1302/Customs, Gazette dated 14.6.90 (Annexure‑G2). He further argues that the assessment by the Assessing Officers of respondent No.1 Collector of Customs Chittagong on the basis of the SROs in force on the..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)

....l Karim, Advocates ‑ For the Prtitioner. Aminul Huq, Attorney‑General with AFM Hasan Arif, Deputy Attorney‑General, Amirul Kabir Chowdhury, Deputy Attorney‑General, Obaidur Rahman Mostafa, Assistant Attorney‑General and Farid Ahmed, Advocate ‑ For the Opposite Party. Criminal Revis......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......clothes in these trunks and those were kept by 8 members of the Committee under their supervision at Dhaka Treasury in a steel trunk under seal and on the charge sheet it has been mentioned by Police Officer namely, Bureau of Anti‑Corruption that the money received in his house was Tk. 1,90,81,565..

Category: Criminal Law | Date: | Hits: 125

Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)

....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ..

Category: Criminal Law | Date: | Hits: 89

Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)

....rred to- Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 40 DLR (AD). Lawyers Involved: Shahid Alam Advocate‑For the Petitioner. Qazi Akhter Hossain, Assistant Attorney General‑For the Respondents. Writ Petition No.535 of 1987. Judgment Fa......petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ......cences No.20 and 9/84 without asking any reason and without giving them any chance to be heard before the order cancellation of the said licences was passed. 2. The facts of the case are, that the Officer-­in‑Charge, PS Shibchar, District Madaripur by orders contained in Annexures 'H' and H(1)..

Category: Constitutional Law | Date: | Hits: 174

Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)

....ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ..

Category: Criminal Law | Date: | Hits: 89