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Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ...... a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......e date he moved the writ petition. He was away from the country and craved permission of the Court to affirm affidavit on his behalf by one HBM Shoava Rahman. The permission was given and the learned Judges issued Rule Nisi as above. It is now settled that a fugitive from Justice is not entitled to ..

Category: Criminal Law | Date: | Hits: 107

Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)

....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......sed by a Division Bench of the High Court Division in First Appeal No.140 of 2005 allowing the same and thereby reversing the judgment and decree dated 12.04.2005 passed by the learned Joint District Judge, Second Court, Narayangonj in Title Suit No.109 of 2000 dismissing the suit. 2. The averme..

Category: Civil Law | Date: | Hits: 186

Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)

....on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......nt and decree dated 29.01.2009 passed by a Single Bench of the High Court Division in Second Appeal No.291 of 1978 affirming the judgment and decree dated 30.11.1977 passed by the learned Subordinate Judge, Kushtia in Title Appeal No.72 of 1976 reversing the judgment and decree dated 26.05.1976 pass..

Category: Property Law | Date: | Hits: 101

Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)

....ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......eral - For the respondent. Criminal Appeal No.1938 of 1996. Judgment Md. Ruhul Quddus J.- This appeal is directed against judgment and order dated 31.8.1995 passed by the Additional Sessions Judge, Narayangong in Session Case No.40 of 1994 convicting the appellant under section 302 of the P..

Category: Criminal Law | Date: | Hits: 101

SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)

....ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......ion of the case is illegal, as the first information report was lodged by a private person who himself is an inter­ested person. He further submits that except follow­ing the mandatory provision of Special Law i.e. Anti-Corruption Rules, 2007 no person can initiate or investigate the trap cases an......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ..

Category: Criminal Law | Date: | Hits: 111

Commissioner of Customs, Chittagong Vs. Tectonics and others, 2010, 39 CLC (HCD)

....al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ......is rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ......al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ..

Category: Procedural Law | Date: | Hits: 111

Abdul Quayum Vs. International Finance Investment and Commerce Bank Ltd. and others, 2010, 39 CLC (HCD)

....t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld. Send down the lower Court records. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 359. ......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld. Send down the lower Court records. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 359. ......t Appeal No. 348 of 2007. Judgment Farid Ahmed J.- This Appeal at the instance of the plaintiff was directed against the judgment and decree dated 12-9-2007 passed by the learned Joint District Judge, 5th Court, Dhaka in Title Suit No.83 of 2007 rejecting the plaintiff of the suit. 2. The a..

Category: Employment/Service Law | Date: | Hits: 175

Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)

....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......11) 354. ..

Category: Civil Law | Date: | Hits: 269

Md. Fazlur Rahman & others Vs. Government of the People's Republic of Bangladesh & others, 1989, 18 CLC (HCD)

.... service cannot be sustained. In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 459.......all the Writ petitions are made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 459....... service cannot be sustained. In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 459...

Category: Others | Date: | Hits: 167

Machafrue Magni Vs. Seman Magni & others, 1988, 17 CLC (HCD)

....al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ......al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ......5 of 1976. Judgment Abdul Jalil J.- This appeal at the instance of the plaintiff is directed against a judgment and de­cree dated 22.7.76 passed in Title Suit No.103 of 1975 by the Subordinate Judge, Patuakhali dismiss­ing the suit for declaration of title on contest with cost. 2. The app..

Category: Property Law | Date: | Hits: 107

Anwar Ali Vs. State, 1987, 16 CLC (HCD)

....ank P.W.8 Dabiruddin, the then Assistant Inspector, District Anti-Corruption Bureau lodged F.I.R. Ext.10 with Pabna P.S. on 31.3.83 giving rise to D.A.B.G.R. case No.7 of 1983 in the Court of the Sub-Divisional Magistrate, Sadar, Pabna. Informant P.W.8 Dabiruddin, Assist­ant Inspector, District Ant......iminal Appeal No.325 of 1987. Judgment Fazle Hussain Mohammad Habibur Rahman J.- Accused-Appellant Md. Anwar Ali was tried in absentia and convicted u/s 16 (3) read with section 16(1)(a) of the Special Powers Act, 1974 by Mr. Afzalul Huq, Special Tribunal, Pabna on 7.2.87 in Special Tribunal c...... Pabna and its 7 Directors for reali­sation of the said dues and also for realisation of damages and interest till the realisation of the total amount due to the Bangladesh Shilpa Bank. The District Judge, Pabna by his order dated 13-5-78 passed ad-interim order of attachment of the machineries of ..

Category: Criminal Law | Date: | Hits: 108

Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)

....d cancelled. A copy of the de­cree be sent to the Sub-Registrar concerned for neces­sary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......d cancelled. A copy of the de­cree be sent to the Sub-Registrar concerned for neces­sary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......lication under section 115 of the Code of Civil Procedure at the instance of the plaintiff is directed against the judgment and de­cree dated 6.6.85 and 8.7.85 respectively passed by the Subordinate Judge, Barguna, in Title Appeal No.25 of 1985 reversing the judgment and decree dat­ed 29.3.84 and ..

Category: Property Law | Date: | Hits: 82

Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)

....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441....... Nos.471 of 1987; 561 of 1987 1986 have been heard one after another. 2. Civil Revision No.471 of 1987 is directed against an order and judgment dated 5.2.1987 passed by the learned Addl. District Judge, 1st. Court, Dha­ka in Miscellaneous Appeal No.211 of 1985 and in that the Rule was issued on..

Category: Property Law | Date: | Hits: 88

Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)

....result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132...

Category: Property Law | Date: | Hits: 108

Daulatpur Traders & Co. Ltd. Vs. Eastern Federal Union Insurance Co. Ltd. & another, 1989, 18 CLC (HCD)

....lt all the three appeals are dis­missed but in the facts and circumstances of the case we direct the parties to bear their own costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 125. ......lt all the three appeals are dis­missed but in the facts and circumstances of the case we direct the parties to bear their own costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 125. ...... 3 appeals under Clause 15 of the Letters Patent, 1865 have been heard together and will be disposed of by this com­mon judgment as they arise out of the same judg­ment and order passed by a Single Judge of this Di­vision. 2. Consequent upon a fire which broke out on the 10th June, 1968 at the..

Category: Business or Commercial Law | Date: | Hits: 290

Soleman & Others Vs. State, 1989, 18 CLC (HCD)

....umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......ts Soleman, Alfi Miah alias Aktar Hossain, Somed Miah and Dudu Miah have preferred this appeal against the judgment and order of conviction and sen­tence dated 30.9.85 passed by the learned Sessions Judge, Habiganj in Sessions Case No.18 of 1984, convicting all the accused appellants under sections..

Category: Criminal Law | Date: | Hits: 141

Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)

....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......t Qazi Shafiuddin J.- This rule was issued calling upon the opposite party to show cause why the judgment and decree dated 27.2.86 and 9.3.83 respectively passed by the learned Additional District Judge, in Title Appeal No.103/83 affirming those dated 14.4.83 and 21.4.83 respectively passed in Ti..

Category: Civil Law | Date: | Hits: 152

Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)

....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......hority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110...

Category: Others | Date: | Hits: 175

Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)

....igh Court, are 435(1) and 439(1), (4) and (5) which read as follows :— "435. (1) The High Court Division or any Sessions Judge (Chief Metropolitan Magistrate) or District Magistrate, or any Sub-Divisional Magistrate empowered by the Govt. in this be­half, may call for and examine the record o......rth­with from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ...... upon the Deputy Commissioner, Manikganj and the opposite party No.2 to show cause as to why accused Jalaluddin who has al­ready been acquitted in Sessions Case No.63/1984 by the Additional Sessions Judge, Manikganj on 29.9.85 should not be released from custody on the ground that his detention in ..

Category: Criminal Law | Date: | Hits: 101

Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)

.... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ...... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ......l J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against the judg­ment and order dated 5.3.89 passed by the Election Appellate Tribunal and the learned District Judge, Narshingdi in Election Tribunal Appeal No.7 of 1989 affirming the judgment and order dated 9...

Category: Election Law | Date: | Hits: 187