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Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)

.... I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72.......re produced in Court on 6 occasions on 20.05.1972, 26.06.1972, 12.07.1972, 27.07.1972, 12.08.1972 and 28.08.1972 before the T.I. Parade was held on 07.09.1972. Accused Shahadat Hossain was granted ad-interim bail on 26.06.1972 accused Abul Kashem and Kazi Enayet Hossain were also granted bail subseq......5 of 1983. Judgment Mohammad Ismail Uddin Sarker J.- This appeal by the 3 accused appellants namely, Shahadat Hossain, Kazi Enayet Hossain and Abdul Kashem is directed against the judgment and order of conviction and sentence dated the 25th May, 1983 passed by the Assistant Sessions Judge, Jh......ppeal is dismissed and the order of conviction and sentence pas­sed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72...

Category: Criminal Law | Date: | Hits: 142

Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)

....………………….Petitioners Vs. Karim Khan and others………………………………………………….Opposite Parties Judgment December 1, 2002. Result: The Rule is made absolute. Cases Referred to- Lal Medh Vs. Haji Md. Ibrahim Meah, 28 DLR (AD) 61; Sultanudd......nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ......rt in an appropriate civil suit." He has further referred 43 DLR 226 "There is no specific area or demarcation of the land allegedly encroached by the defendants ­opposite parties, in such a case no order of temporary injunction can be granted" and in this connection he has referred schedule 'A' de......nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ..

Category: Property Law | Date: | Hits: 144

Deputy General Manager, Rupali Bank Limited and another Vs. Nazrul Islam Patwary and others, 1992, 21 CLC (HCD)

....t subjected to the Administrative Tribunals Order. By Ordinance No.16 of 1984, the bank employees were included. The learned Judge found that on the date of termination, namely 15.9.81 the plaintiff had only the civil Court as forum for getting the relief. He also found that the order of termination...... of law and thus call for no interference from this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 406.......he Rupali Bank. That by a letter dated 15.9.81 his service was terminated by the Assistant General‑Manager without any show cause notice. It is asserted by the plaintiff‑opposite‑party that the order of termination is mala fide. The plaintiff‑opposite‑party filed a Review petition but got ...... of law and thus call for no interference from this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 406...

Category: Labour and Industrial Law | Date: | Hits: 233

Syed Mozammel Huq Vs. People's Republic of Bangladesh represented by Secretary, Ministry of Works and others, 1991, 20 CLC (HCD)

....nformation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 403.......e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 403........90 issued by the Assistant Director, Government Housing and Accommodation Directorate, Bangladesh Secretariat, Dhaka (Annexure 'C') to be without lawful authority and of no legal effect. 2. In order to appreciate the background of the impugned order dated 15.1.90 (Annexure C) it is necessary ......e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 403...

Category: Property Law | Date: | Hits: 160

Amir Hossain Farhad Vs. Dr. A Mannan, 1991, 20 CLC (HCD)

....e the Rule. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 401. ......nd circumstances of the case. We, therefore, find nothing to interfere with the impugned order and accordingly discharge the Rule. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 401. ...... 1356 of 1991 (Dhaka). Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the first party‑petitioner under sections 439 and 561A of the Code of Criminal Procedure is for quashing the order dated 17.4.89 passed by the Sessions Judge, Bhola in Criminal Revision No. 16(1) of 1988 setti......nd circumstances of the case. We, therefore, find nothing to interfere with the impugned order and accordingly discharge the Rule. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 401. ..

Category: Others | Date: | Hits: 172

Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....R (HCD) (1992) 398. ......irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ......sional works and for medical check up abroad. He is the legal adviser of various banks and enjoyed a good reputation in the society and in the legal circle. On 9.10.91 he was served with the impugned order directing him to hand over his passport to the persons who came to serve the said order. Since......irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ..

Category: Business or Commercial Law | Date: | Hits: 601

James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)

....ansmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ......llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ......€‘Amicus Curiae. Appeal from Original Order No.24 of 1991. Judgment Muhammad Ansar Ali J.- This First Miscellaneous Appeal at the instance of the defendant-­appellant is directed against an order dated 26.1,91 passed by Mr. Md. Abdus Samad, Subordinate Judge, Artha Rin Adalat, Rajshahi in ......llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ..

Category: Civil Law | Date: | Hits: 169

Abdul Latif Vs. Principal, Residential Model School, Mohammadpur Dhaka and another, 1987, 16 CLC (HCD)

..... ...... in the impugned order of the learned Additional District Judge. As a result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 392. ......For the Opposite Parties. Civil Revision No.748 of 1984. Judgment Abdul Bari Sarker J.- This application under section 115 of the Code of Civil Procedure is directed against the Judgment and order dated 10.9.84 passed by the learned Additional District Judge, 2nd Court, Dhaka in Miscellaneo...... in the impugned order of the learned Additional District Judge. As a result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 392. ..

Category: Procedural Law | Date: | Hits: 132

Commissioner of Taxes, Chittagong (South) Zone, Chittagong Vs. Pahartali Textile & Hosiery Mills, Pahartali Chittagong, 1992, 21 CLC (HCD)

.... Tribunal, Chittagong Bench, Chittagong: "Whether on the facts and circumstances of the case, the Taxes Appellate Tribunal, Chittagong Bench, Chittagong, was justified in holding that the payment made to the National Exchequer by the assessee constitutes an expenditure deductible under section 10......ormulated in this application is in the affirmative and against the Revenue. Parties are to bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 389. ...... Judgment AM Mahmudur Rahman J.- This application under section 66 of the Income Tax Act, 1922 is at the instance of Revenue referring the following question of law said to have arisen out of the order of the Taxes Appellate Tribunal, Chittagong Bench, Chittagong: "Whether on the facts and ci......ormulated in this application is in the affirmative and against the Revenue. Parties are to bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 389. ..

Category: Fiscal/Taxation Law | Date: | Hits: 266

Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)

.... J Mayajan Bibi……………………………….Petitioner Vs. Monohar Ali………………………………..Opposite Party Judgment August 9, 1984. Result: The Rule is made absolute. Cases Referred to- Panjab Ali Vs. Mokarram Hussain 29 DLR (SC) 185; Arjun Singh ......r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the im­pugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ......ty. Civil Revision No.2 of 1984. (In the mat­ter of an application for stay. And in the ma­tter of an application under section 115 of the Code of Civil Procedure, 1908 for setting aside the order date 24.08.1983 passed by Munsif 3rd, Court, Comilla in Misc. case No.28/82) Judgment AT......r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the im­pugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ..

Category: Procedural Law | Date: | Hits: 127

Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)

.... Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......y General assisted by Mr. Md. Latifur Rahman and Md. Altaf Hossain appearing for the State, submitted that evidence adduced in this case by the prosecution side is of intrinsic reliability to sustain order of conviction. Now we propose to discuss the evidence of each wit­nesses examined in this cas......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ..

Category: Criminal Law | Date: | Hits: 134

Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)

....ode. 2. Facts, in short, necessary for the purpose of disposal of this appeal may be stated as follows, that informant Firoza Begum, wife of the deceased lodged a first information report with Kotiadi Police Station alleging, inter alia, that on 6‑9‑1991 in the morning her husband Londer Ali ......down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ......ppeal, at the instance of eight accused-appellants, namely, (1) Noor Hossain, (2) Ramjan, (3) Chandu, (4) Shibha, (5) Shahin, (6) Habu, (7) Rabi and (8) Ator Ali, is directed against the judgment and order of conviction and sentences, dated 3‑8‑1998, passed by the learned Additional Sessions Jud......down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ..

Category: Criminal Law | Date: | Hits: 111

Dr. Md. Shahjahan, Advo­cate Vs. Election Commission and others, 2011, 40 CLC (HCD)

....y order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ......direction upon the Returning Officer to allow him to submit nomination paper before expiry of last date i.e. 4-12-2008. On that date the petitioner failed to submit the nomination paper as per the ad-interim order passed in Writ petition No.9708 of 2008 and then he filed the present writ petition No......n upon the Returning Officer to allow him to submit nomination paper before expiry of last date i.e. 4-12-2008. On that date the petitioner failed to submit the nomination paper as per the ad-interim order passed in Writ petition No.9708 of 2008 and then he filed the present writ petition No.9875 of......g infructu­ous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ..

Category: Election Law | Date: | Hits: 231

Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)

....laint before the Chief Metropolitan Magistrate, Dhaka being CR Case No.2684 of 2005 alleging, inter alia, that the petitioner Messrs Meghna Food Products represented by its Proprietor Md. Noor Jamal had entered into a lease financing agreement being agreement No. PLC/E1-51/2003 dated 06-10-2003 with......etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531....... trial Court also granted bail to the accused petitioner on the previous terms and conditions. 6. The learned Magistrate again sent the case record to the Metropolitan Sessions Judge, Dhaka by his order dated 22-3-2006 and learned Metropo­litan Sessions Judge received the case record on 27-7-200......etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531...

Category: Criminal Law | Date: | Hits: 103

Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)

....Judge, Court No.1, Noakhali in Title Suit No.25 of 2004 decreeing in the suit as alternative dispute resolution. 2. The respondent Nos.1 to 7 as plaintiffs instituted Title Suit No.25 of 2004 impleading the appellant as defendant No.35 with other 37 defen­dants for declaration of title in the su......r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ......o.35 with other 37 defen­dants for declaration of title in the suit land described in the schedule of the plaint. 3. It appears that on 15-8-2004 the learned Joint District Judge, Noakhali by his order appoint­ed one Mr. Moinuddin Ahmed Khasru, an Advocate of Noakhali District Court as Mediator......r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ..

Category: Alternative Dispute Resolution | Date: | Hits: 227

Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)

.... Md. Abdul Hafiz J Shariful Bhuiyan and another……………………Petitioners Vs. State……………………Opposite Party Judgment March 24, 2009. Result: The Rule is made absolute. Case Referred to- Shahinur Alam Vs. State, 56 DLR 10. Lawyers Involved: O......in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524.......007. Judgment Siddiqur Rahman Miah J.- On an application under section 439 of the Code of Criminal Procedure, this Rule was issued calling upon the opposite party, state to show cause as to why order dated 28-8-2007 passed by the learned Additional Sessions Judge, 2nd Court, Brahmanbaria in Se......in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524...

Category: Procedural Law | Date: | Hits: 129

Grameen Telecom Vs. Dr. Rowshan Alam and another, 2010, 39 CLC (HCD)

....that the revisional application is liable to be rejected. Accordingly, the Rule is discharged. There being no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 523. ......ew that the revisional application is liable to be rejected. Accordingly, the Rule is discharged. There being no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 523. ......cates - For the Opposite-Party No.1. Civil Revision No.1932 of 2010. Judgment Abdul Awal J.- Rule was issued calling upon the opposite-party Nos. 1 and 2 to show cause as to why the impugned order dated 12-5-2010 passed by the learned Joint District Judge, 1st Court, Gazipur, in Title Suit ......ew that the revisional application is liable to be rejected. Accordingly, the Rule is discharged. There being no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 523. ..

Category: Procedural Law | Date: | Hits: 100

Mian Abdur Rashid and others Vs. Government of People's Republic of Bangladesh and others, 1986, 15 CLC (HCD)

....) Present: Sultan Hossain Khan J Anwarul Hoque Chowdhury J Mian Abdur Rashid and others…………………………………Petitioners Vs. Government of People's Republic of Bangladesh, represented the Secretary, Ministry of Industries & Commerce, Jute Division and others…......ot arbitrarily. In the result, this Rule is discharged but without any order as to costs. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 122. ....... A. Salam, Advocate - For Respon­dent No.4. Writ Petition No.116 of 1985. Judgment Sultan Hossain Khan J.- This Rule under Article 102 of the Constitution as revived is directed against an order passed by respondent No.1 conveyed in letter dated 06.02.1985 refusing to transfer/disinvest P......ot arbitrarily. In the result, this Rule is discharged but without any order as to costs. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 122. ..

Category: Company Law | Date: | Hits: 162

Manoo Meah Vs. Sultan Ahmed Khan, 1984, 13 CLC (HCD)

....ltan Ahmed Khan……………………Opposite Party Judgment April 19, 1984. Result: The Rule is discharged. Cases Referred to- Taher Sheikh Chowkidar and others Vs. Otaruddi Howlader and others, AIR 1929 Cal. 475; Digendra Chandra Pal Vs. Radha Bellav Pal, AIR 1953 Assam 191; K......out so as to attract the revisional juris­diction of this Court. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 119....... Ahsanul Kabir, Advocates -For the Opposite Party. Civil Revision No.1899 of 1981. Judgment Md. Altaf Hossain J. - In this application under section 115(1) of the Code of Civil Procedure, an order dated 25.08.1981 passed by the Additional District Judge, 1st Court, Chittagong in Miscellaneo......out so as to attract the revisional juris­diction of this Court. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 119...

Category: Procedural Law | Date: | Hits: 116

Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)

.... August 6, 1984. Result: The Rules is discharged. Cases Referred to- 31 DLR 39; M.G. Towab Vs. The State, 35 DLR 1982, 371; 34 DLR, 371-402; AIR 1931, 443. Lawyers Involved: Muhammad Abdul Hague, Advocate - For the Petitioner. A.H. Mahfoozur Rahman, Advocate - For Opposite-Par......ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109.......or of Anti-corruption Bureau, Jessore for inquiry and the said Assistance. Inspector D.A.B. Jessore inquired into the matter, seized the questioned Baina­patra from file of O.C. suit No.152/80 under order of the learned District and Sessions Judge, sent the questioned Bainanama to C.I.D. for expert......ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109...

Category: Criminal Law | Date: | Hits: 117