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Abu Taher Vs. State, 2005, 34 CLC (HCD)

....80 of 1997. Judgment AKM Fazlur Rahman J.- Criminal Appeal No. 2153 of 1997 and Jail Appeal No. 1880 of 1997 preferred by the appellant Abu Taher Kha are directed against the judgment and order dated 31-12-1988 passed by the Additional Sessions Judge, Pirojpur in Sessions Case No. 32 of 1987 c......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ..

Category: Criminal Law | Date: | Hits: 41

Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....in Writ Petition No. 3763 of 2005 and Sultan Uddin Ahmed in Writ Petition No. 3762 of 2005 obtained Rule Nisi by challenging the circular issued under Memo No. Shakha 1(91)/ 2003 2006/Khanda 3/3526/1 dated 12-2-2005 issued by the respondent No. 3 calling upon the respondents to show cause as to why ......l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ..

Category: Business or Commercial Law | Date: | Hits: 234

World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....ed Mahmud Hossain J.- In this application under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondents to show cause as to why (1) Memo No. BTRC/LLSec/ WorldTel/2002-1032 dated 20-4-2004 issued by respondent No. 2 under the signature of respondent No. 3 (Annexure-A) so f......ndia and the private individual is not in the form required by section 175(3), it cannot be enforced and therefore, the Dominion of India cannot be sued by the private individual for compensation for breach of contract. 30. The contract referred to above was entered into in exercise of the execut..

Category: Information Technology Law | Date: | Hits: 321

Hayes Haier Appliance Company Ltd. Vs. Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

....ementary duty on other electrical home appliances have been exempted by the Government while retaining supplementary duty on locally-made refrigerator pursuant to the SRO No. 150/Ain/2001/3f5/Mushak, dated 7-6-2001 (hereinafter called "the notification") read with first part of Third Schedule of the...... that no doubt there is a presumption of correctness of constitutionality of an enactment passed by the parliament but in an appropriate case if it is found that an Act passed by the parliament is in breach of the fundamental right guaranteed by the Constitution to the citizens or is arbitrary per s..

Category: Fiscal/Taxation Law | Date: | Hits: 81

Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....why they should not be directed to lease out the Jibannagar, Shialmari Cattle Hat situated within Jibannagar Upazila of Chuadanga District at Taka 22,50,000 offered by the petitioner vide application dated 26-4-2005 addressed to the Deputy Commissioner, Chuadanga, Annexure-F to the writ petition, ex......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ..

Category: Others | Date: | Hits: 114

Afitan Nessa and others Vs. Government of the People’s Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....is Rule arises out of an application section 115(1) of the Code of Civil Procedure by Afitan Nessa and four other petitioners call upon the opposite parties to show cause as to why the impugned order dated 13-6-1993 passed learned Assistant Judge, Ghoraghat Police Station, District Dinajpur in Other...... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 502...

Category: Procedural Law | Date: | Hits: 106

Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)

....128(S) of 1995. Judgment Abu Sayeed Ahammed J.- This appeal is at the instance of Sreemati Parul Bala alias Parul Rani Saha Mondal and another, and it calls in question the judgment and decree dated 31-3-1979 passed by the District Judge, Noakhali in Title Appeal 105 of 1964, dismissing the a......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481...

Category: Property Law | Date: | Hits: 83

Nizam Hazari Vs. State, 2001, 30 CLC (HCD)

.... arms in possession and by using those arms he committed terrorism and various illegal activities. Following the above commission of crime by convict-appellant Doublemooring Police Station Case No.29 dated 22-3-1992 under section 19(a) and (t) of the Arms Act read with section 26 of the Special Powe......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ..

Category: Criminal Law | Date: | Hits: 58

Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)

....f 2001. Judgment Md. Abdur Rashid J.- This Rule was obtained by the defendant No.4 upon making a revision application under section 115 of the Code of Civil Procedure against judgment and order dated 13-5-2001 passed by Additional District Judge, 2nd Court (In-Charge) at Dhaka in Miscellaneous......er 39 of the Code of Civil Procedure the Court has jurisdiction to grant an order of temporary injunction but only in a suit for perpetual injunction for restraining the defendant from committing any breach of contract or other injury of a like kind arising out of the contract. The right to get supp..

Category: Civil Law | Date: | Hits: 151

Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)

....eneral with Alhaj Md. Mahmud Hossain Assistant Attorney- General —For the State. Criminal Appeal No. 610 of 1999. Judgment Md. Marzi-ul Huq J.- This appeal is directed against the judgment dated 28-7-1983, passed by the learned Additional Sessions Judge, 3rd Court, Comilla in Sessions Cas...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ..

Category: Criminal Law | Date: | Hits: 35

Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)

....rs, as a local shipping agent of the Shipping Corporation of India Limited which owns the concerned vessel ‘MV Vishva Kaumudi’. The said vessel was chartered by respondent No.4 under Fixture Note dated 15-2-1999 for carrying the cargo of 8325.00 metric tons of rice into Bangladesh port. The said......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449...

Category: Admiralty Law or Maritime Law | Date: | Hits: 212

State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)

....found 4 more minor injuries in both thighs. From this the learned Advocates submit that this goes to suggest that the occurrence might have taken place elsewhere and in a different manner. 11. The date, time and place of occurrence are not practically disputed. 12. In the light of the submissi......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439...

Category: Criminal Law | Date: | Hits: 50

Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)

....1992. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under Article 102 of the Constitution of the People’s Republic of Bangladesh and is directed against an order dated 27-4-92 issued by the respondent No.3 namely, the Assistant Commissioner of Taxes, Central Sal...... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)

....dvocates—For the Respondents. FMAT No. 285 of 2001 with Civil Rule No. 255 (FM) of 2001. Judgment Md. Abdur Rashid J.- This appeal was presented by the plaintiff against judgment and order dated 12-02-2001 passed by the 10th Court of Additional District Judge at Dhaka in Title Suit No. 32...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ..

Category: Intellectual Property Law | Date: | Hits: 230

Hamayet Uddin Ahmed Vs. First Court of Settlement, Bangladesh Abandoned Building & others, 2001, 30 CLC (HCD)

....t with the petitioner and executed a bainapatra on 28-2-197 at a consideration of Taka 80,000.00 to sell the disputed property. Out of the said consideration money Taka 40,000.00 was paid on the same date and the petitioner was given delivery of possession of the property. The said property was enli......ons stated here in above the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 426. ..

Category: Property Law | Date: | Hits: 103

Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)

....Revision No. 511 of 2000. Judgment Md. Abdul Aziz J. - In this Rule the opposite parties including Kabir Ahmed impleaded as opposite party No.2, were directed to show cause as, to why the order dated 25-5-2000 passed by the learned Sessions Judge, Chittagong in Criminal Miscellaneous Case No.1......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ..

Category: Criminal Law | Date: | Hits: 43

Abul Kashen (Md.) Vs. Chairman, RAJUK and others, 2000, 29 CLC (HCD)

....ruzzaman—For the Respondents. Writ Petition No. 3599 of 1998. Judgment Md. Awlad Ali J.- Rule was issued calling upon the respondents to show cause as to why the impugned notice Annexure-D dated 2-11-98 being Memo No. নঅঅ/রাজউক/৩সি-১৪৮৩/৮৯/৩২৬ shoul......n already made under the order of this Court should not be disturbed in any way by the respondents. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 488. ..

Category: Property Law | Date: | Hits: 114

Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)

....lved in both the Rules. 2. In Writ Petition No.1787 of 1998 Rule was issued at the instance of the petitioner, Abdul Mannan, calling upon the respondents to show cause as to why the impugned order dated 9-6-98 issued by the respondent No.2 and Final Notification as to the Delimitation of nine War...... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ..

Category: Election Law | Date: | Hits: 97

A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....torney-General—For Respondent No. 5. Writ Petition No. 3803 of 1999. Judgment Md. Abdur Rashid J.- This Rule Nisi was issued upon the respondents to show cause as to why the impugned order dated 24-06-99 canceling the sanction of the revised plan granted on 18-02-93 for construction of a ......e any notice or letter from RAJUK. Nor they knew of any objection raise from any quarter during the construction work for more than six years. 31. He further submitted that they did not commit any breach of any term or conditions of the sanctioned plan. Nor any of their statements under which the..

Category: Property Law | Date: | Hits: 125

Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)

....erence was made under section 374 of the Code of Criminal Procedure by the Additional Sessions Judge, Court No. 2 and Nari‑O‑Shishu Nirjatan Daman Adalat at Brahmanbaria by its judgment and order dated 12­-10‑2000 passed in Nari‑O‑Shisu Nirjatan Daman Case No. 37 of 1998 convicting the co......r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ..

Category: Criminal Law | Date: | Hits: 49