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Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458....... No. 320.90 from India and obtained Clear Report Finding (CRF) certificate from the pre‑shipment agency. He submitted the CRF certificate along with other relevant document to the customs authority for release of the goods. The customs authority, on the other hand, without making assessment of dut......h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458.......ad Hossain……………………Petitioner Vs. Government of Bangladesh and others……………………Respondents Judgment June 24, 1998. Result: The petition is rejected. Lawyers Involved: Nitai Roy Chowdhury, Advocate ‑ For the Petitioner. Not represented-the Re..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)

....he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ...... a Judicial Officer to show cause as to why proceedings of the Criminal Case No.179 of 1987 pending in the Court of the Magistrate, Narayanganj should not be quashed. 2. Learned Advocate appearing for the petitioners after placing the materials on record submitted that accused and complainant are......he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ......uddus J Abdur Noor and others…………………Petitioner Vs. State and another……………………Respondents Judgment July 2, 1998. Result: The Rule is made absolute. Lawyers Involved: AK Mujibur Rahman, Advocate ‑ For the Petitioners. MA Rouf, Assistant Atto..

Category: Criminal Law | Date: | Hits: 75

Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)

.... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451.......��7‑97 passed by the Assistant Judge, 3rd Court, Dhaka in Title Suit No.105 of 1997 has been called in question. By this order the learned Assistant Judge returned the plaint to the filing Advocate for the plaintiffs for filing afresh with correct valuation of the suit. 2. Short facts relevant ...... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451....... May 4, 1998. Result: The Rule is made absolute. Cases Referred to- Sold Bibi Vs. Amiran Nessa and others, 5 BLT 117; Rahmat Ali Vs. Banares Silk Industries and another, 19 DLR 287. Lawyers Involved: AS Md. Ramzan Khan, Advocate ‑ For the Petitioner. Not Represented ‑ For..

Category: Procedural Law | Date: | Hits: 81

Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)

....irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......edecessor of the opposite party Nos.1-10 as plaintiff, instituted Title Suit No.254 of 1983 in the Third Court of Munsif, Jessore, impleading the petitioner and opposite party Nos.11-16 as defendants for declaration of title and confirmation of possession in respect of 0.82 acres of land described i......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......ran Gopal Nandi, 32 DLR 11; Akrab Ali Vs. Zahiruddin kari, 30 DLR (SC) 81; 43 DLR (AD) 82; 51 DLR (AD) 57; Abdul Mutalib Vs. Md. Mostakin Ali, 1999 BLD (AD) 156 = 51 DLR (AD) 228; 38 DLR (AD) 201. Lawyers Involved: Sheikh Abdullah, Advocate - For the Petitioner. Arun Kumar Bhattacharya, Adv..

Category: Property Law | Date: | Hits: 98

Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)

....ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ......petitioner as plaintiff instituted Title Suit being Title Suite No.15 of 2002 in the Court of the Senior Assistant Judge, Chandpur Sadar Chandpur impleading the opposite parties as defendants therein for declaration that the so-called order dated 21-11-2004 passed by the opposite parties compulsoril......ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ......Patwary and others...............................Opposite Parties Judgment July 14, 2009. Result: The Rule is made absolute. Cases Referred to- 42 DLR 533; 46 DLR 268; 1 BLC 375. Lawyers Involved: Abul Kalam Patwary Advocate - For the Petitioner. No one - For the Opposite ..

Category: Employment/Service Law | Date: | Hits: 158

State Vs. Azam Reza, 2008, 37 CLC (HCD)

....cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......Appeal No. 40 of 2005. Judgment AKM Fazlur Rahman J.- This reference under section 374 of the Code of Criminal Procedure has been submitted by the Judge of the Druta Bichar Tribunal No.4, Dhaka for confirmation of sentence of death awarded by him to accused Azam Reza convicting him under secti......cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......Vs. State, 52 DLR 179; Fazar Ali Vs. State, 5 MLR 351 = 5 BLC 542; State Vs. Azizur Rahman, 2000 BLD 467 = 5 BLC 405, Abul Hossain Khan Vs. State, 8 BLC (AD) 172; 39 DLR (AD) 194; 40 DLR (AD) 139. Lawyers Involved: Nahid Mahtab, Deputy Attorney-General with Md. Shafiqul Alam, Assistant Attorne..

Category: Criminal Law | Date: | Hits: 114

Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)

.... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......Suit No.38 of 1998 in the Court of Assistant Judge, Sadarpur, Faridpur on 28-4-1998, against the defendant No.1 Naimuddin Molla @ Naba Molla and the Government of Bangladesh as defendant No.2 praying for specific performance of contract, stating, inter alia, that the defendant No.1 Naimuddin Molla h...... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......bali Bank Ltd., 39 DLR (AD) 243; Quazi Din Mohammad Vs. Al-haj Arian Ali, 47 DLR (AD) 48; Biplob Chandra Das Vs. Biren Chandra Das, 52 DLR 586; Ali Mondol Vs. Jamjini Kanta Dey, 1987 BLD (AD) 156. Lawyers Involved: Md. Jahangir Alam, Advocate - For the Petitioners. Shisir Kanti Majumder, Ad..

Category: Procedural Law | Date: | Hits: 120

Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)

.... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ...... 50,001/00. Second opposite party, a son, was born out of this wed‑lock on 15.12.87. Subsequently, the petitioner divorced the first opposite party on 10.8.88. 2. On 2.11.88 first opposite party for herself and on behalf of her minor son, the second opposite party, instituted Family Court Suit ...... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ......t: The Rule is disposed of. Cases Referred to- Aga Mahomed Jaffer Bindanim Vs. Koolsoom Beebee and others, ILR 25 Cal 9; Mst. Rashida Begum Vs. Shahan Din & others, PLD 1960 Lah 1142. Lawyers Involved: No one ‑ For the Petitioner. Abdul Jabbar, Advocate ‑ For the Opposite P..

Category: Family Law | Date: | Hits: 528

Ekram Ali Fakir and three others Vs. Abdus Samad Biswas, 1994, 23 CLC (HCD)

....f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ......osite party. Criminal Revision No. 370 of 1994. Judgment Badrul Islam Chowdhury J. - The delay of 61 days in preferring this revisional application has been satisfactorily explained and therefore the same is condoned. Register the petition as a revisional application. 2. This revisional ......f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ................Petitioners Vs. Abdus Samad Biswas…………………………………..Opposite Party Judgment February 27, 1994. Result: The revisional application is allowed. Lawyers Involved: Kazi Sayeedur Rahman, Advocate ‑ For the Petitioners. Not represented-the ..

Category: Criminal Law | Date: | Hits: 85

Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)

.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......ocates ‑ For the Respondent No. 4. Abdur Razzaque with Md. Nawab Ali, Advocates ‑ For the Respondent No. 5. Writ Petition No. 1001 of 1994. Judgment Qazi Shafiuddin J. - Election for the members of the Parliament if held under the umbrella of the ruling party cannot be free and ...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......dgment December 11, 1994. Result: The writ of quo warranto is allowed. Cases Referred to- Bradlaugh Vs. Goasett, 12 QBD 273; Fazlul Kader Chowdhury Vs. Abdul Huq, PLD 1963 (SC) 486. Lawyers Involved: Asrarul Hossain with Mohammad Ali, Abu Bakar Siddique and Md. Humayun Kabir Bul..

Category: Constitutional Law | Date: | Hits: 344

State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)

....charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......dpur, in Special Case No.1 of 1994 convicting the accused appellant under section 409 of the Penal Code read with section 5(2) of the Act II of 1947 and sentencing him to suffer rigorous imprisonment for 5 years and to pay a fine of Taka 7,882.50 (Taka seven thousand eight hundred eighty‑two and p......charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......zi Shafiuddin J Syed JR Mudassir Husain J State……………Respondent Vs. A K M Mohiuddin………………Appellant Judgment May 7, 1996. Result: The appeal is allowed. Lawyers Involved: Syed Ziaul Karim, Advocate ‑ For the Appellant. SA Hasan, Assistant Attorn..

Category: Criminal Law | Date: | Hits: 99

Indu Mod Howlader Vs. Additional Deputy Commissioner and others, 1997, 26 CLC (HCD)

....Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......rtha Rin Adalat, Barisal reversing the judgment and decree dated 24‑11‑1990 passed in Title Suit No.87 of 1988 by the Assistant Judge, Uzirpur, Barisal decreeing the suit. 2. The fact relevant for the disposal of the Rule is that, the plaintiff‑petitioner filed the aforesaid suit for a decl......Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......M Soya & Co. Vs. Wazir Ali Industries Ltd., 21 DLR (SC) 50; Abul Khayer Miah being dead his heirs Abdul Kashem and others Vs. Bangladesh and others, 32 DLR (AD) 29; 33 DLR (AD) 30; 44 DLR 136. Lawyers Involved: Shamsul Alam, Advocate ‑ For the Petitioner. Md. Kafiluddin Ahmed, Shahidu..

Category: Property Law | Date: | Hits: 84

Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)

....hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ......red against order dated 5‑10‑1997 passed by the learned Election Tribunal, Dhaka Division, Dhaka in Election Petition No.2 of 1997. The Tribunal by the said order rejected the petitioner's prayer for dismissal of the said election petition. 2. It is case of the present petitioner that opposit......hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ......1969 (SC) 677; Udhay Singh Vs. Madhav Rao Scindia, AIR (1976) 744; Satya Narain Vs. Dhuja Ram and others, AIR (1974) (SC) 1185; Jyoti Basu and others Vs. Debi Ghosal and others, AIR 1982 (SC) 983. Lawyers Involved: Md. Fazlur Rahman Khan, Advocate ‑ For the Petitioner. None represented- t..

Category: Election Law | Date: | Hits: 247

Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)

....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......��……………….....Respondents (In Civil Appeal No. 44 of 2010) Judgment February 2, 2011. Result: The appeals are dismissed. Cases Referred to- Schmidt Vs. Secretary of State for Home Affairs (1969) 2 Ch 149; O'Reilly Vs. Mackman (1983)2 AC 237; Attorney-General of Hong Kong......n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......and Relief, 22 BLD 378=6 BLC 681; The Chairman, Bangladesh Textile Mills Corporation Vs. Nasir Ahmed Chowdhury, 22 BLD (AD) 199=7 BLC (AD)144;Golam Mostafa Vs. Bangladesh, 2007 (XV) BLT (HCD) 128. Lawyers Involved: Mojibur Rahman Miah, Deputy Attorney General, Instructed by B Hossain, Advocate..

Category: Employment/Service Law | Date: | Hits: 208

Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)

....infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......on is dismissed. Lawyers Involved: Qumrul Islam Siddique, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. None represented—For Respondents. Civil Petition for Leave to Appeal No.1810 of 2009. (From the judgment and decree dated the 22nd day of June, 20......infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......Islam……………............Petitioner Vs. Deputy Commissioner, Kushtia and others............Respondents Judgment January 29, 2012. Result: The leave petition is dismissed. Lawyers Involved: Qumrul Islam Siddique, Advocate instructed by Md. Nawab Ali, Advocate-on-Record..

Category: Property Law | Date: | Hits: 105

Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)

....cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......dgment and decree of learned Munsif, second Court, Sadar, Chittagong made in Other Suit No.45 of 1972. 2. The plaintiff filed the Other Suit No.45 of 1972 in the Court of Munsif, Sadar, Chittagong for declaration that the kabala dated 4.7.1944, Ext. A, standing in the name of defendant No.1 was a......cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......n J Mahmudul Huq.....................Appellant Vs. Mst Golap Bia & others………………….....Respondents Judgment December 13, 1988. Result: The appeal is dismissed. Lawyers Involved: Farmanullah Khan - For the appellant. No one - For the respondent. Appeal..

Category: Property Law | Date: | Hits: 86

Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)

....l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312.......ubordinate Judge, Second Court, Chittagong in Title Appeal No.24 of 1970 reversing those of Mr. M.S. Rahman, Munsif, North Raozan made in Title Suit No.160 of 1969. 2. The plaintiff filed the suit for declaration of title to and recovery of possession of the disputed land against the defendants. ......l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312......., 17 Indian Appeals 122; Tamijur Rahman Vs. Md. Altafur Rahman, 21 DLR 977; Har Bhaj and another Vs. Barfi and others, 1969 Delhi 197; Chunilal Vithaldas Vs. Mohanlal Motilal Patel, 1967 (SC) 226. Lawyers Involved: Mokbul Ahmed - For the appellant. No one - For the respondents. Appeal f..

Category: Property Law | Date: | Hits: 103

State Vs. Mohammad Salim, 2010, 39 CLC (HCD)

....005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......t Md. Delwar Hossain J. - This Death Reference under section 374 of the Code of Criminal Procedure has been submitted by the learned Additional Metropolitan Sessions Judge, First Court, Chittagong for confirmation of sentence of death awarded by him to the condemned prisoner Mohammad Salim convic......005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......ases Referred to- Vasant Laxman More Vs. State of Maharashtra, AIR 1974 (SC) 1697; Sheikh Ayub Vs. State of Maharashtra, AIR 1998 (SC) 1285; Mostafa alias Dayemuddin Vs. State, 61 DLR (AD) 150. Lawyers Involved: Md. Farhad Ahmed, Deputy Attorney General with Md. Nurul Islam Matubber, Assist..

Category: Criminal Law | Date: | Hits: 118

One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91....... the issuance of the Rule Nisi, in brief, are: The petitioner is a public limited company by shares and registered under the Companies Act, 1994. The petitioner-company was granted the certificate for commencement of business by the Registrar of Joint Stock Companies and also granted the licence ...... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91.......overnment of Bangladesh and others.................Respondents Judgment May 28, 2009. Result: The Rule is discharged. Cases Referred to- Ghulam Zamin Vs. AB Khondkar, 16 DLR 486. Lawyers Involved: Syed Mahmudul Ahsan, Advocate - For the Petitioner. Mahmudul Islam with Prob..

Category: Business or Commercial Law | Date: | Hits: 237

Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)

....ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......5 passed by the Additional Sessions Judge Tangail in Sessions Case No.69 of 1984 convicting the appellants under sections 302/34 of the Penal Code and sentencing each of them to suffer transportation for life. 2. Prosecution case briefly stated is that Hafizuddin P.W.1 as complainant lodged ejaha......ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......d Bhikha Valu and others Vs. The State of Gujarat, AIR 1971 (SC) page 1064; Rameshwar Vs. The State, AIR 1952 (SC) 54 State Vs. Badiuzzaman 25 DLR page 41; State Vs. Abdur Rashid, 24 DLR page 18. Lawyers Involved: Shaukat Ali Khan with Kamakshya Nath Sen and Fazlul Huq Khan Farid, Advocates �..

Category: Criminal Law | Date: | Hits: 106

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