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Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)

....Khurshed and Sujan their appeal is dismissed and or­der of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......, AIR 1955 (SC) 419; Md. Anwar and another Vs. The State, PLD 1956 440; Lachhman Singh Vs. The State, AIR 1952 (SC) 167; AIR 1954 SC 204 (H); Barendra Kumar Ghosh Vs. Emperor, AIR, 1925 PC on (I). Lawyers Involved: Nazrul Islam Chowdhury, Advocate - For the Appellant. Miftahuddin Chowdhury,......Khurshed and Sujan their appeal is dismissed and or­der of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ..

Category: Criminal Law | Date: | Hits: 128

Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)

....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......f 1985 is made absolute. The Rule Nisi in Writ Petition No.1634 of 1988 is made absolute. Case Referred to- Bangladesh and others Vs. Marium Khatun and others, Civil Appeal No.8 of 1972. Lawyers Involved: Md. Hannan with M. Khaled Ahmed, Advo­cates - For the Petitioners (In Writ Pet......he respondent No.4 pre­ferred an appeal before the Additional Deputy Com­missioner (Revenue), Sylhet under section 147 of the State Acquisition and Tenancy Act, 1950, short­ly the Act, against the Order dated 13.11.79 passed by the Circle Officer (Revenue), Moulvi Bazar whereupon Mutation Appeal ..

Category: Property Law | Date: | Hits: 129

Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)

....they should pay the costs in the Rules. In the result all the Rules Nisi are made abso­lute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......; another............................................................Respondents (Writ Petition No.533 of 1985) Judgment April 13, 1989. Result: All the Rules Nisi are made abso­lute. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam for Abdus Sobhan, Advocate - For the Pet......they should pay the costs in the Rules. In the result all the Rules Nisi are made abso­lute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356...

Category: Property Law | Date: | Hits: 145

Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)

....et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349........ State, 29 DLR (SC) 246; PLD. 1950 Lahore (FB) 288; 5 DLR (FC) 207; 9 DLR (SC) 177; AIR 1956(SC) 404; Ram Bhorosay Vs. Emperor, AIR 1936 (ALL) 833; Shamblu Nath Mahra Vs. The State, AIR 1956 404. Lawyers Involved: Nozrul Islam Chowdhury, Advocate - For ap­pellant. Abu Hasan Abdullah, Advo......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349...

Category: Criminal Law | Date: | Hits: 101

Additional Deputy Commi­ssioner (Revenue) Dhaka Vs. Md. Mostafa Ali Mridha and others, 1993, 22 CLC (HCD)

....nd the Judgment and decree passed by the trial Court are hereby affirmed. Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 193. ......ssioner (Revenue) Dhaka………………Appellant Vs. Md. Mostafa Ali Mridha and others…………………Respondents Judgment July 22, 1993. Result: The appeal is dismissed. Lawyers Involved: Md. Moksudur Rahman, Advocate ‑ For the Defendant-Appellant. SS Halder, Ad......nd the Judgment and decree passed by the trial Court are hereby affirmed. Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 193. ..

Category: Property Law | Date: | Hits: 134

Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)

.... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. .........Opposite Party Judgment January 12, 1994. Result: The Rule is made absolute. Case Referred to- Sir Hari Sankar Pal and another Vs. Anath Nath Mitter and others, 1949 (FC) 106. Lawyers Involved: Nikhilesh Datta, Advocate ‑ For the Petitioner. Golam Mohiuddin, Advocate ................... ............................... from such materials as we have got, we are bound to say that in fact there was an omission on the part of the Court to consider the clear provision of Order 41 rule 33 when the original Judgment was passed: and such omission, which appeared on the fac..

Category: Civil Law | Date: | Hits: 157

State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)

....nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......ur Rahman Vs. Emperor, AIR 1931 Pat 339; Comming Vs. Ratnam, 1932 Mad Cr C 23; Sarwan Sinh Rattan Singh Vs. State of Punjab, (S) AIR 1957 SC 637; AIR 1959 Pat 362; PLD 1954 PC 304; AIR 1946 PC 20. Lawyers Involved: AA Chowdhury Advocate - For the Appellants. AFM Shahid, Deputy Attorney-Gen......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ..

Category: Criminal Law | Date: | Hits: 139

Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)

....ddressing the Section officers of the erstwhile Pakistan he made certain observations with regard to the power of the Supreme Court and the High Courts of Pakistan to issue writ after proclamation of Martial Law by the Military Ruler General Ayub Khan of Pakistan. The offending passages contained in...... Cases Referred to- Quintin Hogg Case, (1958) 2 WLR 1206; Special Reference No.1 of 1964, 1965 (SC) 745; Sir Edward Snelson Vs. The Judges of the High Court of West Pakistan, 16 DLR 535 (SC). Lawyers Involved: Dr. Rafiqur Rahman with ML Bhowmik, Advocates ‑ For Contemner No.1. KZ Ala......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ..

Category: Criminal Law | Date: | Hits: 149

Shahidullah Kazi, Amjad Hossain Vs. State, Abul Kasem, 1995, 24 CLC (HCD)

....Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ......hidullah Kazi, Amjad Hossain.................Petitioner Vs. State, Abul Kasem...............Opposite Parties Judgment August 24, 1995. Result: The Rule is made absolute in part. Lawyers Involved: Not Represented ‑For the Petitioners. Osman Ghani, Advocate ‑ For the Op......Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ..

Category: Criminal Law | Date: | Hits: 97

Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)

....No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......dgment January 28, 1996. Result: The Rule is made absolute. Cases Referred to- Syed Md. Afzal Hossain Vs. M Selim Idris, 15 BLD 362; Khondaker Abu Talab Vs. State, 19 DLR (SC) 198. Lawyers Involved: Shahabuddin Ahmad, Advocate ‑ For the Petitioner. Not Represented ‑ For ......No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ..

Category: Criminal Law | Date: | Hits: 125

Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)

....nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ....... Cases Referred to- Aseruddin Sk Vs. Serqiuddin Talukder, 30 DLR 75; Tayeb Ali and another Vs. Abdul Mutlib in Civil Appeal No.30 of 1983; Abdul Khaleque Vs. Jadab Chandra Mali, 20 DLR 562. Lawyers Involved: Mohammad Ali, Advocate ‑ For the Petitioner. SR Karmaker, Advocate ‑ For......nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ..

Category: Property Law | Date: | Hits: 106

Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)

....iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ...... July 19, 1995. Result: The Rule is discharged. Case Referred to- Khan Sahib Khan Muhammad Saadat Ali Khan Vs. Administrator of the City Corporation of Lahore, PLD 190 (Lahore) 541. Lawyers Involved: Miah Abdul Gafur, Advocate ‑ For the petitioner. Sayed Md. Dastagir Husain...... as proposed by the plaintiff demolition of the suit premises is not necessary as it does not create any obstruction for the proposed construction. On 25.8.93 the defendant filed an application under Order 7 rule 10 of the Code of Civil Procedure with a prayer to the trial Court (First Court of Assi..

Category: Procedural Law | Date: | Hits: 125

Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)

....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ....... Osmn Ali and others, 37 DLR 324; Upendra Chandra Roy Vs. Janab Ali, 29 DLR para 7; 18 DLR 317; Gobinda Dayal Vs. Inayetullah, ILR 7 (All.) 775; Bishan Singh, AIR 1958 (SC) at page 838 (pars 11). Lawyers Involved: Farmanullah Khan, Advocate ‑ For the Petitioner. Md. Ismail with Omar Far......llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ..

Category: Property Law | Date: | Hits: 127

Momshad Reza and 15 others Vs. Chairman, Bangladesh Public Administration Training Centre and others, 1998, 27 CLC (HCD)

....olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 376.......Bangladesh Public Administration Training Centre and others…………….. Respondents Judgment November 18, 1998. Cases Referred to- 46 DLR (AD) 1; 43 DLR (AD) 154; 31 DLR (AD) 298. Lawyers Involved: SM Ebdadul Hoque, Advocate - For the Petitioners (In all above 16 Writ Petition......olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 376...

Category: Employment/Service Law | Date: | Hits: 160

Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)

.... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373.......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite party Judgment March 2, 1999. Cases Referred to- State Vs. Balal Charan Sarker, 47 DLR 467; Shihabuddin Vs. State, PLD 1964 (SC) 177 = 16 DLR (SC) 269. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Condemned Prisoner. M A Rouf Assi...... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373...

Category: Criminal Law | Date: | Hits: 130

Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)

....is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......meen J Nazrul Islam and others.……………………….Petitioners Vs. State………………….. Opposite Party Judgment April 25, 1999. Result: The Rule is discharged. Lawyers Involved: M Amirul Islam, Advocate — For the Petitioners. Munsurul Haque Choudhury, ......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368...

Category: Criminal Law | Date: | Hits: 108

Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)

....sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......March 15, 1999. Result: FA No. 277 of 1994 is allowed. FA No.129 of 1995 is dismissed. Cases Referred to- Cox’s Vs. Employers’ Liability Assurance Corporation, Limited (1915 C. 2884), Law Reports, 1916, King’s Bench Division, Vol. II page 629; Borada Spinning and Weaving Co Ltd. Vs...... only. 2. First Appeal No.129 of 1995 has been filed by the same defendant-appellant against the judgment and order dated 9-2-95 passed by the same Court in Miscellaneous Case No.129 of 1994 under Order 47 rule 1 of the Code of Civil Procedure awarding interest at the rate of 5% above the Bank ra..

Category: Business or Commercial Law | Date: | Hits: 525

Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)

.... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352.......Badrul Huq J Nurul Abser Chowdhury……………….Petitioner Vs. Jesmin Akther………………Opposite Party Judgment February 8, 1999. Result: The Rule is discharged. Lawyers Involved: Sheikh Zulfikar Bulbul Chowdhury, Advocate - For the Petitioner. Md. Khurshi......t any interference by us. 16. The Rule is devoid of any substance and the same is, accordingly, discharged without any order as to costs. The judgments of the Courts below stand maintained. 17. Order of stay granted at the time of issuance of Rule and subsequently extended from time to time la..

Category: Family Law | Date: | Hits: 211

Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)

.... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ......All 273; 34 DR 418; AIR 1986 SC 391; Chinna Mal Vs. Arumuughon, AIR 1990 SC 1828 para 10 and 11; Govinda Rao Vs. Devi Sahay, AIR 1982 SC page 989 para 60 and 61; AIR 1932 642; AIR 1993 (Kant) 359. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, M Qumrul Haque Siddique, Tushar Kanti R...... and its Agrabad Branch as defendant Nos. 2 and 3 while the auction purchaser Mohammad All as defendant No.1. During penden­cy of the Other Suit No.3 of 2010 the plaintiff filed an application under Order XXXIX, rule 1 and 2 read with section 151 of the Code of Civil Procedure praying for temporary..

Category: Civil Law | Date: | Hits: 235

Commissioner of Customs, Benapole, Jessore Vs. President, Customs, Excise and VAT Appellate Tribunal, Dhaka and others, 2011, 40 CLC (HCD)

....hat view of the matter the application for condonation of delay is rejected and the Customs Appeal No.04 of 2010 is hereby dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 416. ......Vs. President, Customs, Excise and VAT Appellate Tribunal, Dhaka and others………Respondents Judgment May 18, 2011. Result: The application for condonation of delay is rejected. Lawyers Involved: Nahid Yeasmin, Assistant Attorney General - For the Appellant. ARM Ouayum Kh......tion under section 5 of the Limitation Act for condonation of delay. From the order sheet it appears that the Customs Appeal No.04 of 2010 has been filed before this Division on 09-2-2010 against the Order dated 21-10-2009 passed by the Commissioner, Customs Excise and VAT (Appeal) and President, Re..

Category: Limitation Law | Date: | Hits: 324