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AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....of the Rules, 2007. 12. In this case opposite party State has not filed any counter, affidavit, but contested the Rule and Sayed Haider Ali, the learned Deputy Attorney-General, opposed the bail prayer. We find from paragraph 6 of the application that, over the self same occurrence, earlier, tw......J.- All these Rules except the one in Criminal Miscellaneous Case No.12489 of 2007 involve an important and common question of law, namely authority of this Court to grant bail in cases where First Information Report (shortly FIR) have been lodged with allegations of some form of corruption, but inv......o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ......o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
Al Haj A.B.M. Mohiuddin Chowdhury Vs. State, 2007, 36 CLC (HCD)
....ermore proposal for his preventive detention is being filed. The petition for bail of the accused petitioner was moved before the learned Metropolitan Sessions Judge, Chittagong who rejected the bail prayer by order dated 20.3.2007. 4. Being aggrieved by aforesaid order rejecting bail prayer th......the Petitioner. Criminal Miscellaneous Case No.6179 of 2007. Judgment Khademul Islam Chowdhury J.- This Rule at the instance of accused petitioner Al-haj A.B.M. Mohiuddin Chowdhury is for bail in Panchalish P.S. General Dairy No.409 dated 8.3.2007 now pending before the Chief Metropo......of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ......of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ..Category: Criminal Law | Date: 2 Dec, 2007 | Hits: 3
....stment of the aforesaid input VAT. As the petitioner received no reply, it was constrained to serve a legal notice dated 26.04.01 upon said respondent No.2 demanding justice for early disposal of the prayer. By his letter dated 30.04.01 said respondent No.2 communicated to the petitioner that if any......o have got only fully automated and continuous process glass container and glass bulb shells manufacturing plant specially built to meet the glass bottles requirement of the pharmaceutical industries for life-saving drugs and medicines and other industries using bottles and jars, such as insecticide......78,40,997.85 by crediting the sum to the Current Account of the petitioner.
Send down the lower court's record at once.
Ed.
This Case is also Reported in: 28 BLD (HCD) (2008) 18.
......78,40,997.85 by crediting the sum to the Current Account of the petitioner.
Send down the lower court's record at once.
Ed.
This Case is also Reported in: 28 BLD (HCD) (2008) 18.
..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....si was issued upon the respondents as to why the impugned judgment and order dated 25.11.19.96 (Annexure-J) passed by the 1st Court of Settlement, Segun Bagicha, Dhaka (respondent No.1) rejecting the prayer of the petitioner for release of the property situated at NER-14, Road No.84, Gulshan, Dhaka ......spondents as to why the impugned judgment and order dated 25.11.19.96 (Annexure-J) passed by the 1st Court of Settlement, Segun Bagicha, Dhaka (respondent No.1) rejecting the prayer of the petitioner for release of the property situated at NER-14, Road No.84, Gulshan, Dhaka from the 'Ka' lis......hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ......hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....n Special Tribunal no.7, Dhaka in Metropolitan Special Tribunal Case No.1462 of 2004 arising out of Mirpur Police Station Case No.61 dated 18.9.2004 under section 19A of the Arms Act rejecting the prayer for bail of the accused appellant. 2. Briefly, the facts the prosecution case are that ......ment September 26, 2007. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 339C (4) There is specified period i.e. 360 days, for concluding trial of a criminal case under section 339C (4) of the Code of Criminal Procedure.......s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209. ......s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209. ..Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....rte by the judgment and order dated 13.11.2000. The decree holder bank, thereafter, started Execution Case No.6 of 2001 for realization of that decretal amount. In that execution proceeding on the prayer of the decree-holder bank, the Artha Rin Adalat, passed the impugned order dated 16.6.2004 i......f order No.49 dated 16.6.2004 issuing warrant of arrest against the writ petitioners passed by the Artha Rin Adalat No.1, Bhola in Artha Rin Execution Case No.6 of 2001. 2. The facts relevant for disposal of this rule, in short, are that the respondent No.1, Sonali Bank, Bhola Branch filed ......r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ......r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ..Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....rity deferred the matter on this and that pretext to harass the complainant. Hence the complaint petition case being Nari-O-Shishu Case No.07 of 2006 before the Tribunal with injury certificates with prayer for taking cognizance of the offence and issuing warrant of arrest against the opposite parti......ered only at the time of trial and as such cannot be entertained by the Enquiry officer at the enquiry. The Enquiry officer of his own accord cannot examine any person as neutral witness which cannot form the basis of the Enquiry report…………………………(9) Lawyers Involved: ......om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ......om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....1 and 42 of the Constitution" and the ground No.5 that the respondent are guilty of gross violation of the Constitution, rule of law and fundamental rights of the writ-petitioners together with the prayer 'A' that the orders "F, K, L," should be declared illegal being violative of fundamental righ......esented by its Managing Director, Md Ansar Ali, (4) Mrs Salima Bansaid, wife of M Ghulam Faruq, Director SQ Group S Co Cement Limited, represented by its Managing Director, and (5) Md Sirajul Haque for impleading them as added respondent Nos.6, 7, 8, 9 and 10 alleging purchasers of respective floo......d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
.... থেকে হাফ হাত দূরে অবস্থান করছিলো। 40. P.W.7, Babul stated in his evidence that on 29.05.2002 while he was coming after completion of Fazar prayer, he saw 7/8 persons were piping to the house of Mizan kaka (uncle) and 5/6 minuets after he h......ses cannot be a manifestation that such witnesses were unwilling to support the prosecution case. The prosecution is not bound to examine all the witnesses cited in the charge sheet inasmuch as it is for the prosecution to decide how many witnesses will examine amongst the cited witnesses for establ...... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ...... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....e Criminal Revision No. 702 of 2000 the informant also preferred a Criminal Misc. Case No. 4959 of 2001 before the High Court Division under section 561A of the Code of Criminal Procedure with a prayer to set-aside the order of the rejection of the said Naraji petition by the court below but wi......nwarul Hague J. — This Death Reference under section 374 of the Code of Criminal Procedure submitted by Mr. Md. Jahangir Alam Mollah, the learned Judge of the Drutta Bichar Tribunal No.4, Dhaka for confirmation of sentence of death of the (l)Monir Hossain son of Md. Nazrul Islam (2) Lipaya son......ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
....O (Revenue) and that was allowed. The Miscellaneous Case No.50/82-83 was restored for hearing. Thereafter the CO (Revenue) by order dated 16-8-1983 allowed the Miscellaneous Case and allowed the prayer for redemption of the suit land. That order was void, illegal, without jurisdiction and not b......of 1999 dismissing the appeal and affirming those dated 17-1-1999 passed by the learned Assist ant Judge, Chitalmari, Bagerhat in Title Suit No.217 of 1985 dismissing the suit. 2. Facts relevant for disposal of the Rule are that the suit land belonged to defendant Nos. 6 and 7 who sold the suit...... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ...... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
....ct, 1940 (hereinafter referred to as the Act) is barred by the provisions of section 20(2) of the Trade Marks Act and, as such, the plaint is liable to be rejected. 5. The plaintiff resisted the prayer for rejection of the plaint by filing written objection and upon denying all the allegations ......te party to show cause as to why the impugned judgment and order dated 5-5-2005 passed by the learned Additional District Judge, 7th Court, Dhaka in Title Suit No. 3 of 2000 rejecting the application for rejection of the plaint should not be set aside or such other or further order or orders passed,...... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ...... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
....7) of the Ain, 2003 for vesting the property in favour of the decree-holder and accordingly issue certificate. The learned Judge of the Adalat by its order dated 14.10.2004 allowed the said prayer of the bank without considering and passing any order on the application of the responde......961 of 2004 is made absolute.
The statute Artha Rin Adalat Ain, 2003 has given scope to the Adalat to hold auction more than once under section 33(1) (2) and (3) or under 33(4). The said view is fortified if we examine section 34(9) of the Ain which reads as follows:
“৩৪(৯) এ......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)
....sain as on 28.7.1984. The learned Judge allowed the said petition for amendment by Order No.68 dated 8.7.1987. The petitioner also filed an application for recalling one of the witnesses. The said prayer was also allowed. On the same date the additional written statement was filed on behalf of t...... an issue of abatement of the suit, the actual date of death of the concerned plaintiff or the defendant is very much relevant. However, if the learned Judge finds that there are sufficient causes for non appearance of the petitioners before him in time, an inquiry about the date of death of the......nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ......nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ..Category: Procedural Law | Date: 16 Jan, 2007 | Hits: 3
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....aw. In support of his contention he refers the case of Nizamuddowla Vs. Nurul Islam and others reported in 22 DLR 277 wherein it is held: "Civil Procedure Code Or. VI, r. 17 Court allowing prayer for amendment by way of reviewing earlier prayer. Earlier application for amending prayer ...... 25-04-1995 the opposite party No.1 as plaintiff instituted Title Suit No.115 of 1995 in the second Court of Subordinate Judge, Dhaka, impleading the petitioner and opposite party No.2 as defendants, for declaration that the plaintiff is the legal allottee and tenant under defendant No.1. On transfe......ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ......ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
....lling upon opposite party Nos.1-5 to show cause as to why the Order dated 09-05-2001 passed by the learned Subordinate Judge, Third Court, Dhaka in Title Suit No.138 of 1991 rejecting the petitioners prayer for comparison of the disputed L.T.I.'s of Fuljan Bibi should not be set aside and or suc......ak Chandra Majhi Vs. Atahar Ali Howlader and others, 13 BLT (AD) 3. Lawyers Involved: Mahbubey Alam, Senior Advocate with Samarendra Nath Biswas, Advocate - For the petitioners. No one for opposite party Nos.1-5 Mr. N.K. Shaha, Advocate - For added, opposite party Nos.6-14. Civil......tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ......tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....at the said duty was levied for non-compliance with the provision of Rule 10 of the Excise Rules, 1944, hereinafter called the Rules inasmuch as though the petitioner did not specifically make a prayer for exemption of excise duty nevertheless immediately after fire took place the incident......it Petition No.1681 of 1995. Judgment Syed Amirul Islam J.-This Rule was issued calling upon the respondents to show cause as to why the demand notice dated 02.11.88 on the petitioner for Tk. 40,77,953.00 as excise and Regulatory duty (Annexure-E) and the order dated 21.11.91 passed ....... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ....... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....d kept in safe custody for running day to day business as C & F Agent. No offence of smuggling has been made out against the accused appellants and submitted final report as mistake of fact, with prayer for discharging of the accused appellants and release of the seized money, motor cycle in fav......f the accused-appellants. 2. The prosecution case in short, is that J.C.O. 4527 Naik Subedar Md. Abdul Jabbar, 6 Rifle Battalion, Chapai Nababgonj Police Station, District Chapai Nababgonj on as informant 15.9.2003 lodged First Information Report with Chapai Nababganj Police Station implicating a......ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ..Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)
....equent suit will not get the relief due to the law of limitation. Since both the suits are not between the same parties, not in the same schedule, not with the same cause of action, not with the same prayer and not with the same issues. The relief claimed in subsequent suit cannot be determined and ......d the judgment and order dated 17.2.2003 passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.237 of 2002 rejecting the prayer under section 10 of the Code of Civil Procedure for stay of the subsequent Judge (Joint District Judge), 2nd Court, Dhaka. 2. The petitioner as p...... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ...... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ..Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
....pplication of each the appellant praying for release of the from safe custody to the custody of the respective appellant. 2. As both the appeals are directed against same order of refusal of the prayer for custody of the victim girl they are heard together and disposed of by common judgment. ......issued by the Board stand more positive, dependable and credible as proof of age of victim and it is preferred to doctor's and radiologist opinion. Opinion of minor is immaterial and is no factor for allowing the mother custody of her minor daughter..................................(17) Ask......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ..Category: Women and Children | Date: 10 May, 2006 | Hits: 6
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