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Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....Narshingdhi in Title Suit No. 3 of 1998 rejecting their application under Order XI rule 14 of the Code of Civil Procedure for a direction upon the defendants to produce certain documents. 2. Facts relevant for disposal of the Rule are that the petitioners as plaintiffs instituted a suit for perpe......illegality in the impugned order. Accordingly the Rule is discharged, however, without any order as to costs. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: ......te a copy of this judgment at once. Ed. This Case is also Reported in: ......istant Judge, Shibpur, Narshingdhi in Title Suit No. 3 of 1998 rejecting their application under Order XI rule 14 of the Code of Civil Procedure for a direction upon the defendants to produce certain documents. 2. Facts relevant for disposal of the Rule are that the petitioners as plaintiffs inst..

Category: Property Law | Date: | Hits: 58

Abdul Baten Vs. State, 2011, 40 CLC (HCD)

....e and reduced to his sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......e and reduced to his sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......l-For the opposite party. Criminal Miscellaneous Case No. 11369 of 2009. Judgment AKM Asaduzzaman J.-This rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 25.07.2005 passed by the Special Tribunal, Dhaka in Special Tribunal Case No. No.284......d thereafter the informant avail to recover bags of phensidyl from the said building and prepared a seizure list there in front of the witnesses and the accused-petitioner could not avail to show any documents on behalf of the said contraband items and accordingly Sutrapur Police Station Case No.50 ..

Category: Criminal Law | Date: | Hits: 56

Zabbar Muhury Vs. State, 2011, 40 CLC (HCD)

.... bail. 5. The learned Assistant Attorney General appearing for the opposite party opposes the prayer for bail. 6. Heard the learned advocate of both the sides and perused the FIR, charge sheet, relevant documents annexed to the supplementary affidavit and the impugned order. 7. In view of t......any witness of the case, the trial Court is hereby directed to grant bail to the petitioner. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ......AKM Asaduzzaman J. - This rule was issued calling upon the opposite party to show cause as to why the accused petitioner should not be enlarged on bail in Sessions Case No.692 of 2009 arising out of Nandail P.S. Case No.01dated 01.03.2007 corresponding to G.R.Case No.35 of 2007 under section 448/302...... 5. The learned Assistant Attorney General appearing for the opposite party opposes the prayer for bail. 6. Heard the learned advocate of both the sides and perused the FIR, charge sheet, relevant documents annexed to the supplementary affidavit and the impugned order. 7. In view of the submis..

Category: Criminal Law | Date: | Hits: 46

Md. Shahidul Islam Vs. State, 2011, 40 CLC (HCD)

....d on bail. 7. The learned Assistant Attorney General appearing for the respondent opposes the prayer for bail. 8. Heard the learned advocate of both the sides and perused the FIR, charge sheet, relevant documents annexed to the application for bail and the impugned order. 9. In view of the ...... the trial of the case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ...... learned Special Tribunal, Chapainawabgonj in Special Tribunal Case No.39 of 2010 arising out of G.R. Case No.42 of 2010 corresponding to Nawabgaonj P.S. Case No.41 dated 27.01.2010 under section 19A and 19(f) of the Arms Act, 1878 rejecting the prayer for bail of the appellant. 2. The appellant ....... 7. The learned Assistant Attorney General appearing for the respondent opposes the prayer for bail. 8. Heard the learned advocate of both the sides and perused the FIR, charge sheet, relevant documents annexed to the application for bail and the impugned order. 9. In view of the submissio..

Category: Criminal Law | Date: | Hits: 64

Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)

....oint District Judge, 5th Court, Dhaka, dismissing the Title Suit No. 134 of 2000 filed by the petitioner hereof as plaintiff praying for a decree for Specific Performance of Contract. 2. The facts relevant for the purpose of disposal of the application are that the plaintiff filed the Title S......rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Most. Aleya Begum and others ………………………………Petitioners Vs. Rahima Begum and others .............rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134...

Category: Property Law | Date: | Hits: 61

National Board of Revenue and others Vs. PHP Cold Rolling Mills Limited, 2009, 38 CLC (AD)

....ent of the said surcharge. In that view of the matter, we find no substance in these petitions and accordingly those are dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 132. ......d surcharge by way of draw back. 5. We have heard Mr. Abu Sams Md. Khalequzzaman, the learned Advocate-on-Record, perused the petition and the judgment and order of the High Court Division and the papers on record. 6. It appears that an exporter of goods or service or foods as mentioned in sec......I ADC (2011) 132. ......ent of the said surcharge. In that view of the matter, we find no substance in these petitions and accordingly those are dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 132. ..

Category: Fiscal/Taxation Law | Date: | Hits: 70

Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)

....urendra Kumar Sinha J.- This petition is directed against the judgment and order dated 1st June, 2008 of a Division Bench of the High Court Division in Writ Petition No.406 of 2004. 2. Short facts relevant for the disposal of this petition are that the petitioner instituted the above writ petit......tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ......��………………………….....................Petitioner Vs. The Government of the Bangladesh, represented by the Secretary, Ministry of Communication, Secretariat Building, Ramna, Dhaka and others .......Respondents Judgment October 3, 2010. Lawyers Involved: Md. Awlad Ali,......ll encumbrances and that the writ petitioner has no right to claim for release of the entire property in his favour. 5. We have perused the impugned judgment along with the writ petition and the documents annexed with it. The lands in question were acquired as back as in 1953 and notice of acqu..

Category: Property Law | Date: | Hits: 58

Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)

....ate Judge, Brahamanbaria passed in a suit for partition being Title Suit No.2 of 1982. The opposite party No. 1 as plaintiff filed the aforesaid suit against the petitioner as defendants. 2. Facts relevant for the disposal of the Rule are that, Abdur Rahman, the father of both the plaintiff and t......der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589.......o Reported in: 52 DLR (2000) 589.......der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589...

Category: Property Law | Date: | Hits: 89

Nahar Shipping Lines Limited and another Vs. Homera Ahmed and others, 1999, 28 CLC (HCD)

....une, 1999 filed by the petitioners within 6(six) weeks from date and the affidavit in compliance to be filed within 1(one) week thereafter. Ed. This Case is also Reported in: 52 DLR (2000) 585. ......une, 1999 filed by the petitioners within 6(six) weeks from date and the affidavit in compliance to be filed within 1(one) week thereafter. Ed. This Case is also Reported in: 52 DLR (2000) 585. ...... Ed. This Case is also Reported in: 52 DLR (2000) 585. ......or summary dismissal of the main application filed by petitioners under section 233 of the Companies Act. The petitioners, on the other hand, have filed an application for discovery and production of documents specified in paragraph 5 of the supplementary affidavit dated 10th June, 1999 filed by the..

Category: Company Law | Date: | Hits: 235

Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)

.... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ......lso Reported in: 52 DLR (2000) 583. ......uiry held under section 202 if there is no sufficient ground for proceeding. Under section 241A of the Code, before framing charge, a Magistrate is also required to hear the parties and consider the documents submitted along with the record of the case by the prosecution. In the impugned order thou..

Category: Criminal Law | Date: | Hits: 67

Government of Bangladesh and others Vs. Sontosh Kumar Shaha and others, 2009, 38 CLC (AD)

.... Paper-Book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 127. ......the disciplinary proceedings comes within the terms and conditions of his service; his petition under Article 102 of the Constitution is not maintainable. The G.A. Committee on consideration of the papers on record, in its discretion, refused to approve the proposal of the Ministry to exonerate ......eme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Government of Bangladesh and others.......................Petitioners Vs. Sontosh Kumar Shaha and others .................... Paper-Book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 127. ..

Category: Employment/Service Law | Date: | Hits: 73

KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)

....ly, the petitioner being a defaulter circular No.98 of 95 is still applicable. 16. As circular No.07 of 1999, circular No.98 of 95 and circular No.01/2000 have been referred to, by both sides, the relevant portion of these circulars are quoted below. Clause 2 of circular No.07 of 1999 (Annexur......e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ......upreme Court High Court Division (Special Original Jurisdiction) Present: KM Hasan J Khademul Islam Chowdhury J KM Zakir Hossain…………….Petitioner Vs. Bangladesh Bank and others……………….Respondents Judgment May 9, 2000. Case Referred To- 27 DLR ......e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ..

Category: Business or Commercial Law | Date: | Hits: 208

Mainmunal Islam and others vs. The Collector of Customs and others, 2010, 39 CLC (AD)

....essed with customs duty and Vat on the basis of such S.R.O. We find no substance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ...... learned Deputy Attorney General (appeared with the leave of the Court) appearing for the respondents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 7. The precise questions in all the cases ( is whether the importer appellants ...... of 2000). M/S. M. Jessee Trading...... Appellant (In Civil Appeal No.120 of 2000). Suda Kar Chakma............Appellant (In Civil Appeal Nos.121-122 of 2000) Vs. The Collector of Customs and others.........Respondents (In all the appeals). Judgment March 10, 2010. Lawyers Invol......essed with customs duty and Vat on the basis of such S.R.O. We find no substance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Government of Bangladesh and others Vs. Md. Enamul Kabir and another, 2010, 39 CLC (AD)

....d therefore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ......ng for the petitioners and Mr. Rokanuddin Mahmud, the learned Counsel appearing for respondent No.1 and perused the petition and the impugned judgment and order of the High Court Division and other papers on record of both the cases. It appears that in the both the leave petitions only a dire...... Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and others …......Petitioners (In both the cases) Vs. Md. Enamul Kabir and another………�......d therefore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ..

Category: Others | Date: | Hits: 165

Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)

....as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ...... Ka (3) and Ka(4). She also filed 2 Dakhilas of lease marked Exhibit 'Kha' and 'Kha(1)' and also filed 4 government Dakhilas. On behalf of the defendant, Advocate Commissioner's report and connecting papers were filed which are marked Exhibits X and X (1). 11. The learned Subordinate Judge, 2nd C......on (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J SM Ziaul Karim J Ayesha Khatun & others……………………………………Petitioners Vs. Rabindra Chandra Saha and others ………………….Opposite Parties. Judgment May 18, 2006. Cases ...... treating the suit land as vested property. 44. Both the trial Court as well as the appellate Court appear to have discussed each witness both for the plaintiffs and for the defendant and also the documents in coining to their respective decisions that the plaintiffs have proved their title and p..

Category: Property Law | Date: | Hits: 126

State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)

....terials which are used for preparing bombs. 68. PW Munshi Atiqur Rahman, an ASP of the CID, is the second investigating officer of this case. He stated that after receiving the case docket and the relevant papers of the case, he started his investigation activities, during which he visited the fo......ed to Hashem. PW 43 also proved the seizure list as Exhibit 6 regarding the seizure of the said 33 articles. He proved his signatures on the said documents. He made over the case docket including all papers of the case to ASP Munshi Atiqur Rahman, CID for conducting rest of the investigation. 67.......sion (Criminal Appellate Jurisdiction) Present: Md. Ali Asgar Khan J Md. Emdadul Huq J State…………………………………………….Appellant Vs. Shaiokh Abdur Rahman and others……..Respondents. Judgment August 31, 2006. Lawyers Involved: Abdur Razaque......i, Jhalakati where Mamun used to live and which belonged to Hashem. PW 43 also proved the seizure list as Exhibit 6 regarding the seizure of the said 33 articles. He proved his signatures on the said documents. He made over the case docket including all papers of the case to ASP Munshi Atiqur Rahman..

Category: Criminal Law | Date: | Hits: 224

Hiru Mia Vs. State, 2005, 34 CLC (HCD)

.... law if a specific provision has been made to that effect either in the special law itself or in the Code. In this connection a decision in the case of Gahena Vs. State reported in 20 DLR (WP) 271 is relevant. Their Lordships observed: The words "in absence of any specific provision to the contr......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......stant Attorney-General—For the Respondent. Jail Appeal No. 245 of 2004 with Suo-Moto Rule No. 57(R) 2005. Judgment Sheikh Rezowan Ali J. - This jail appeal is directed against the judgment and order dated 8-1-2004 passed by the learned Additional Sessions Judge and Anti-Smuggling Tribunal......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607...

Category: Criminal Law | Date: | Hits: 63

Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)

....ndemned prisoners and on that score they are entitled to acquittal. 25. Furthermore, the condemned prisoners at the time of examination under section 342, Cr.P.C. submitted written statements. The relevant portions from their written statement are quoted below: In his written statement the condem...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......……… Condemned-Prisoners Vs. State …………………………………………………………….Respondent. Judgment November 8, 2004. Cases Referred to- Shahidullah and another Vs. State, 1987 BLD (AD) 27; PLD 1960 (Dhaka) 697; Tafazzal Haque and another Vs. State,...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ..

Category: Criminal Law | Date: | Hits: 91

Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)

....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......his Case is also Reported in: 58 DLR (2006) 593.......ppellant also examined three witnesses including him. The appellants also examined three witnesses including appellant No. 1, Copy of impugned sale deed dated 2-6-97 was marked as Exhibit-1 while the documents of the appellants were marked as Exhibit 'Ka' to 'Cha'. 13. Upon the evidence oral and ..

Category: Property Law | Date: | Hits: 69

Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)

....ument and such view of the learned District Judge is beyond the record. The learned District Judge made a comment that the learned Joint District Judge without going through the facts of the case and relevant order sheet passed the impugned order on irrelevant grounds. In view of the above legal pos...... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ......Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J SM Ziaul Karim J Nurul Haque Sarker………………………………..Petitioner Vs. Janata Bank and others………………………….Opposite Parties. Judgment July 30, 2006. Lawyers ...... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ..

Category: Civil Law | Date: | Hits: 92

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