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Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)

.... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146....... Hamidul Haaque J Mozibul Huque …………………Petitioner Vs. State and Others……………..Opposite Party Judgment January 15, 1996. Result: The Rule is discharged. Lawyers Involved: Khan Saifur Rahman, Advocate ‑ For the Petitioner. Abdus Salam Mamun, Ass...... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146...

Category: Procedural Law | Date: | Hits: 99

Sultan Ahmed alias Sentu Vs. State, 1994, 23 CLC (HCD)

.... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143.......Sadeque J KM Hasan J Sultan Ahmed alias Sentu................petitioner Vs. State.............Opposite parties Judgment June 16, 1994. Result: The Rule is made absolute. Lawyers Involved: Sk. Atiar Rahman, Advocate - For the petitioner. Md. Shamsul Huda, Advocate...... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143...

Category: Criminal Law | Date: | Hits: 92

Syed Nazakat Hossain alias Ujjal Vs. State, 1995, 24 CLC (HCD)

....acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ......€¦â€¦â€¦â€¦Appellant Vs. State………………Respondent Judgment May 29, 1995. Result: The appeal is allowed. Cases Referred to- 35 DLR 119; 50 CWN 35; 36 BCR (AD) 225. Lawyers Involved: Serajul Huq with Anisul Huq and Toufika Karim, Advocates ‑ For the Appellant.......acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ..

Category: Criminal Law | Date: | Hits: 88

Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)

...., the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141.......s...........Opposite Parties Judgment June 25, 1995. Result: The Rule is discharged. Cases Referred to- Tripura Charan Chowdhury and others Vs. Girish Ch. Chowdhury, 7 DLR 466. Lawyers Involved: Faruque Ahmed, Advocate ‑ For Petitioner. Md. Abdul Halim with Md. Md. Ena...... eminent Judge like Mr. Justice Ibrahim sitting with Mr. Justice Chowdhury. Their Lordships have held as under: “Inherent power of the Court.- If a case does not come under rule 23 or rule 25 of Order XLI, the Code of Civil Procedure or any other provisions of the Code, the Court for ends of ju..

Category: Procedural Law | Date: | Hits: 124

Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)

....result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......rs heard along with Sufi Golam Mohiuddin Vs. Hafizur Rahman, 36 DLR (AD) 1; Balai Chand Mondal Vs. Nivaran Chandra Das, 51 CWN 644; Province of East Pak Vs. Md. Hossain, 16 DLR (SC) 667 (pars 23). Lawyers Involved: SS Halder with SS Sarker, Advocates - For the Petitioner­. A J Mohammad Ali......result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137...

Category: Property Law | Date: | Hits: 89

Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. .......Appellants (In Writ Petition No. 2195 of 1991) Moudud Ahmed…………...Appellants (In Writ Petition Nos. 2213 and 2238 of 1991) Vs. Bangladesh through the Secretary, Ministry of Law & Justice and others……......Respondent (In all the Writ Petitions). Judgment ......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ..

Category: Constitutional Law | Date: | Hits: 414

MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)

....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ....... Mohammad Siddiq Jamal & others 22 DLR 841; Merajuddin Ahmed Vs. Md. Anwarul Islam & another 26 DLR 314; 33 DLR (AD) 55; 29 DLR (SC) 13; 29 DLR 314; 17 DLR 677; 19 DLR 905; 19 DLR 314. Lawyers Involved: Akram Hossain Amin, Advocate ‑ For the Petitioner. Md. Abdul Majid, ......ge has referred to some documents filed by the plaintiff as well as to some other documents of the defendant, namely, Ext. C Series, Ext. C is a money order receipt and Ext. C (1) is the postal Money Order Form sent to the plaintiff‑opposite‑party for an amount of Taka 300'00 in which the defend..

Category: Civil Law | Date: | Hits: 140

Mahbubur Rahman Vs. State, 1992, 21 CLC (HCD)

....lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ......gment February 12, 1992. Result: The revisional application is allowed and the Rule made absolute. Case Referred to- Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD)70. Lawyers Involved: Serajul Huq, Advocate ‑ For the Petitioner. AKM Zahirul Huq, Advocat......lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ..

Category: Criminal Law | Date: | Hits: 78

SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)

.... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582.......dgment June 11, 1991. Result: The Rule is made absolute. Cases Referred to- AIR 1986 Madras 3; AIR 1982 (SC) 949 & AIR 1985 (SC) 195 held not applicable. (24) Lawyers Involved: M Nurullah with Kamaluddin Ahmed and AWM Safiullah, Advocates ‑ For the Pe......ul Karim Patwari and Rubul Amin filed complaint case Nos.4, 5, 6, 7 and 8 of 1989 respec­tively in the Labour Court against the termination of their services under the Employment of Labour (Standing Orders) Act, 1965 and most of the cases are pending. Lokman Hossain, whose service was subsequently ..

Category: Labour and Industrial Law | Date: | Hits: 176

M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)

....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......o- Abdul Kader Chowdhury and others Vs. State, 28 DLR (AD) 38; Abdul Ali and another Vs. State 30 DLR 58; Bangladesh Vs. Ten Kheng Hock, 31 DLR (AD) 69; Hasanuddin Vs. State, 34 DLR 287. Lawyers Involved: Abdul Malek with Jamiruddin Ahmed and Amatun Noor Begum, Advocates ‑ For t......mits that these facts even admitted will not attribute any mala fide to the accused Petitioner who acted in good faith. The learned Deputy Attorney-General Mr. Amirul Kabir Chowdhury submits that the Order of the former President Ershad allotting the land to the affected Persons in a mere device for..

Category: Criminal Law | Date: | Hits: 81

Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)

....ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519....... Judgment December 9, 1986. Result: The Rule is made absolute. Cases Referred to- Asia Khatun Vs. Kutu Bewa, 6 DLR page 156; Daibakilal Basak Vs. Iqbal Ahmed, 1965 PLD Dhaka 411. Lawyers Involved: Akram Hossain Amin with Md. Sajjad Ali Chowdhury Advocates - For the Petitioner......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519...

Category: Property Law | Date: | Hits: 134

Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)

....te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......rambil, Thodu Puzka and others Vs. State of Kerala, AIR 1968 Kerala 21; 20 DLR (WP) 45; ILR 45 Cal (PC) 878; 22 DLR (W.P.) 324; The State Vs. Ramji Vithal Chaudhuri and another, AIR 1958 Bom. 381. Lawyers Involved: Zinnur Ahmed, Advocate - For the Petitioner. Fowzia Karim, Advocate - For t......te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516...

Category: Family Law | Date: | Hits: 255

Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)

....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513....... Orissa 21; Narbadabai Vs. Natverlal Chunilal, AIR 1953 Bom 386; Hanskumar Kishan Chand Vs. The Union of India, AIR 1958 Supreme Court 947; Abdul Karim Vs. Mirza Bashir Ahmed, PLD 1967 Lahore 365. Lawyers Involved: Md. Azizul Huq, Advocate - For the Petitioner. Kazi Shahadat Hossain, Advoca......der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513...

Category: Civil Law | Date: | Hits: 142

Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)

....l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ......aboo Steels Limited Vs. Government of Bangladesh, 59 DLR 141; Sonali Bank Vs. Messrs Beg and Beg Jute Incorporated Ltd., 17 BLD AD 313; Elite Lamps Ltd. Vs. Bangladesh, 61 DLR 641; 7 BLT (AD) 313. Lawyers Involved: Shamim Khaled Ahmed, Advocate - For the Appellant. Shasti Sarker, Advocate -......appears that the pre-ponderance of judicial decisions in the sub-continent is that whether it is a suit for foreclosure or for sale the Court has to pass a preliminary decree in terms of Rule 2(1) of Order XXXIV and that the Court has no option but to award interest pendent to the mortgagee. In a su..

Category: Civil Law | Date: | Hits: 141

Shamsur Rahman alias Shamsu Moral and another Vs. State, 1998, 27 CLC (HCD)

....tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338.......Shamsur Rahman alias Shamsu Moral and another…………Petitioners (In jail) Vs. State………..Opposite Party Judgment February 12, 1998. Result: The application is rejected. Lawyers Involved: Not Represented – the Petitioner. Not Represented – the Opposite Party. ......tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338...

Category: Criminal Law | Date: | Hits: 91

Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)

....to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ......Judgment June 28, 1999. Result: The Rule is discharged without any order as to costs. Case Referred to- Md. Abul Quasem Vs. Md. Lutfor Rahman, 10 BLD (1990) (AD) 3 = 43 DLR (AD) 17. Lawyers Involved: Md. Khurshid Alam Khan, Advocate — For the Petitioner. Nazrul Islam Talukd......r the Opposite Party. Civil Revision No. 3203 of 1998. Judgment Md. Abdul Aziz J.- This Rule at the instance of the defendant-petitioner has been obtained calling in question the order being Order No.120 dated 9-3-1998 passed by Mr. Ranu Bilkis Banu, Senior Assistant Judge, Magura, in Title..

Category: Civil Law | Date: | Hits: 122

Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)

....n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333.......………..Petitioner Vs. Deputy Commissioner of Taxes, Dhaka and another………………..Respondent Judgment March 11, 1999. Result: The reference applications are accepted. Lawyers Involved: Kazi Abdul Gofran with Alimuzzaman Chowdhury and Shamsun Nahar Advocates — Fo......n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333...

Category: Fiscal/Taxation Law | Date: | Hits: 254

Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)

....e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......Party Judgment November 20, 1997. Result: The Rule is discharged without any order as to costs. Case Referred to- Asadunnessa and others Vs. Kamruzzaman and others, 26 DLR 363. Lawyers Involved: Rafiqul Hossain on behalf of Quamruzzaman, Advocate — For the Petitioner M......r in the decision in dismissing the appeal inasmuch as the suit itself was not maintainable without impleading the Government of Bangladesh as a defendant as required under Article 6 of President’s Order No.142 of 1972 and that the suit was barred by limitation and that the plaintiffs failed to pr..

Category: Procedural Law | Date: | Hits: 129

Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)

....should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......der as to costs. Cases Referred to- Rahima Food Corporation Ltd. Vs. Deputy Collector of Customs and others, 49 DLR 510; Md. Shahidullah Vs. Collector of customs and another, 48 DLR (AD) 58. Lawyers Involved: Zakir Hossain Munshi for Abdul Baset Majumder and Zainul Abedin, Advocates— F......should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381...

Category: Fiscal/Taxation Law | Date: | Hits: 189

State Vs. Shahidul Alam Chowdhury and two others, 1999, 18 CLC (HCD)

....al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380.......itioner Vs. Shahidul Alam Chowdhury and two others……..……………Contemners Judgment June 23, 1999. Result: Unconditional apology tendered by the contemners are accepted. Lawyers Involved: Shahabuddin Ahmad, Deputy Attorney-General— For the State. Maksudur Rahman......al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380...

Category: Criminal Law | Date: | Hits: 87