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State Vs. Lokman Miah, 1995, 24 CLC (HCD)

....rred to- Palvinder Kaur Vs. State of Punjab, AIR 1952 (SC) 354; Naukar Mouledino Vs. Emperor, AIR 1937 Sind 212; Bhima Skaw Vs. State, AIR 1956 Orissa 177; Hanumant Govind Nargundkar Vs. State of Madhya Pradesh, AIR 1952 (SC) 343. Lawyers Involved: Amirul Kabir Chowdhury, Deputy Attorney G......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......ll these articles inside the drawer of the cashier and on the night of occurrence he kept those things at the varandah. Mr. Chowdhury argued that this pan of the confessional statement can be used in order to corroborate the prosecution case to base conviction. The learned Additional Session Judge a......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ..

Category: Criminal Law | Date: | Hits: 73

Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)

....nicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......Mamun, Assistant Attorney-General - For the State. Criminal Revision No.3237 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioner is for quashing the order 11.7.91 passed by the District Magistrate, Noagaon reviving Special Tribunal Case No. 64 of 19......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148...

Category: Criminal Law | Date: | Hits: 82

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

.... their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146....... 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.......cused petitioner, Mojibul Haque is for quashing the proceedings of Special Case No.67 of 1981 pending in the Court of Divisional Special Judge, Dhaka. 2. The proceedings of the case was stopped by order dated 4.11.89 under section 8(a) of the Criminal Law Amendment (Amendment) Act 1987 and therea...... 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)

....he learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143....... 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....... Assistant Attorney-General - For the State. Criminal Revision No.1064 of 1992. Judgment AKM Sadeque J.- This rule under section 439 of the Code of Criminal Procedure is directed against the order dated 25.7.92 passed by the learned Session Judge, Khulna in Session Case No. 53 of 1992. In r...... 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)

....once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ......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. ...... and conjunction. Considering the aforesaid factual and legal position we find that the conviction and sentence under appeal cannot be maintained. These appeal is therefore, allowed, Judgment and order dated 13.1.93 passed by the Additional Sessions Judge, 6th Court , Dhaka in Sessions case No.3......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)

....he present petitioners, as it appears along with opposite party No.1 showing him as plaintiff No.2 filed an application for striking out the names of plaintiff 2-5 from the plaint alleging that they had no interest in the suit land. It is no record whether any copy of that application was served upo......, 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.......Md. Abdul Halim with Md. Md. Enamul Huq Advocates - For the opposite party. Civil Revision No.322 of 1993 Judgment Abu Sayeed Ahammed J.- The revision calls in question the propriety of the order dated 2.11.92 passed by the Senior Assistant Judge, Cox’s Bazar in Other Suit No.182 of 1975......, 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...

Category: Procedural Law | Date: | Hits: 124

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

....olapjan Bewa and others……………………………Opposite Parties Judgment July 1, 1995. Result: The Rule is discharged. The pre-emption is allowed. Cases Referred to- Sree Radha Raman Karmaker Vs. Hari Mohan and others heard along with Sufi Golam Mohiuddin Vs. Hafizur Rahm......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.......For the Petitioner­. A J Mohammad Ali, Advocate ‑ For the Opposite Parties. Civil Revision No. 994 of 1989. Judgment Abu Sayeed Ahammed J.- Thus Rule calls in question the Judgment and order dated 26.8.89 passed by the Subordinate Judge, Serajganj in Miscellaneous Appeal No.28 of 1989......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)

.... This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......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. ......5. The Division Bench having failed to come to an agreement as to this question of issuing a rule or otherwise the matter was directed to be placed before the learned Chief Justice for an appropriate order and the matter was thereafter placed before the learned Chief Justice and by the order of the ......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)

....e sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ......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. ...... J MG Jilani…………Petitioner Vs. Md. Wahed Uddin Sardar........... Opposite party Judgment March 16, 1989. Result: The Rule is discharged without any order as to costs. Cases Referred to- Mohammad Salim Vs. Mohammad Siddiq Jamal & oth......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. ..

Category: Civil Law | Date: | Hits: 140

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

.... This Case is also Reported in: 44 DLR (HCD) (1992) 342. ......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. ...... Criminal Revision No. 628 of 1990. Judgment Abdul Bari Sarker J.- This Rule arises out of an application under section 439 of the Code of Criminal Procedure and is directed against the orders dated 3.4.90 and 4.6.90 passed by the Divisional Special Judge, Rajshahi in Special Case No.1......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)

..... Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582....... 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........- On an application under Article 102 of the Constitution of the People’s Republic of Bangladesh, a Rule Nisi was issued on 15.8.90 calling upon the respondents to show cam as to why the impugned order dated 16.6.90 as contained in Annexure‑J to the petition and them upon initiation of Crimina...... 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...

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

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

...............Petitioner Vs. The State .................Respondents Judgment September 24, 1992. Result: The rule is discharged. Cases Referred to- Abdul Kader Chowdhury and others Vs. State, 28 DLR (AD) 38; Abdul Ali and another Vs. State 30 DLR 58; Bang......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. ......mpuged proceedings of Special Case No.11 of 1992 now pending in the court of Additional Sessions Judge, 2nd Court and ex‑officio Special Judge, Dhaka should not be quashed, or such other or further order or orders passed as to this court may seem fit and proper. 2. While issuing the Rule on ......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. ..

Category: Criminal Law | Date: | Hits: 81

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

.... Lal Banu Bibi and others...............................Petitioners Vs. Nourjan Banu.................................Opposite Party Judgment December 9, 1986. Result: The Rule is made absolute. Cases Referred to- Asia Khatun Vs. Kutu Bewa, 6 DLR page 156; Daibakilal Basak V......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.......on remand to the trial court to afford an opportunity to the plaintiff opposite party to have the plaint amended to secure ends of justice. 14. In the result, the Rule is made absolute without any order as to costs. The judgment and de­cree of both the Courts below are set aside and the suit sen......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)

....ported in: 41 DLR (HCD) (1989) 516.......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.......t could only be done under the Guardian and Wards Act and that there was no allega­tion against the father (Petitioner) as to the welfare of the child. Accordingly he rejected the application by his order dated 30.6.87. After the disposal of the above Criminal Misc. Case No. 1441/87 the com­plaina......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)

....e is also Reported in: 41 DLR (HCD) (1989) 513.......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.......te - For the Opposite Party. Civil Revision No.951 of 1982 Judgment Mustafa Kamal J.- This Rule obtained under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 3.2.82 passed by the learned Subordinate Judge, 5th Court, Dhaka in Money Suit No.11 of ......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)

....mmunicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ......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. ......on that allowing 40% exemption ignoring the recommendation of waiver of 75% by Bangladesh Bank, the controlling authority was unreasonable and arbitrary. It also came to the finding that the impugned order was discriminatory as other companies standing on the same footing with the petitioner has bee......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. ..

Category: Civil Law | Date: | Hits: 141

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

....Thereafter this application filed by the convict appellant Shamsur Rahman @ Shamsu Moral and Asgar Ali through Advocate Mr. Md. Nurul Islam Chowdhury. In this petition the petitioner states that the tadbirkar of the case is an illiterate village person having little knowledge about the proceeding of......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.......ioner was convicted and sentenced to suffer imprisonment for life under sections 302/34 of the Penal Code and for 2 years under section 201 of the Penal Code. He took appeal against that judgment and order of conviction and sentence. During the pendency of the appeal before the High Court Division t......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)

.... in: 51 DLR (1999) (HCD) 336. ......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. ...... Md. Abdul Aziz J Khondker Abdul Majed……………Petitioner Vs. Tarapada Dey………….Opposite Party 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)......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. ..

Category: Civil Law | Date: | Hits: 122

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

....ka Division, Dhaka on 27- 9-93. The Tribunal by a single judgment disposed of ITA Nos. 279-286/1991-92. 2. The petitioner’s case, in short, is that, it is a non-resident corporation having its Head Office in Seoul, Korea, was permitted to work in Bangladesh in the year 1981 by the work permit d......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.......Choudhury J.- Reference Application Nos.68/75 of 1994 have been taken up for judgment as common question of law and fact is involved in these reference applications preferred against the judgment and order passed by the Taxes Appellate Tribunal. Dhaka Division, Dhaka on 27- 9-93. The Tribunal by a s......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)

....¦Petitioner Vs. Abu Yusuf Mridha………………Opposite 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 Hossai......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. ......owdhury J Abdul Quayuam Khan……………Petitioner Vs. Abu Yusuf Mridha………………Opposite 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......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. ..

Category: Procedural Law | Date: | Hits: 129