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Babul Vs. State, 2002, 31 CLC (HCD)
....and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......For the Appellant. Snigdha Huq, Assistant Attorney-General—For the State-Respondent. Criminal Appeal No. 446 of 1999. Judgment AK Badrul Huq J.— Babul having been depicted as offender for possession of weapons of offence faced trial of charge laid under sections 19A and 19(f) of the ......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......Vs. State..............................Respondent Judgment August 14, 2002. Results: Appeal stands allowed. Case Referred to- Kanta Proshad Vs. State, AIR 1961 Allahabad 438. Lawyers Involved: Prabir Halder, Advocate—For the Appellant. Snigdha Huq, Assistant Attorney..Category: Criminal Law | Date: | Hits: 84
Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)
....ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ...... Dhaka, allowing Misc. appeal No.27 of 2009 by reversing those of dated 05-04-2009 passed by learned Assistant Judge and Family Court No.15, Dhaka, directing the custody of children to plaintiff for ten days in Family Suit No.08 of 2009. 2. Material facts are that on 15-01-2009 materna......ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ......Quddus.........................Petitioner Vs. Syed Moinul Ahsan Sajjad......................Opposite party Judgment February 7, 2010. Result: The Rule is disposed of. Lawyers Involved: Mrs. Fauzia Karim Firoze, Advocate with Mr. Md. Tashaddak Hasan, Advocate and M..Category: Family Law | Date: | Hits: 171
....d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
......nate Judge, Court No. 3 at Dhaka in Money Suit No. 47 of 1991, which decreed the suit.
Respondent Nos. I to 6 as plaintiffs on 20‑6-Â91 instituted the suit against the appellants and two others for a money decree of Taka 6,86,99,585.21.
2. Plaint case, in short, is that plaintiff No. 1 was ......d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
...... Vs. Shohag Medicine Supply and others, 52 DLR 571; Khohinoor Chemical Co Vs. Royal Exchange Assurance, 25 DLR 155; Gopal Singh Hira Singh Vs. Punjab National Bank and another, AIR 1976 Delhi 115.
Lawyers Involved:
Rafique‑ul Huq with MA Samad and MGH Ruhullah ‑ For the Appellants.
Abdu..
Category: Civil Law | Date: | Hits: 92
Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)
....No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......his Rule the plaintiff petitioner challenged order No. 14 dated 30‑5‑2001 passed by the learned Assistant Judge, Sonagazi, Feni in Title Suit No. 46 of 2000 rejecting the petitioner's application for calling for the records of Title Suit No. 134 of 1958 and accordingly, the opposite party Nos. 1......No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......llah (Md) and others........................ Petitioners Vs. Majibul Huq and others ....................Opposite Parties Judgment May 18, 2003. Result: The Rule is made absolute. Lawyers Involved: Ferdausi Sahab, Advocate ‑ For the Petitioners. No one ‑ For the Opposit..Category: Civil Law | Date: | Hits: 75
.... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
......cate of this Court received as the subscriber of his residence telephone, No. 400516, a telephone bill from the respondent No.2, a Senior Accounts Officer of Bangladesh Telegraph and Telephone Board, for the month of October, 1994 amounting to Taka 770.73 including Taka 100.53 as 15% VAT (Annexure-A...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
......…………Petitioner
Vs.
Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others…………Respondents
Judgment
November 12, 1997.
Result:
The Rule is discharged.
Lawyers Involved:
Ahmed Husain, Advocate - In Person.
Md. Serajul Haq, Advocate - For the Resp..
Category: Fiscal/Taxation Law | Date: | Hits: 138
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ......ent and decree dated 8‑1‑01 passed by Subordinate Judge, Court No. 1 at Chittagong in Other Suit No. 88 of 2000, which rejected the plaint. 2. On 8‑6‑2000 the plaintiff instituted the suit for declaration of title in the suit land and also for further declaration that the plaintiff societ......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ...... Animal Protection Society Chittagong ………Appellant Vs. Laxman Chadra Das & others................Respondents Judgment October 22, 2003. Result: The appeal is allowed. Lawyers Involved: Subrata Chowdhury, Advocate ‑ For the Appellant. Mahbubay Alam with AM Ami..Category: Property Law | Date: | Hits: 61
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ...... the Code of Criminal Procedure would operate as a bar to a proceeding under sections 464/465/467/468 /469/471/109 of the Penal Code, against one who had used a photo copy of a document alleged to be forged in a proceeding under sections 406/420 of the Penal Code. 3. The relevant facts are, that ......ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......han and others Vs. State, 40 DLR (AD) 226; Girdhari Lai Vs. Emperor, AIR 1925 (Oudh) 413; Sanmukhsingh and another Vs. King, AIR 1950 PC 31; King Emperor Vs. Shaskari Baksh Singh, (1905) 8 OC 313. Lawyers Involved: Nirmalendu Deb, Advocate - For the Petitioners. JK Pal with Surojit Bhattach..Category: Criminal Law | Date: | Hits: 94
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......ed by Joint District Judge, Court No.5 in Dhaka in Title Suit No.191 of 2004, which granted temporary injunction restraining the defendants from sending names of the plaintiffs to the Bangladesh Bank for publication in the CIB (Credit Information Bureau) report. 2. Short facts for disposal of the......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......ers.................................Appellants Vs. Beximco Holdings Ltd. and others ...................Respondents Judgment November 8, 2004. Results: The application is allowed. Lawyers Involved: Mahmudul Islam with AQM Shafiullah, Advocates—For the Appellants. Rafique..Category: Civil Law | Date: | Hits: 71
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ....... Matter No. 105 of 2004. Judgment Md. Abdur Rashid J.- This application at the instance of one Abdur Rashid Chowdhury is made under section 43 of the Companies Act, 1994, in brief, the Act, for rectification of the register of members of a company. 2. The company is a private limited co......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ...... Group of Publications, 50 DLR (AD) 138; Ittefaq Group of Publications Ltd. Vs. Arab Bangladesh Bank, 50 DLR 597; Dr. Monjurul Islam Vs. Al‑Rajhi Hospital (Pvt.) Ltd. and others, (2004) 1 LG 46. Lawyers Involved: Muhammad Nawshad Zamir with Fatema Anwar, Idris Khan, AHM Kamruzzaman and Sathi..Category: Company Law | Date: | Hits: 232
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
.... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......…………………………….Respondent Judgment July 6, 2004. Lawyers Involved: Md. Ozair Farook with Osman Gani, Advocates—For the Petitioner. Aktar Imam, Advocate—For the Informant. Criminal Miscellaneous Case No.11845 of 2003. Judgment SK Sinha J.- This Rule at t...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ...... Md. Abu Tariq J Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd..............Petitioner Vs. State…………………………….Respondent Judgment July 6, 2004. Lawyers Involved: Md. Ozair Farook with Osman Gani, Advocates—For the Petitioner. Aktar Imam..Category: Criminal Law | Date: | Hits: 89
Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
.... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ......not maintainable. According to the pre-emptees, the Miscellaneous case was not filed by pre‑emptor Nos.1, 2, 4, 5, 6 and 7 and their signatures in the vokalatnama and Miscellaneous application were forged and fabricated and prayed for dismissal of the case. 4. Aforesaid Miscellaneous Case No.5 ...... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ......nick and ors., 53 CWN (1 DR 61); Kafiluddin Chowdhury Vs. Dr. Abdus Sattar, 20 DLR 1220; A Jafar Vs. A Hamid, 19 DLR 306; Belayet Hossain and another Vs. Md. Abu Taher and others, 32 DLR (AD) 231. Lawyers Involved: Mozaffar Hossain with Md. Azizul Islam, Advocates-For the Petitioners. Dr. R..Category: Property Law | Date: | Hits: 52
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......tioner was an employee of the Bangladesh Jute Mills Association (hereinafter called 'the Association'), the respondent No.1. His services has since been terminated. The petitioner has filed this case for an order for winding up of the Association pursuant to the provision of section 241(v) of the Ac......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......of Lords 360; Mazharul Hoque Vs. Bulk Management (Bangladesh) Ltd. and others, 1996 BLD 575= 48 DLR 453; Nizamul Huque Vs. Singa-Bangla Garment Manufacturing Co. (Pvt) Ltd. 1991 BLD 49=43 DLR 603. Lawyers Involved: KS Nabi with Kazi Rehan Nabi, Advocates—For the Petitioner. Md. Asaduzzama..Category: Employment/Service Law | Date: | Hits: 144
....1983 (Ordinance No.LVI of 1983).
36. The aforesaid Ordinance was made by the Chief Martial Law Administrator of the People's Republic of Bangladesh on the 28th September, 1983, in pursuance of the Proclamation of the 24th March, 1982 and in exercise of all powers enabling him in that behalf. The ......he monthly salary of the petitioner No.4 since March, 2003 and an Audit and Accounts Officer of the respondent No.1, by his letters dated 27‑7‑2003 (Annexure-C series) returned their salary bills for the month of July, 2003, refusing to make payments unless their gross pensions are adjusted. As ......egard namely, the Chief Election Commissioner and Election Commissioners (Remuneration and Privileges) Ordinance, 1983 (Ordinance No.LVI of 1983).
36. The aforesaid Ordinance was made by the Chief Martial Law Administrator of the People's Republic of Bangladesh on the 28th September, 1983, in pur.....................Petitioners
Vs.
Controller and Auditor General of Bangladesh and 4 others.............Respondents
Judgment
April 18, 2004.
Result:
This Rule Nisi is made absolute.
Lawyers Involved:
Dr. Kamal Hossain, Advocate with Ashraful Hadi, Sara Hossain, Tanjibul Alam, Ad..
Category: Employment/Service Law | Date: | Hits: 99
....Â1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
......lared to have been prepared without lawful authority and is of no legal effect and why the respondent shall not be directed to prepare a bill of 91200 units and to accept the payment of the said bill forthwith.
2. The petitioner No.1, Daulatpur Ice and Cold Storage Ltd., is a private limited comp......Â1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
......ge Ltd. and another.................Petitioners
Vs.
Chairman, Power Development Board and others............Respondents
Judgment
June 23, 1999.
Result:
The Rule is made absolute.
Lawyers Involved:
SM Moonir, Advocate—For the Petitioner.
Zakir Hussain Mazumder, Advocateâ€..
Category: Others | Date: | Hits: 135
Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)
....2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106.......ers, against the judgment and order dated 2‑7‑2001 passed by the Assistant Judge, Chirir Bandar, Dinajpur in Title Suit No.7 of 1985 allowing the prayer dated 17‑6‑2001 of the defendant No.30 for order of substitution of the heirs of defendant No.3 and accepting the additional written statem......2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106.......angshu Kumar Banik and others.......Respondents Judgment November 30, 2004. Result: The Rule is made absolute. Case Referred to- Nanjan Vs. Selai and others, AIR 1958 Madras 383. Lawyers Involved: Mohammad Nazibur Rahman—For the Petitioners. Enayetur Rahim with Md. Jahan..Category: Property Law | Date: | Hits: 50
....08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
......co-bidder namely Messrs Poles and Concrete Ltd. After being successful in the tender respondent No.6 issued notification of award and entered into an agreement on 5-2-2008 with the petitioner company for supply of 6,999 SPC poles of two sizes and with Messrs Poles and Concrete Ltd. for supply 2,701 ......daker Delowar Hossain, Secretary, BNP Vs. Bangladesh Italian Marble Works Ltd. reported in 62 DLR (AD) 298 wherein their Lordships of the Appellate Division repelled the argument that the decision of Martial Law authority provides some binding precedents under Article 111 of the Constitution and obs......al AIR 1999 SC 912; Kendriya Vidyalaya Sangathan Vs. Ram Ratan Yadav, AIR 2003 SC 1709; State of Punjab Vs. Rajesh Syal AIR 2002 SC 3687; Anti-Corruption Vs. Barrister Nazmul Huda 60 DLR (AD) 57.
Lawyers Involved:
MA Hannan and Abdus Samad Azad, Advocates- For the Petitioner.
SM Moniruzzam..
Category: Fiscal/Taxation Law | Date: | Hits: 140
Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)
....side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ...... in Title Suit No. 261 of 1997, which rejected the plaint. 2. Plaintiffs on 6‑5‑92 instituted Title Suit No. 79 of 1992 in the Third Court of Subordinate Judge at Dhaka against the respondents for Specific Performance of a contract. The suit was then on transfer renumbered as Title Suit No. 2......side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ......ents Judgment August 22, 2004. Result: The appeal is allowed. Cases referred to- Lebu Mia Vs. Gonesh Chandra Nath and others, 34 DLR (AD) 220; AIR 1950 Cal 207; AIR 1918 Mad 272. Lawyers Involved: Mahmudul Islam with Serajul Islam Bhuiyan, Advocates ‑ For the Appellants. ..Category: Property Law | Date: | Hits: 61
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......275 of 1995 reversing those dated 22‑8-Â95 of the Subordinate Judge, Court No.1 at Bagerhat passed in Title Suit No. 54 of 1993 and in dismissing the suit. 2. The plaintiffs instituted the suit for partition simpliciter of the suit land measuring about 10.15 acres for a separate joint share of......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ...... others, 21 DLR 673; Nanda Lal Dhur Biswas Vs. Jagat Kishore Acharjya, 36 Indian Cases 420; 29 DLR (SC) 137, AIR 1935 Calcutta 689; Jagannath and others Vs. Sreenath and others, (1922) 59 CLJ 167. Lawyers Involved: Parimal Chandra Guha—For the Petitioners. Subash Chandra Saha—For Opposi..Category: Property Law | Date: | Hits: 64
.... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
......€‘2000.
4. The Siemens Bangladesh Ltd. imported 1349 pieces Siemens S‑16 Mobile Phone and 1349 pieces of Travel Chargers along with the accessories under a Letter of Credit dated 9‑3‑2000. Before shipment, the petitioner company through its overseas office at 'LINFORT BERMANY" inspected the...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
......d others................. Respondents
Judgment
May 20, 2003.
Result:
The Rules are made absolute.
Case Referred to-
National Board of Revenue Vs. Bata Shoe Co., 42 DLR (AD) 195.
Lawyers Involved:
Mahmudul Islam with Md. Mizanul Hoq Chowdhury, MA Hannan and Hasan Raqib Prodha..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......No. 18 of 1998 convicting accused appellant Md. Abdur Razzaque under section 6(1) of Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that, on the night following on......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ...... in part. Cases Referred to- Gopi Shanker and others Vs. State (Rajasthan), 1967 CrLJ 922; Lahore High Court Vs. Emperor, AIR 1933 Lahore 1002; Kishen Singh Vs. Emperor, AIR 1927 Lahore 580. Lawyers Involved: Munsurul Haque Chowdhury, Advocate ‑ For the Appellant. SM Aminul Islam, A..Category: Criminal Law | Date: | Hits: 94
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