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Yasinullah Vs. State, 2003, 32 CLC (HCD)
....January 6, 2003. Result: The Rule is discharged. Cases Referred to- Md. Golam Mortuza Vs. State, 28 DLR 115; Ali Akkas Vs. Enayet Hossain and others, 1997 BLD (AD) 44=2, BLC (AD) 16; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69; Mobashwir Ali and others Vs. State, 1994 BLD 566=46, DLR 5......the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ...... of GR Case No.219 of 1999 arising out of Balaganj PS Case No.4 dated 3‑11‑1999, pending in the court of Magistrate, 1st Class, Balaganj, Sylhet should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The prosecution story, in bri......the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ..Category: Criminal Law | Date: | Hits: 86
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....l Islam Talukder J Shahnaj Begum Munni……………………Petitioner Vs. State and another……………………Opposite-parties Judgment May 12, 2011. Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan with Rezaul Karim, Advocates - For the ...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279.......(Panchlaish Zone) under section 138 of the Negotiable Instruments Act, 1881, now pending in the Court of the Metropolitan Sessions Judge, Chittagong should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpos...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279...Category: Criminal Law | Date: | Hits: 120
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....t High Court Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Moinul Islam Chowdhury J AKM Mazharul Haq Chowdhury……………………Petitioner Vs. Bangladesh and others……………………Respondents Judgment February 10, 2010. Result: ......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......bir, Advocates - For the Respondent No.3. Writ Petition No. 4579 of 2009. Judgment Tariq-ul-Hakim J.- Rule Nisi was issued callÂing upon the respondents to show cause as to why the impugned order (Annexure A) issued by the respondent No.5 should not be declared to have been made without an......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ..Category: Employment/Service Law | Date: | Hits: 157
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
.... company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272.......ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272.......t opposed by the responÂdents by filing affidavit-in-opposition. 13. Mr. Tanim Hussain Shawon, learned Advocates appearing on behalf of the petitioner before us in the writ petition, the impugned order and the annexures thereof and submits that the impugned action of the respondent without initi......ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272...Category: Fiscal/Taxation Law | Date: | Hits: 196
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....l and another............Petitioners. Vs. The Chairman, Court of Settlement and another…………....Respondents. Judgment October 29, 1991. Result: The rule is made absolute. Lawyers Involved: Dr. Rafiqur Rahman with Md. Ismail Khan, Advocates ‑Fo......ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288....... Fakhrul Islam, Assistant Attorney General ‑ For the Respondent No.2. Writ Petition No. 1602 of 1988. Judgment Md. Abdul Jalil J. - This rule calls in question the judgment and order dated 9.5.88 passed by the Court of Settlement in Case No. 519/87(Ka‑49 Mohammadpur Block â€......ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288...Category: Property Law | Date: | Hits: 90
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....he appellants Mosharraf Hossain and Mainuddin shared the common intention of the condemned prisoner for committing the murder of one Safiuddin Chowdhury, the Chairman of No. 4 Char Ruhita Union Parishad within the district of Lakshmipur. 3. The facts of the case have been detailed in the judgm......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ......ference. They however, differ from each other on the validity of the conviction and sentence of the two appellants in Criminal Appeal No. 42 of 1985 under sections 302/34 of the Penal Code. Under the order of the learned Chief Justice the matter has, therefore, been referred to me for disposal. ......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ..Category: Criminal Law | Date: | Hits: 116
Commissioner of Taxes, Dhaka Vs. MA Hossain & Co., 1992, 21 CLC (HCD)
.... AM Mahmudur Rahman J Syed JR Mudassir Hussain J The Commissioner of Taxes, Dhaka (North) Zone, Dhaka…………….………Petitioner Vs. MA Hossain & Co. 98, DIT Road, Malibagh, Dhaka....................Respondent Judgment March 8, 1992. Result:......cting the appeal on the ground of limitation we answer the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282....... of law for our decision: ‘‘Whether the Taxes Appellate Tribunal is justified in holding that the appeals are time barred counting the period of limitation of 60 lays from 15.1.86, when the order of the appellate Joint Commissioner was served on the Deputy Commissioner of taxes, inasmuch a......cting the appeal on the ground of limitation we answer the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282...Category: Procedural Law | Date: | Hits: 103
Dr. Sultan Ahmed Vs. AKM Fazlur Rahman and others, 1989, 18 CLC (HCD)
....he defendant contested the suit by filing a written statement contending that in 1960 he paid Tk. 500.00 to one Julfu Miah and from him he took over possession of the suit property and thereafter he had made construction over there and his homeopathy dispensary as well as residential house are situa...... the court below are hereby affirmed. Order of stay passed by this Court earlier is vacated. Send down the LC records immediately. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 281. ......on behalf of the opposite‑parties, submits that the defendant failed to establish that there was no relationship between them, as landlord and tenant and as such this decree is illegal and void. In order to prove the tenancy the plaintiffs examined 5 witnesses. Their evidence were considered by th...... the court below are hereby affirmed. Order of stay passed by this Court earlier is vacated. Send down the LC records immediately. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 281. ..Category: Property Law | Date: | Hits: 108
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....ue....................... Petitioner. Vs. The Court of Settlement and others ……………………..Respondents. Judgment October 22, 1991. Result: The Rule is made absolute. Case Referred to- Mukhtar Ahmed Vs. Government of Bangladesh and others, 3......lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......e prayer of the petitioner, from releasing the property from the list of abandoned properties. 5. It is argued by Mr. MI. Farooqui, the learned Advocate for the petitioner that the judgment and order of the Court of Settlement is highly erroneous and stands in direct conflict with the provisio......lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273...Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....…………………Defendants-Respondents-Petitioners Vs. Abdul Hamid……………………….Plaintiff-Appellant-Opposite Parties Judgment August 4, 2009. Result: The Rule is made absolute. Cases Referred to- Abdur Rahman, 46 DLR 116; 25 DLR 97; 32 Calcutta page 244; 41......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434....... Rule arises at the instance of the defendants on the following terms: "Let the records need not be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the order dated 17-6-1999 passed by Subordinate Judge, 2nd Court, Dhaka in Title Appeal No.216 of 1998 a......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434...Category: Procedural Law | Date: | Hits: 108
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....o the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......sfied that there is reason to believe that any person or any other person on his behalf is in possession of pecuniary resources or property disproportionate to his known sources of income, it may, by order, require such person to furnish in the prescribed manner and within the prescribed time statem......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
.... Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......ner entered into an agreement to sell with him with respect to one-storied building on a land at Mohammadpur on a total consideration of Taka 6,000.00 and on receipt of Taka 2,50,000.00 by way of pay order dated 14-9-95 and a cash of Taka 50,000.00 in Taka 3,000.00 executed an agreement for sale in ......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ..Category: Criminal Law | Date: | Hits: 112
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
....Babor Ali Molla Vs. State, 44 DLR (AD) 10; Alauddin Khan Pathan Vs. State, 19 BLD 74; State Vs. Babul Miah, 63 DLR (AD) 10. Lawyers Involved: Ms. Serwat Siraj, Advocate - For Appellants. Forhad Ahmed, Deputy Attorney-General - For the State. Criminal Appeal No.3395 of 2001. Judgment ...... 16(sixteen) years released from the Jail immediateÂly, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242.......Attorney-General - For the State. Criminal Appeal No.3395 of 2001. Judgment M Enayetur Rahim J.- This appeal at the instance of 3 (three) convict persons is directed against the judgment and order of conviction and sentence dated 21-6-2001 passed by the learned Additional Sessions Judge, 2n...... 16(sixteen) years released from the Jail immediateÂly, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242...Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank BanglaÂdesh Ltd. and others, 2011, 40 CLC (AD)
....Islam, Advocate-on-Record—For Appellants. TH Khan, Senior Advocate (Mainul Hosein, Senior Advocate with him) instructed by AKM Shahidul Huq Advocate-on-Record—For the Respondent No.1. Mohammad Nazrul Islam, Senior Advocate instructÂed by AKM Shahidul Huq, Advocate-on-Record—For the Resp......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......nstructed by Mvi Md. Wahidullah, Advocate-on-Record—For the Respondent No.7. Not Represented—For the Respondent Nos. 2, 3, 5, 6, 3-12. Civil Appeal No.204 of 2003. (From the judgment and order dated 18-11-1999 passed by the High Court Division in Civil Revision No.2757 of 1999. Judgm......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107...Category: Procedural Law | Date: | Hits: 108
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
....of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......number of times the petitioner prayed for Division-I in the jail showing his status and family condition, but on different grounds the same were refused by the Chief Metropolitan Magistrate and these orders of refusal have been annexed with this petition as annexures. Ultimately, the petitioner file......tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283...Category: Criminal Law | Date: | Hits: 105
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....aforesaid money suit alleging, inter alia, that one MA Nasir, husband of defendant-respondent No.1 and father of defendant-respondent Nos. 2 to 4, got an allotment of 19 katha 15 chataks of land at Road No.53, Block No.NW (J), Gulshan Model Town, Dhaka from former DIT now RAJUK by way of permanent l......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......nt-respondents contested the suit by filing a written statement denying all the material allegations contained in the plaint contending, inter alia, that they had to file Title Suit No.555 of 1985 in order to establish that they were the legal heirs of said MA Nasir and they were therefore entitled ......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280...Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Gholam Rabbani J Md. Joynul Abedin J Hamida Begum Chowdhury…………………Appellant Vs. Ahamad Hossain Khan and others…………………Respondents Judgment June 1, 1997. Result: ......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......t on receipt of the balance consideration amount of Taka 3,25,000.00 within 7 months from the date of execution of the said sale agreement. The defendant-appellant wanted to sell the suit property in order to buy some other valuable properties with the sole proceeds thereof. Since the failed to buy ......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ..Category: Civil Law | Date: | Hits: 148
....ction)
Present:
Qazi Shafiuddin J
Syed JR Mudassir Husain J
Laxmi Janardhan Jew Thakur and 3 others…………………Petitioners
Vs.
Government of the People’s Republic of Bangladesh, represented by the Secretary Ministry of Industries, and others………………Respondents
......stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
......ioner’s deity by the respondent Nos. 1-3 in favour of the respondent No.4 should not be declared to have been done without any lawful authority and to be of no legal effect or such other or further order or orders passed as to this Court may deem fit and proper.
2. The petitioner in his writ pe......stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
..
Category: Property Law | Date: | Hits: 85
.... DLR (HCD) (1998) 271.......able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs.
Send down the LC records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 271.......demption that the defendants have already constructed dwelling huts in the suit land after dispossessing the plaintiffs therefrom. Section 9 of the Specific Relief Act does not authorise the Court to order for demolishing or removing dwelling huts or other permanent structures standing in the suit l......able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs.
Send down the LC records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 271...
Category: Property Law | Date: | Hits: 86
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....he plaint. 2. The case of the plaintiff, in short, is that, the property of schedule ‘A’ to the plaint measuring 0.64 acre with a two storied building thereon being house No.5, Circuit House Road, Dhaka, belonged to late Khan Bahadur Muklesur Rahman, father of plaintiff Monzurur Rahman and de......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ..Category: Property Law | Date: | Hits: 109
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