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Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)

.... J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtazuddin Ahmed J Md. Shamsul Huda J  Humayun Hossain Khan.............................Appellant Vs. Bangladesh & others………………………………….Respondent Judgment October 20, 2011. ......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dis­missed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......80 of 2009. 2.  The facts giving raise to this appeal are as follows:— The appellant obtained a loan of taka 7,50,000 on 12-9-1989 from Sonali Bank (here­inafter referred to as the Bank) in order to com­plete the unfinished construction of his house on plot No.45, Road No.7, Sector-4 at U......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dis­missed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ..

Category: Civil Law | Date: | Hits: 138

Abdul Kader and another Vs. Abdul Aziz having died his heirs; (1) Musammat Masuda Begum and others, 1994, 23 CLC (HCD)

....eby vacated. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 67. ...... In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 67. ......it was inter alia, held: "The word 'Transfer' in section 95A has been used in the sense of a transfer by way of a mortgage, the necessary conclusion which follows from the said premises is that in order to bring a transaction of out and out sale with an agreement to reconvey within the purview of...... In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 67. ..

Category: Property Law | Date: | Hits: 78

Baharuddin Vs. State, 1993, 22 CLC (HCD)

....ourt records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61.......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61....... the State. Criminal Appeal No. 2030 of 1991. Judgment Muhammad Ansar Ali J. -This appeal at the instance of accused Bahar Uddin alias Bahar, son of Mohiuddin arises out of the judgment and order dated 31.10.92 passed by the learned Additional Sessions Judge, 1st Court, Dhaka in Sessions C......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61...

Category: Criminal Law | Date: | Hits: 81

Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)

....oner (In Writ Petition No. 2644 of 1990) Abdul Gani, Proprietor of Oriental Engineering Company...........................Petitioner (In Writ Petition No. 346 of 1991) Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division and others…â€...... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57.......riff value, duty and Lax by virtue of SRO dated 18.6.88 and 15.6.88 vide Annexures-B 4 and E made by the Customs Authority is illegal, unconstitutional and violative of fundamental right as such, the order should be declared to have been passed without any lawful authority. In support of his content...... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57...

Category: Fiscal/Taxation Law | Date: | Hits: 155

Chittagong Port Autho­rity Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)

....municate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......pondent. First Miscellaneous Appeal No. 328 of 2007. Judgment Md. Nuruzzaman J.- This First Miscellaneous appeal, at the instance of petitioner-appellant is directed against the judgment and order dated 21-1-2007 passed by the learned Additional District Judge, 1st Court, Chittagong refusin...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ..

Category: Alternative Dispute Resolution | Date: | Hits: 334

Mahatab Vs. State, 2010, 39 CLC (HCD)

....hman Miah J Farah Mahbub J Mahatab…………………………Petitioner Vs. State…………………………Opposite Party Judgment March 11, 2010. Result: The rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 540 The Evidence Act, ......f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ...... statutory functions whether discretionary or obligatory according to law in dispensing justice because it is the duty of Court not only to do justice but also to ensure that justice is being done in order to enable the Court to find out the truth and render a just decision. The statutory provisions......f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ..

Category: Criminal Law | Date: | Hits: 97

Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

.... This Case is also Reported in: 50 DLR (HCD) (1998) 458.......h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458.......the Petitioner. Not represented-the Respondents. Writ Petition No. 1456 of 1998. Judgment AM Mahmudur Rahman J.- This is an application under Article 102 of the Constitution impugning the order dated 21‑5‑1998 of the Review Committee constituted under section 193C of the Customs Act,......h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458...

Category: Fiscal/Taxation Law | Date: | Hits: 138

Abdul Khaleque Vs. National Fans Ltd. & another, 1995, 24 CLC (HCD)

....dgment January 16, 1995. Result: The petition is rejected. Lawyers Involved: Kh Nurul Islam with AS Md. Ramzan Khan, Advocates - For the Petitioner. Syed Ishtiaq Ahmed with Miss Nihad Kabir, Advocates ‑ For the Respondent No.1. Cancellation of Design Petition No.1 of 1991. ......rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453....... both the sides we hold that the petitioner failed to make out any case for interference by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453.......rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453...

Category: Intellectual Property Law | Date: | Hits: 257

Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)

....) Present: Gour Gopal Saha J Didar Ali and others………………Petitioners Vs. Naziur Rahman………………Opposite Party Judgment May 4, 1998. Result: The Rule is made absolute. Cases Referred to- Sold Bibi Vs. Amiran Nessa and others, 5 BLT 117; Rahmat Ali ...... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451.......Involved: AS Md. Ramzan Khan, Advocate ‑ For the Petitioner. Not Represented ‑ For the Opposite Party. Civil Revision No.3141 of 1997. Judgment Gour Gopal Saha J.- In this Rule the order dated 30‑7‑97 passed by the Assistant Judge, 3rd Court, Dhaka in Title Suit No.105 of 1997...... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451...

Category: Procedural Law | Date: | Hits: 81

Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)

....e is also Reported in: 62 DLR (HCD) (2010) 430. ......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......d Counsel lastly submits that after considering materials on record the Court of appeal below rightly reversed the Judgment of the trial Court which calls for no interference by this Court. 14. In order to appreciate the submissions advanced by the learned Counsels, I have gone through the revisi......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ..

Category: Property Law | Date: | Hits: 98

Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)

....ords at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ......ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ......o.3 of 2004, reversing those of dated 17-1-2004 passed by the learned Senior Assistant Judge, Chandpur Sadar, Chandpur in Title Suit No.15 of 2002 should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. Short facts of the case are a......ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ..

Category: Employment/Service Law | Date: | Hits: 158

State Vs. Azam Reza, 2008, 37 CLC (HCD)

....n to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399.   ......cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399.   ...... by the Judge of the Druta Bichar Tribunal No.4, Dhaka for confirmation of sentence of death awarded by him to accused Azam Reza convicting him under section 302 of the Penal Code by the Judgment and order dated 17-1-2005 passed in Druta Bichar Tribrural Case No.26 of 2004 and the criminal appeal an......cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399.   ..

Category: Criminal Law | Date: | Hits: 114

Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)

....dur Rahman J Naimuddin Molla and others……………….Petitioners Vs. Ibrahim Molla and others………………..Opposite Parties Judgment May 14, 2008. Result: The Rule is made absolute. Cases Referred to- Naimuddin Sarder @ Naimuddin Sarder Vs. Md. Abdul Kalam Biswa...... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......0- 2000 (decree signed on 5-11-2000) passed by the learned Assistant Judge, Sadarpur, Faridpur in Title Suit No.32 of 1998 dismissing the suit shall not be set asides and or pass any other or further order or orders as to this Court may seem fit and proper. 2. The plaintiff Ibrahim Molla institu...... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ..

Category: Procedural Law | Date: | Hits: 120

Mahamudur Rahman Vs. Md. Matiur Rahman, 2006, 35 CLC (HCD)

....strate, Dhaka is quashed. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 367. ...... absolute. The proceeding of GR Case No.3735 of 2002 pending in the Court of learned Chief Metropolitan Magistrate, Dhaka is quashed. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 367. ...... absolute. The proceeding of GR Case No.3735 of 2002 pending in the Court of learned Chief Metropolitan Magistrate, Dhaka is quashed. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 367. ...... absolute. The proceeding of GR Case No.3735 of 2002 pending in the Court of learned Chief Metropolitan Magistrate, Dhaka is quashed. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 367. ..

Category: Criminal Law | Date: | Hits: 87

Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)

....y she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ...... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ......nd God is Exalted in Power, Wise." "For divorced women maintenance (should be provided) on a reasonable (scale). This is a duty on the righteous." "Thus doth God make clear His Signs to you: in order that ye may understand." Quran, Second Sura Baqara, verses 240‑242. (These and the other ...... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ..

Category: Family Law | Date: | Hits: 528

Ekram Ali Fakir and three others Vs. Abdus Samad Biswas, 1994, 23 CLC (HCD)

....ore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ......f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ......ily explained and therefore the same is condoned. Register the petition as a revisional application. 2. This revisional application under sections 439/435 CrPC is directed against the judgment and order of affirmance passed by Mr. Mustafa Inamul Hafiz, Additional Sessions Judge, Jessore in Crimin......f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ..

Category: Criminal Law | Date: | Hits: 85

Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)

....on) Present: Qazi Shafiuddin J Kazi AT Manowaruddin J Anwar Hossain Khan……………………………………………………………………Petitioner Vs. Speaker of Bangladesh Sangsad Bhavan and others ………………Respondents Judgment December 11, 1994. R...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......is writ petition challenging and unabated abstention of respondent Nos. 3‑5 and sought relief by way of declaration and mandamus so that the abstaining members may be sent back to the Parliament in order to enable them to discharge their constitutional function and obligation within the framework ...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ..

Category: Constitutional Law | Date: | Hits: 344

Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)

....ion dated 12-11-96 constituting Selection Boards for recommending appointment of Assistant Professors and Lecturers of the University of Dhaka in various subjects should not be declared to have been made without lawful authority and is of no legal effect. 2. The petitioner, Nurul Amin Bepari, a p...... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405....... various Departments although there are thousands of teachers available for inclusion in Selection Board. As the Syndicate is the approving authority it included its members in the Selection Board in order to have recommendation of teachers belonging to the ruling political party. The petitioner sta...... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405...

Category: Employment/Service Law | Date: | Hits: 228

State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)

....‑10‑94 passed by the learned Additional Sessions Judge, and Special Judge, 2nd Court, Faridpur, in Special Case No.1 of 1994 convicting the accused appellant under section 409 of the Penal Code read with section 5(2) of the Act II of 1947 and sentencing him to suffer rigorous imprisonment for 5 ......charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......Appellant. SA Hasan, Assistant Attorney‑General ‑ For the State. Criminal Appeal No.2257 of 1994. Judgment Syed JR Mudassir Husain J.- This Appeal is directed against the judgment and order of conviction dated 19‑10‑94 passed by the learned Additional Sessions Judge, and Special ......charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ..

Category: Criminal Law | Date: | Hits: 99

Indu Mod Howlader Vs. Additional Deputy Commi­ssioner and others, 1997, 26 CLC (HCD)

....as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444....... the Assistant Judge, Uzirpur, Barisal decreeing the suit. 2. The fact relevant for the disposal of the Rule is that, the plaintiff‑petitioner filed the aforesaid suit for a declaration that the order dated 6‑1‑76 passed by the Government through the Deputy Commissioner, Barisal and mention......Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444...

Category: Property Law | Date: | Hits: 84