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Mohammad Hossain and others Vs. Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and non-resident properties, Noakhali and others, 2011, 40 CLC (HCD)

....gladesh, through the Secretary, Ministry of Industries and others, 33 DLR (AD)-30; Nittya Gopal Roy Barmon Vs. Pran Gopal Nandi and others, 32 DLR-11. Lawyers Involved: Md. Delwar Hossain, Advocate, Advocate with Sihab Uddin Mahmood, Advocate-For the appellants. S.S. Sarker, Deputy Attorney......e law which is already dead.” 14. It appears that, defendant only produced only one file and no other document. It appears that defendant tried to treat the suit property as enemy property first time in L.A. Case No.2/81-82, not before that. It appears that defendant did not give any explanatio...... parliamentary affairs, Government of Bangladesh. Send down the lower Court record. Communicate this order at once. Ed. Md. Nuruzzaman J.-I agree. This Case is also Reported in: ...... parliamentary affairs, Government of Bangladesh. Send down the lower Court record. Communicate this order at once. Ed. Md. Nuruzzaman J.-I agree. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 66

State Vs. Kazol, 2011, 40 CLC (HCD)

....down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ...... generally corroborating the F.I.R. account, however, appeared to have produced accounts of being recipients of a dying declaration supposedly made by a grievously injured Taposh at various points in time while being transported to the hospital. Also, most witnesses have differed on the circumstance......bu Sen, Manik Sheikh and Akhtar Dhali on 1.5.2004, that is, a day after their arrest on 30.4.2004. It is worthwhile to further note that the Seizure List, prepared on 30.4.2004 listing inter alia the recovery of a pair of leather sandals, a gas-lighter, a cigarette pack with cigarette and ganja stic...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 106

Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)

....is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......er the Guarantees. Following on the heels of such demand, and notably after the expiration of the Guarantees on 31.12.2006, the borrower vide letter dated 11.1.2007 requested the Petitioner to extend time for the adjustment of his liabilities. In response, the Petitioner by a letter dated 8.2.2007 c......mittedly so, taking any consent from or informing the Respondent No.1 in advance of the same. It is evident, thereafter, that the Petitioner and the borrower engaged themselves in another exercise at recovery of the dues from the borrower. This is evident in particular in the issuance of a cheque da......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ..

Category: Company Law | Date: | Hits: 203

Government of the People's Republic of Bangladesh Vs. Subordinate Judge, 4th Court and Arbitrator, Dhaka and Others, 1992, 21 CLC (HCD)

....l Original Jurisdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J Government of the People's Republic of Bangladesh represented by the Land Acquisition Collector, Dhaka, Police Station Kotwali in the City of Dhaka...........Petitioner Vs. Subordinate Judge, 4th Court an......the Rule was issued on 13th August, 1991 against the respondent but on repeated attempts the Rule could not be served upon the respondent No. 2. Subsequently it was discovered that he was dead at the time when the Rule was issued but prior to that upon an application of the petitioner the respondent......respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 391.......respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 391...

Category: Alternative Dispute Resolution | Date: | Hits: 213

lqbal Ahmed Quraishi Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Dhaka, 1991, 20 CLC (HCD)

....of Works, Government of the People's Republic of Bangladesh, Dhaka...........................Respondents Judgment November 18, 1991. Lawyers Involved: MI Farooqui with M Saleemullah, Advocates - For the Petitioner. Fakhrul Islam, Assistant Attorney General‑ For the Respondents. W......ation and khas possession. The petitioner filed the said suit on 26.2.1977 which was registered as Title Suit No.52 of 1977 in the 4th Court of the Subordinate Judge, Dhaka. Subsequently the case was time to time transferred to different Courts and finally it was re‑numbered as Title Suit No.459 o......de, illegal, inoperative and void and of no legal effect and was not binding upon the plaintiff. It was further declared, "the suit property is not an abandoned property and that the plaintiff do get recovery of possession of the suit property". The said decree was executed in Title Execution Case N......ade without lawful authority and to be 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: 45 DLR (HCD) (1993) 416. ..

Category: Property Law | Date: | Hits: 86

Trade Channel Vs. Collector of Customs, Customs House Chitta­gong and others, 1990, 19 CLC (HCD)

....ms House Chitta­gong and others……..........Respondents Judgment August 6, 1990. Cases Referred To- A. Hannan Vs. Collector of Customs, 40 DLR 273; MA Hai and others Vs. Trading Corporation of Bangladesh, 1988 BLD (AD) 84; A Hannan 42 DLR (AD) 167; Maritime E Ca. Vs. General Dairies,......nt August 6, 1990. Cases Referred To- A. Hannan Vs. Collector of Customs, 40 DLR 273; MA Hai and others Vs. Trading Corporation of Bangladesh, 1988 BLD (AD) 84; A Hannan 42 DLR (AD) 167; Maritime E Ca. Vs. General Dairies, AIR 1937 PC 114; K. Ramdas Vs. Udipi Mum, AIR 1974 SC. 2177. Lawy...... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ...... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)

....Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Anwarul Haque Chowdhury J Abdul Karim J Hussain Mohammad Ershad……………. Petitioner Vs. State……………....Opposite Party Judgment January 21, 1992. Cases Referred To- Publi......hers and the members of the said committee also included Mr. Mustafizur Rahman, a businessman and relation of the former President, and, according to the prosecution, he represented HM Ershad at that time in identifying his personal belongings separated from the goods belonging to the Government. Th......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ..

Category: Criminal Law | Date: | Hits: 125

Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)

....Result: The Rule is made absolute. Case Referred to- Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 40 DLR (AD). Lawyers Involved: Shahid Alam Advocate‑For the Petitioner. Qazi Akhter Hossain, Assistant Attorney General‑For the Respondents. ......petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ......petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ......petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ..

Category: Constitutional Law | Date: | Hits: 174

Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)

.... High Court Division (Criminal Revisional Jurisdiction) Present: Abdul Bari Sarker J Kazi Ebadul Hoque J Muhammadullah and others………….Petitioners Vs. Makbul Ahmed and State………….Opposite Parties Judgment May 13, 1991. Cases Referred To- Asiatic Oxyg......contemplated under section 108(2) of the Companies Act. 9. In the present case, it is admitted that the accused petitioners completed the share certificates and made them ready for delivery within time. But instead of delivering the same to the complainant they mortgaged the same to BSRS for rais......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ..

Category: Criminal Law | Date: | Hits: 89

Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)

....le Ahmed J Alesuddin Mondal ..............Petitioner Vs. Md. Toyezuddin Dewan.................Opposite Party Judgment January 31, 1991. Lawyers Involved: Mashi‑ul‑Islam, Advocate‑For the Petitioner. Mansur Habib with Mala Routh, Advocates-For the Opposite Party. Civi......harer of the holding to which the disputed land appertains. 4. Opposite party No.1 Faizuddin Dewan contested the case by filing written objection contending, inter alia, that the case is barred by time, that it suffers from defect of parties and that the opposite party has gifted the suit land to......n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ......n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ..

Category: Property Law | Date: | Hits: 81

Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)

....Abdul Hasib J Ayub Ali Mohaldar ............Petitioner Vs. Md. Shahjahan and others..........Opposite Parties Judgment August 14, 1990. Case Referred to- AIR 1961, Supreme Court, at page 1367. Lawyers Involved: Md. Abdur Rahim ‑ For the Petitioner. Md. Latifur Rahman ......umar Bhattacharjee and in that petition also the fact of issuance of rule and stay by this Court was mentioned and it was further stated in that petition that if the contemner Assistant Judge granted time for, the petitioner would produce a certified copy of Rule and stay of this Court. From the ord......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ..

Category: Criminal Law | Date: | Hits: 84

Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)

.... 44 DLR (HCD) (1992) 96.......d of, it is the duty of the Court to try that issue first at the earliest opportunity so that the Court may not be unnecessarily bogged down in a complicated trial of the issue of fact requiring much time and involving heavy expenditure." 5. Mr. Khandker Mahbubuddin Ahmed, the learned Advoca...... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96....... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96...

Category: Procedural Law | Date: | Hits: 62

Abdus (Md) Subhan alias Md Abdus Subahan and another Vs. Abdul Maleque and others, 1991, 20 CLC (HCD)

.... Vs. Abdul Maleque and others ............................................Opposite Parties Judgment May 16, 1991. Case Referred to- Mst. Bibi Saleha Vs. Antu Ram and another AIR 1918 Pat.543. Lawyers Involved: Bazlur Rahman Talukder, Advocate‑For the Petitioner. Miah Abdul......e plaintiffs have been able to prove their possession on the basis of the documentary evidence as well as verbal evidence. As the statement of the D.Ws. were contradictory because of the fact that at times they stated that they got the land by purchase and at times they stated that they got the land...... the plaintiffs have got prima facie right, title and possession in the suit land and that if the plaintiffs possessed any more land than they are entitled to, then the defendants can file a suit for recovery of excess land from the possession of the plaintiffs. On appeal the judgment of the trial C...... of the records from this Court. Send the LC records at once. 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) 94...

Category: Property Law | Date: | Hits: 72

Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)

....be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......cation of torture and other methods extorted confession and as a result the accused appellant No.1 was physically crippled. The appellant No.2 Amir Ali having been arrested by the police after a long time was also mercilessly tortured; both the accused persons were illegally confined in the police c....... P.W.13 Md. Azizur Rahman was the Assistant Sub‑Inspector of Police in the Damurhuda Police Station at the relevant time. He told the, Officer‑in‑Charge on receipt of the information about the recovery of dead body in the Bhedagari beel and GD Entry No.791 dated 30.3.87 was recorded. On the d......nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ..

Category: Criminal Law | Date: | Hits: 110

MM Enterprise Limited Vs. General Certificate Officer, Collectorate Building, Comilla, 1992, 21 CLC (HCD)

.... AKM Sadeque J Mainur Reza Chowdhury J MM Enterprise Limited, 224, Bara Maghbazar, Dhaka, represented by its Director, Syed Tazammul Hussain……………Petitioner Vs. General Certificate Officer, Collectorate Building, Comilla and another…………….Respondents Judgment D......ting that as on that date only 13,120 mds. were sold as against the total stock of 88,440 maunds and expressed apprehension that it would not be possible to dispose of the pledged potatoes within the time schedule. The petitioner has annexed the true copies of the letters dated 19.9.82 and 17.10.82 ......r refused to allow certified copies of the requisition and certificate but agreed to allow copy of the order. It has been further stated by the petitioner that generally the Bank files civil suit for recovery of its dues; but in this case as they are aware that upon proper scrutiny and adjudication ......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 407...

Category: Civil Law | Date: | Hits: 99

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....tion is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......he said Account of the accused No.1; that one Meyer Sairee deposited US$ 4, 20,566.00 in the said Account on 05.06.2003; that Merina Zaman deposited US$ 30,000.00 in the said Account and in different times total amount of US$ 4, 11,405.00 was deposited in the said Account. Thus in the year 2003 in t......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ..

Category: Civil Law | Date: | Hits: 238

AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)

....vision (Criminal Revisional jurisdiction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J AKM Mohinus Saleh & others…………………Accused‑Petitioners. Vs. State…………………Opposite Party Judgment August 31, 1992. Cases Referred To- Hosh......ent from further harassment the instant proceeding is liable to be quashed. Secondly, the proceeding was initiated in the year 1978 and since then more than 14 years have already elapsed during which time the trial could not commence and be concluded and this long pendency of the criminal case by it...... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386....... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386...

Category: Criminal Law | Date: | Hits: 80

Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)

.... Vs. Bashiruddin & others................Opposite Parties Judgment November 18, 1991. Cases Referred To- Abdur Rahman vs Mokles Ali, 31 DLR (AD) 118; Lebu Mia Vs. Gonesh Chandra Nath, 34 DLR 220; Abdur Rahman Vs. Baser Ali, 21 DLR 599; 24 DLR (AD) 220; Jatindra Chandra Urang Vs....... not registered till 20.5.90, on which date the present petitioners filed the petition before the trial Court for rejection of the pre‑emption petition the ground of prematurity and that in the meantime, the registration of the document under section 60 has been completed. In the case of Abdur Rah...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ..

Category: Property Law | Date: | Hits: 89

A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)

..... Jalil ..... Petitioner Vs. Upendra Chandra Saha & others ....................Opposite Parties Judgment November 28, 1991. Lawyers Involved: Shah Abu Nayum Mominur Rahman, Advocate ‑ For the Petitioners. Md. Joynul Abedin, Advocate ‑ For the Opposite Parties. Civil R......n the propriety of the order of the Subordinate Judge allowing amendment of the application for pre‑emption. The application contains a prayer for condonation of delay of 857 days. As it was out of time the same was returned to the learned Advocate for speedily moving the same before the court. Th......titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ......titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ..

Category: Procedural Law | Date: | Hits: 72

Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)

....d To- Attorney‑General Vs. Lockwood, (1842) 9 M & W 378, 398; Nokes Vs. Doneaster, 1940 AC 1014 (1022); Miller Vs. Salomons, 7 Ex 475, 560. Lawyers Involved: Abdul Baset Majumder, Advocate ‑ For the Petitioner. Not represented- the Respondents. Writ Petition No. 3407 of 1991. ......des that "A person shall be­ disqualified for election or nomination as, or for being, a Chairman or a member if he has defaulted in repaying any loan taken by him from any specified bank within the time allowed by the bank therefor." The Bangladesh Krishi Bank is included in the said sub‑section......r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ......r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ..

Category: Election Law | Date: | Hits: 128