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Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....o hereinafter as the Act, against order dated 01-02-86 passed by the learned Munsif at Upazila Pirgachha, Rangpur allowing an application made under section 151 of the Code by the pre-emptor opposite party and restoring the Miscellaneous Case No. 31 of 1984 to its file and number on setting aside th......se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ..Category: Civil Law | Date: | Hits: 69
Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)
....s—For the Petitioners. Rafiqul Haque with M Nazrul Islam, Advocates—For the Opposite Party. Criminal Appeal No.1156 of 1999. Judgment Md. Hamidul Haque J. - By this Rule the opposite party was called upon to show cause as to why the proceedings of GR No. 929/98 now pending in the Co......e repaid. The complainant further alleged that all the above accused persons in collusion with each other in order to defraud the bank, removed 13670 cartons worth taka four crore from the godown. An investigation was held on the basis of that First Information Report and during that stage at presen..Category: Criminal Law | Date: | Hits: 39
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....ed Subordinate Judge, 2nd Court, Panchagarh, in Other Class Suit No. 7 of 1996 and allowing the appeal and setting aside the order dated 2-2-97 and upholding the order dated 1-10-96 and directing the parties to maintain status quo in respect of the suit lands. 2. The present petitioner being plai......er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102...Category: Property Law | Date: | Hits: 21
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....facts leading to the issuance of the Rule are, that the then Government of erstwhile East Pakistan granted lease of a piece of land measuring 10.88 kathas to M/S M Enam Elahi & Brothers, a family partnership firm amongst the Sons of late Haji Moula Bux by a registered indenture of lease deed dat......ent permitted Shamsur Rahman to continue as tenant in the case property. The notice dated 26-11-97 and 4-12-97 signed by Deputy Director Khondaker Showkat Husain were served in the interest of proper investigation in the matter because of the fact that complaints have been lodged with the Bureau of ..Category: Anti-Corruption Laws | Date: | Hits: 232
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....essary deeds of sale in favour of the plaintiff and defendant No. 3 or their nominated persons. 6. It was also agreed that the time limit mentioned in the contracts was cancelled by consent of the parties. 7. Pursuant to said understanding, on the date of the agreement and subsequently, by sig......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ..Category: Civil Law | Date: | Hits: 78
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
.... beyond reasonable doubt." 18. The evidence as adduced by both the prosecution and the defence is enough to show that the victim girl PW 2 willingly went with the accused appellant as a consenting party and that is why there was no hue and cry, no resistance put up by the victim girl, and the pro......used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35...Category: Criminal Law | Date: | Hits: 43
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
.... from the First Court of Additional Sessions Judge, Noakhali to Druta Bichar Tribunal, Chittagong. 2. In Writ Petition No. 6047 of 2003 the petitioner challenged the vires of the aforesaid law, in particular sections 5 and 6 thereof, and also challenging the aforesaid SRO transferring Double Moor...... is involved and we are therefore, pronouncing this single order, which shall govern both the writ petitions. 4. The petitioners are accused in two separate cases as already mentioned above. After investigation charge-sheets being submitted, the cases were sent for trial before the respective Cou..Category: Criminal Law | Date: | Hits: 50
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
....he order of Habib Bank. This witness categorically stated that by negotiation he meant receiving the documents, scrutinising the same, finding them in conformity with the LC, paying the amount to the parties and reimbursement. He could not say how they paid the party, that he did not remember the da...... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ..Category: Business or Commercial Law | Date: | Hits: 202
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....nder 13 DLR 119; Bhulu Rani Shaha and another vs. Pranballav Podder and another 5 BLC (AD) 122. Lawyers Involved: Md. Nurul Islam, Advocate-For the Petitioners. Not represented- the Opposite parties. Criminal Miscellaneous Case No. 6396 of 2003. Judgment Abdus Salam Mamun J.- This ......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ..Category: Criminal Law | Date: | Hits: 34
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
....of a case that the Court can have resort to section 540. The Court cannot use these powers to advance the cause of the prosecution or that of the defence and whenever it passes an order that puts one part in a position of advantage vis‑a‑vis the other, it commits an error of law to be struck dow......l purpose by wrapping a Gamcha over her mouth and thereafter they committed rape on her. Subsequently, the accused persons left her in the field, in a battered condition. 3. The police after usual investigation submitted charge-sheet against appellant under section 9(1), (3) of the Nari‑o‑Shi..Category: Criminal Law | Date: | Hits: 37
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....y of the Rule the petitioner No.1 sold the said vessel to subsequently been added in this Rule at his instance as co‑petitioner No. 2. 3. The short fact of the case is that, the petitioner No. 1 participated in an international tender for auction sale of vessel MV Alexandra. The said tender was......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11...Category: Fiscal/Taxation Law | Date: | Hits: 77
Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
....ia @ Habibur Rahman. 4. The case record was then sent to the Special Tribunal No. 1, Narshingdi, wherein the same was registered as Special Tribunal Case No. 40 of 1998. Thereafter, on hearing the parties charge was framed against the accused-appellant under section 25B of the Special Powers Act.......tated in examination‑in‑chief that on 31‑7‑1998 he received a written Ejaher along with seized goods and started a case as an officer‑in charge of the Police Station and filled up the first investigation report columns and proved the first investigation report Exhibit 3 and his signature E..Category: Criminal Law | Date: | Hits: 43
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
....ure. 2. The Court of first instance, which was affirmed by the court of appeal below, dismissed the suit on the finding that the same was barred by res judicata in that plaintiff as against the ex parte decree obtained by the defendant No. 1, herein opposite party, in Other Suit No. 15 of 1985 fi......4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ..Category: Civil Law | Date: | Hits: 66
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....nj in Title Appeal No. 60 of 1990 affirming the judgment and decree dated 30-4-90 passed by the Senior Assistant Judge, Narayanganj in Title Suit No. 91 of 1989 decreeing the suit. 2. The opposite party No.1 as plaintiff instituted a suit in the 4th Court of Assistant Judge, Narayanganj being Tit......ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90...Category: Employment/Service Law | Date: | Hits: 72
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....n, Deputy Attorney-General—for the Respondents. Writ Petition No. 2285 of 1998 Judgment Md. Monsurul Hoque Chowdhury J.- Supplementary affidavits filed on behalf of the petitioner be made part of the record. 2. This Rule Nisi was issued calling upon the respondents to show cause as to......2-93 to 1997-98 are without lawful authority and 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: 54 DLR (2002)7. ..Category: Fiscal/Taxation Law | Date: | Hits: 132
....output was put at 30,000 metric tons. It requires for its production raw materials from abroad. It says it will be obliged, each time it imports its raw materials from abroad, to divert a substantial part of its working capital for payment of customs duties and taxes. It, therefore, applied to the r......sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
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Category: Fiscal/Taxation Law | Date: | Hits: 108
Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)
....te Party No. 2 Syed Abu Kowser Deputy Attorney‑General‑For the State. Criminal Miscellaneous Case No. 3204 of 2002. Judgment MA Aziz J.- This Rule was issued calling upon the opposite party to show cause, why the proceedings of Chittagong Kotwali PS Case No. 49(11) 2001 dated 21‑11......tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ..Category: Civil Law | Date: | Hits: 83
....rosecution and justice and also to comply with the direction of this Hon’ble Court for expeditious trial and disposal of the case. It is stated that the petitioner was appointed for conduction of a particular case as a Special Public Prosecutor for which the petitioner acquired no legal right as n......ng the truth of the allegations of threat. On enquiry it was found that some cases were also filed by some of the witnesses of the Session case in question on the allegation of threat and upon proper investigation by the authority concerned the allegations were found false and in some cases, the app..
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....in Choudhury J.- This appeal is directed against the judgment and decree passed by the learned Subordinate Judge Feni in Money suit No. 01-1990 who by his judgment dated 31-1-1991 decreed the suit in part. 2. The short fact leading to this appeal is that the plaintiff instituted the suit alleging...... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75...Category: Civil Law | Date: | Hits: 72
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....ai Math in between Road 3 and Road 4 of Block A at Section No. 12 Mirpur Housing Estate under Police Station Pallabi Dhaka, was illegally converted into a community centre, under the impugned revised part 1/5 layout plan of Section 12, Block A approved by the Chief Engineer, Housing and Settlement D......aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ..Category: Environmental Law | Date: | Hits: 259
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