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Almgir Hossain and another Vs. State, 2012, 41 CLC (AD)
....fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ...... Result: Leave is granted. Lawyers Involved: Zainul Abedin, Advocate on Record - For the Petitioner (In both the cases). No one - For Respondents (In both the cases). Criminal Petition for Leave to Appeal Nos. 348 and 349 of 2009. (From the judgment and order dated 20th January, 20......fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ......etitioner (In Criminal Petition No. 349 of 2009) Vs. The State............................. Respondents (In both the cases) Judgment: February 12, 2012. Result: Leave is granted. Lawyers Involved: Zainul Abedin, Advocate on Record - For the Petitioner (In both the cases). ..Category: Criminal Law | Date: | Hits: 70
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......lodged an FIR with the Rawjan Police Station on the same day at about 8.30 p.m. against the appellant and two others. On the basis of a police report, the appellant and two others were put on trial before the learned Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No. 56 of......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ...... Muzammel Hossain J Surendra Kumar Sinha J Pulin Mahajan………Appellant Vs. The State…………… Respondent Judgment January 12, 2011. Result: The appeal is allowed. Lawyers Involved: A.K.M. Shahidul Huq, Advocate on Record - For the Appellant. Momtazuddin Fak..Category: Criminal Law | Date: | Hits: 81
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ......d that the building is a dilapidated one and the plaintiff intends to demolish the same and construct a new building on its site. Further case of the plaintiff is, that she requires the suit premises for the use and occupation of her son. Notice under section 106 of the Transfer of Property Act was ......suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ......…………Plaintiff Opposite Party Judgment June 26, 1997. Result: The Rule is made absolute. Case Referred to- Abdul Malek Miah Vs. Maya Debi and others, 1984 BCR (AD) 42. Lawyers Involved: Shahid Ahmed, Advocate - For the Petitioner. Oziullah, Advocate - For the Op..Category: Property Law | Date: | Hits: 64
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ......enior Assistant Judge, Sadar Dinajpur, in Other Class Suit No.325 of 1986 whereby the plaint of the suit was rejected under Order 7 rule 11 of the Code of Civil Procedure. 2. Short facts necessary for the disposal of the Rule are: Opposite party Abdus Sattar as plaintiff instituted a suit in ......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ...... Result: The Rule is discharged. Cases Referred to- Golam Kader and others Vs. Abdul Khaleque Chowdhury and others, 43 DLR (AD) 107; Noor Banu Vs. Noor Mohammad and others, 4 BLD (AD) 69. Lawyers Involved: Md. Marfat Ali, Advocate - For the Petitioner. Not Represented - For the Opp..Category: Property Law | Date: | Hits: 62
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
..... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ......E). 4. Thereafter, the respondent No.1 filed an application under section 15(2) of the Payment of Wages Act 1936 in the Third Labour Court, Dhaka claiming an amount of Taka 1,00,300.00 as gratuity for 20 years at the rate of two month’s wages for each completed year of service and Taka 11,340.0....... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ......…………Petitioner Vs. Tofazzal Hossain son of late Abdul Kader, Dhaka and others………………Respondents Judgment August 18, 1997. Result: The Rule is made absolute. Lawyers Involved: Shafique Ahmed with SK Siddique, Advocate - For the Petitioner. Mir Mahfuzur..Category: Labour and Industrial Law | Date: | Hits: 255
Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)
....and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ......onal Sessions Judge, Feni in Criminal Revision No.15 of 19 should not be quashed and set aside. The learned Additional Sessions Judge by the said order allowed the revisional application and directed for holding further inquiry in respect of GR Case No.105 of 1992 of the Court of the Magistrate, 2nd......and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ......dgment August 19, 1997. Result: The Rule is discharged. Cases Referred to- Amjad Hossain and others Vs. State and another, 16 BLD 111; Kashem Ali Vs. State & ors, 9 BLD (AD) 13. Lawyers Involved: ANM Gaziul Hoque with Zafar Ahmed, Advocates - For the Petitioners. Md. Nazr..Category: Criminal Law | Date: | Hits: 83
State Vs. Abul Hashem, 1997, 26 CLC (HCD)
.... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......Jail Appeal No.1944 of 1992. Judgment Mohammad Gholam Rabbani J.- Accused (1) Abul Kashem, (2) Abdul Malek, (3) Majid, (4) Harun-or-Rashid and (5) Jamaluddin (absconding) were placed on trial before the Court of Sessions Judge, Mymensingh, in Sessions Case No.102 of 1992. They were charged for...... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......…Petitioner Vs. Abul Hashem………………….Condemned Prisoner Judgment November 10, 1997. Result: Death References are rejected. Case Referred to- 8 BLD (AD) 109. Lawyers Involved: Syed Aba Kowser, Assistant Attorney-General - For the State (in both the Jail A..Category: Criminal Law | Date: | Hits: 66
Giasuddin (Md.) Vs. Eastern Co-operative Jute Society Limited and others, 1997, 26 CLC (HCD)
....order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15.......o-operative Societies and Arbitrator in Dispute Case No. 3 of 1992 (Industry) (Annexure G) shall not be declared to be illegal, without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner after placing the petition and other materials on record submitted that Arbitrato......order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15.......……Respondents Judgment June 25, 1997. Result: The Rule is made absolute. Case Referred to- Anand Prakash Vs. Registrar, Co-operative Societies, AIR 1968, Allahabad page 22. Lawyers Involved: Abdul Hamid Chowdhury, Advocate - For the Petitioner None appears - For the ..Category: Alternative Dispute Resolution | Date: | Hits: 156
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ......d is directed against an order being Order No.24 dated 26.10.92 passed by Senior Assistant Judge and Election Tribunal, Sadar, Sythet, in Election Tribunal Case No.3 of 1992 allowing an application for re‑counting. 2. It is the case of the petitioner that he along with respondents Nos. 1‑5 ......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ......8 DLR (AD) 275; PLD 1963 (SC) 704; R. Vs. Nat Bell Liquors Ltd, (1922) 2AC 128; Md. Hossain Munir Vs. Sekandar, PLD 1974 (SC) 139; R. Vs. Medical Appeal Tribunal ex parte Gilmore, 1957 1, QB. 574. Lawyers Involved: Khandker Mahbubuddin Ahmed, with Mirza Hossain Haider, Advocates ‑ For the Pe..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......East Bengal Vs. Dewan A Ali, 9 DLR 26; Secretary of State Vs. Mask & Co (PC), 67 IA at page 222; Abdul Rauf and others Vs. Abdul Hamid Khan and others, 17 DLR (SC) 515. Lawyers Involved: Lutfor Rahman Mondal, Advocate- For the Petitioners. SM Zillul Haque, Advocate‑For the Opposite Pa......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......……Petitioners Vs. Administrator, Farajikandi Complex and ors...................Opposite Parties Judgment May 27, 1992. Result: The Rule is discharged. Cases Referred to- Law Reports Appeal Cases 1969 Vol. II page 147; 34 DLR (AD) 222; AIR 1940 PC 105; Abdul Waheed Khan ..Category: Property Law | Date: | Hits: 47
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......ge Rangpur affirming those dated 18.7.85 in Other Suit No.20 of 173 by Subordinate Judge, Rangpur. 2. Facts giving rise to this Rule may briefly be put thus: Petitioner is the defendant in the aforesaid suit instituted by the opposite party as plaintiff for declaration of his title and interes......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......2. Result: The Rule is discharged. Cases Referred to- Mohori Bibi and another and Dhurmadas Ghose, Indian Appeals Vol. 30 page 115; Jasimuddin Khan Vs. Md. Ali Ashraf, 42 DLR (AD) 289. Lawyers Involved: Fazlul Karim with Kazi Anowar Hossain, Advocates ‑ For the Petitioner. SR ..Category: Property Law | Date: | Hits: 74
AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......0 of 1987. Judgment AM Mahmudur Rahman J.- This reference application under section 160(1) of the Income Tax Ordinance, 1984 is at the instance of assessee. In this application the assessee has formulated the following questions said two have arisen out of the order of the Appellate Tribunal f......we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......R Mudassir Hussain J AW Malik………………………Applicant Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka………………………….Respondent Judgment May 7, 1992. Lawyers Involved: Habibul Islam Bhuiyan, Advocate ‑ For the Applicant. Md. Moksudur Rahman, ..Category: Fiscal/Taxation Law | Date: | Hits: 110
Tozammel Hossain Vs. Fatema Khatun and others, 1991, 20 CLC (HCD)
....as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ...... Advocate ‑ For the Petitioner. No one ‑ For the Opposite Party. Civil Revision No.449 of 1984. Judgment AM Mahmudur Rahman J.- In this Rule a short but important question falls which for determination is whether a transferee of a premises can be added as a party in a suit for ejectm......as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......bedin Mokhtar, 29 DLR 214; Abdul Hafiz and others Vs. Syed Md. Kazem and another, 23 DLR 12; Sree Nath Paul Vs. Sachindra Kumar Bashu and others, 20 DLR 97; Jamaluddin Vs. Rabeya Begum, 32 DLR 63. Lawyers Involved: Shahid Alam, Advocate ‑ For the Petitioner. No one ‑ For the Opposite Pa..Category: Property Law | Date: | Hits: 49
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
.... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......l, Nurul Islam alias Nuru under section 4(b) and 4(c) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (Ordinance LX of 1983) and sentencing each of them to suffer rigorous imprisonment for 14 years and to pay a fine of Tk. 10,000.00 each, in default to suffer rigorous imprisonment for...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......ore) 507; Mumtaz Ahmed Khan Vs. State, 19 DLR SC 259; Abdul Karim Vs. State, 1981 BLD 200; Hazrat Ali and others Vs. State, 1984 BLD 257; 22 DLR 279; Mahitullah and others Vs. State, 1983 BLD 277. Lawyers Involevd: Majibur Rahman, Advocate with MA Jabbar, Advocate ‑ For Appellants. M Sham..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ...... three Rules were issued at the instance of the same petitioner Md. Wahiduzzaman against orders passed on behalf of Bangladesh Inland Water Transport Authority in a chain of connected events and therefore they are being disposed of by a single judgment. 5. In Writ Petition No.54 of 1988 Rule was ......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ......Establishment Division, Government of Bangladesh and others, 29 DLR 10; Fazlur Rahman Vs. Rajab and others, 30 DLR (SC) 30; Manager Personal Division Vs. Md. Sazahan Miah and others, 35 DLR 224. Lawyer Involved: Abdul Baset Majumder, Advocate ‑ For the Petitioner. Dr. Rafiqur Rahman, Ad..Category: Employment/Service Law | Date: | Hits: 116
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ......e No. 38 of 1976 should not be declared to have been made without lawful authority and to be of no legal effect. 2. The petitioner’s case is that on 9-2-1975 one AK Mohammad Ali lodged a First Information Report with Bogra Police Station against 13 persons including the petitioner alleging, int......e at Bhadaikandi. At the time of the alleged occurrence of 8-2-75 the petitioner was posted at the Army Head Quarter as a gunner in the Artillery Division and because of the emergency declared by the Martial Law Authority he was not allowed to leave his station and, as such, had no knowledge about t......bul Vs. The Government of Bangladesh, Civil Appeal No.5 of 1996; Bangladesh Vs. Shahjahan Siraj, 32 DLR (AD) 1; State Vs. Imdad Ali Bepary, 36 DLR 333; State Vs. Zahir and others, 45 DLR (AD) 163. Lawyers Involved: ANM Gaziul Haque with Zafar Ahmed, Advocates - For the Petitioner. Bazlur Ra..Category: Criminal Law | Date: | Hits: 79
Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ...... authority and of to legal effect. 2. Rule in Writ Petition No.3071 of 1992 was issued at the instance of the petitioner MEB Steel Complex Limited calling upon the respondent to show cause in the aforesaid terms for rejecting petitioner’s claim for refund of Taka 63,67,503.00 vide similar order......oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ......, AIR 1973 (SC) 1300; Shiv Shanker Dal Mills Vs. State of Haryana and others, AIR 1980 (SC) 1037; Khardah and Company Limited Vs. Union of India and others, 1983 ELT 2159 (Cal); AIR 1949 (PC) 297. Lawyers Involved: Mainul Hosein with Mozammel Huq, Advocates - For the Petitioner (in both cases)..Category: Fiscal/Taxation Law | Date: | Hits: 164
Afzal Miah and others Vs. Abdul Halim Gazi and others, 2011, 40 CLC (AD)
....as per voter list published including those 672 voters of Uttar Kistakathi. This petition is disposed of with the above observations. Ed. This Case is also Reported in: VIII ADC (2011) 824. ......-For Respondent No.1. M.K. Rahman, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No.3. Not represented- For Respondent Nos. 2 & 4-9. Civil Petition for Leave to Appeal No. 463 of 2011. From the judgment and order dated 23.1.2011 passed by the Hi......as per voter list published including those 672 voters of Uttar Kistakathi. This petition is disposed of with the above observations. Ed. This Case is also Reported in: VIII ADC (2011) 824. ...... Mahmud Hossain J Afzal Miah and others...................Petitioners Vs. Abdul Halim Gazi and others…….....Respondents Judgment March 15, 2011. Result: Leave is granted. Lawyers Involved: M. Amir-ul-Islam, Senior Advocate, instructed by Mrs. Mahmuda Begum, Advocate-o..Category: Election Law | Date: | Hits: 172
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....eration of section 3 of the Act 1947, the province of Bengal as constituted under the Act, 1935 ceased to exist, and two new provinces known as East Bengal and West Bengal were constituted. 6. The Proclamation of Independence of Bangladesh, dated (10th April 1971, which is deemed to have come int......, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. (In Civil Petition No.1891 of 2010.) None represented-For the Respondents. (In both the cases) Civil Petition for Leave to Appeal Nos. 1847 and 1891 of 2010. (From the judgment and order dated the 12th and 1......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ......ner (In Civil Petition No.1891 of 2010) Vs. Md. Badiuzzaman and others.......................Respondents (In both the cases) Order March 3, 2011. Result: Leave is granted. Lawyers Involved: Mahbubey Alam, Attorney General with Murad Reza, Additional Attorney General Ko..Category: Constitutional Law | Date: | Hits: 219
Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)
.... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ......ing to GR Case No.12/90. The learned Sessions Judge found the accused appellant guilty of the offence under sections 395/397 of the Penal Code and convicted him the rounder and sentenced to suffer RI for 7 years and a fine of Taka 5000.00, in default to suffer RI for another 1 year more. The learned...... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ......ents Judgment January 16, 1997. Result: The appeal is allowed. Cases Referred to- (1982) 3 Supreme Court Cases at page 38, 41 DLR 32; 19 DLR 662; 29 DLR 355; AIR 1964 (All) 290. Lawyers Involved: Syed Ziaul Karim with Md. Khurshid Alam Khan, Md. Salauddin Talukder, Syeda Mai..Category: Criminal Law | Date: | Hits: 80
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