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Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)

....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......Mahajan, AIR 1994 SC 1775 and Abhinandan Jha Vs. Dinesh Mishra, AIR 1968 SC 117; Aftabur Rahman @ Jongi Vs. State, 45 DLR 593, Khandkar Mustaque Ahmed Vs. Bangladesh, 34 DLR (AD) 222, Lakshmanrao Vs. Judicial Magistrate, 1st Class, Parivati Puram, AIR 1978 SC 186. Gouri Shankar Jha (Supra) and Natbo......Vs. State and others ……………………………….Opposite Parties Judgment August 4, 2003. Cases Referred To- Gouri Shanker Jha Vs. State of Bihar, AIR 1972 SC 711; SK Dey Vs. Officer-in-charge Sukchi PS, AIR 1974 SC 871; Natobar Parida and others Vs. State of Urishaw, AIR 19..

Category: Criminal Law | Date: | Hits: 70

Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)

....impugned decision passed by the election tribunal is not amenable to the revisional jurisdiction of the High Court Division. This view is supported by the decision reported in 1989 BLD 173. A learned Senior Judge of this court while deciding the said decision considered large number of authorities o...... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ......s though he got 103 votes and his rival candidate, the present petitioner was shown to have got 100 votes though he got 97 votes and he complained before the Presiding officer and asked the Presiding Officer for recounting of the votes which was refused and the election was materially affected. The ..

Category: Election Law | Date: | Hits: 79

Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)

....f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ..

Category: Criminal Law | Date: | Hits: 72

State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......) to punish person giving false information respecting an offence with aforesaid object. 19. To bring home charges against condemned prisoners and convict-appellants prosecution relied upon: 1. Judicial confessional statement of Noor Alam who is, also, approver PW 6. 2. Evidence of PW 35 Me......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..

Category: Criminal Law | Date: | Hits: 69

Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)

.... partition suit. In support, he cited the cases of Faiz Ahmed Vs. Baktear Ahmed, 36 DLR (AD) 97 and Md. Musa and others Vs. Tajul Islam, 38 DLR 134. 5. On the other hand, Mr. Fazlul Karim, learned Senior Counsel, submitted that as the plaintiffs were being deprived of their share in the ancestral......der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ......der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ..

Category: Property Law | Date: | Hits: 69

Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)

....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......dia in Krishan Lal Vs. State of Haryana, AIR 1980 SC 1252 held: To go by obsolescent demands for substantial corroboration is to sacrifice commonsense in favour of an artificial concoction called "Judicial" probability. Indeed, the Court loses its credibility if it rebels against realism. The law......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...

Category: Criminal Law | Date: | Hits: 64

Abu Talukder Vs. State, 1999, 28 CLC (HCD)

....u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......learned Sessions Judge was justified in convicting and sentencing the accused appellant under sections 302/34 of the Penal Code. Findings and decisions: 7. PW 1 Dr. Kamrul Ahsan was the Medical Officer of Bhandaria Hospital at the relevant time. On 13-7-87 he examined injured Surat Ali Master..

Category: Criminal Law | Date: | Hits: 52

Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)

....of the Cod, of Criminal Procedure, was issued calling upon the Deputy Commissioner, Sunamganj and opposite party No.1 to show cause as to why the Special Case No.4 of 1997 now pending in the Court of Senior Special Judge, Sunamganj should not be quashed or any other orders be passed as this court ma......s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ...... No. 8258 dated 18-10‑1960 in which his father was shown purchaser of the property and the complaint's father was shown as a seller. On the basis of this document the accused applied to the Revenue Officer for mutation who instructed opposite party No.2 Haripad Roy, Tahsilder, to submit a report a..

Category: Criminal Law | Date: | Hits: 42

Sultan Mahmud Chowdhury Vs. Secretary, Ministry of Public Works and Urban Development & others, 2004, 33 CLC (HCD)

....ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 269. ......ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 269. ......working. He denied that the factory was running on the suit plot since 1984 and he deposed at the instance of defendant No. 7. 35. MA Rouf was examined as DW4. He stated that he was Administrative Officer of DESCO. A bill was issued from their company to the plaintiff of plot No. 108 for Taka 85,..

Category: Property Law | Date: | Hits: 73

Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)

....hibits 'Ka' and 'Kha'. 11. By the impugned order, learned arbitrator allowed the application in part and granted compensation in total of Taka 5,19,27,168.25. 12. Mr. Md. Rafiqul Islam, learned Senior Advocate, challenged the order on various grounds. 13. He submitted that when the gazette ......hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ......¦â€¦â€¦Appellant Vs. DC, Dhaka and another…………………………….Respondents Judgment March 4, 2004. Cases Referred to- Chimanlal Hargovindas Vs. Special Land Acquisition Officer, Poona, AIR 1988 SC 1652; Abdul Gafur Khan Vs. Bangladesh, 4.2 DLR (AD) 99; Bangladesh Vs. A..

Category: Property Law | Date: | Hits: 77

Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)

....h the case from the stage before discharging of the accused­-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......h the case from the stage before discharging of the accused­-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......h the case from the stage before discharging of the accused­-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ..

Category: Administrative Law | Date: | Hits: 223

Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)

.... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ...... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ......f PWs 5 and 6 recorded under section 161 of the Code of Criminal Procedure as disclosed in the aforesaid application under section 540 of the Code of Criminal Procedure attention of the Investigating Officer may be required to be drawn and, as such, he should also be recalled. The learned Tribunal J..

Category: Criminal Law | Date: | Hits: 48

Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)

..... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ...... been renewed upto 2002 and that he did never violate any terms and conditions of the licence at any time nor even disturbed public peace in any manner and that on 21‑10‑2002 respondent No.5 i.e. Officer-in-Charge of Natore Police Station, along with members of the combined force raided his hous..

Category: Criminal Law | Date: | Hits: 63

Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)

....aster to act as the constituted attorney of plaintiff Gumpada Chakraborty on the basis of the aforesaid power of attorney. 6. Against the aforesaid impugned order dated 17‑8‑1999 passed by the Senior Assistant Judge, Chandina the defendant petitioner moved this Court and obtained the present ...... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ...... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ..

Category: Property Law | Date: | Hits: 65

Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)

....No.2 asked the importer to assess the duty by adjustment at the rate of 1.4508 of the invoice value by impugned order dated 1‑3‑1999. Hence, the Rule. 3. Mr. AFM Mesbahuddin Ahmed, the learned Senior Advocate for the petitioner, submits that assessment of duty on the basis of tariff value, wa......rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ......rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ..

Category: Fiscal/Taxation Law | Date: | Hits: 78

M/S. OK International Vs. Commissioner of Customs & others, 2009, 38 CLC (AD)

............Appellant (In all cases) Vs. The Commissioner of Customs & others ..............Respondents (In all cases) Judgment March 19, 2009. Lawyers Involved: A. F. Hassan Arif, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Appellant (In all ca......sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122.......sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122...

Category: Fiscal/Taxation Law | Date: | Hits: 86

Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)

.... dated 29‑9‑1998. 4. By impugned order, the learned Subordinate Judge rejected both the applications and fixed 17‑1‑2001 for filing of written statement. 5. Mr. Khalilur Rahman, learned Senior Counsel giving the background of the case, submits that the compensation claimed in the suit ......Notwithstanding anything contained in any other law for the time being in force, where any of the parties to the arbitration agreement files a legal proceedings in a Court against the other party, no Judicial authority shall hear any legal proceedings except insofar as provided by this Act." (empha......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ..

Category: Alternative Dispute Resolution | Date: | Hits: 245

Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)

....dgment Md Imman Ali J.-In this revisional application under section 115(1) of the Code of Civil Procedure, the petitioner challenges the judgment and order No. 19 dated 1‑6‑1994 passed by the Senior Assistant Judge, Nesarabad, Pirojpur in Title Suit No. 2 of 1959 in the Court of Assistant Ju...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ..

Category: Property Law | Date: | Hits: 61

Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)

....sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ..

Category: Criminal Law | Date: | Hits: 54

Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)

....er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ......another may be considered. It has been held there by a Division Bench of Lahore High Court that any person Could bring to the notice of Court all illegality or material irregularity in the conduct of Judicial proceedings by invoking revisional powers of the High Court under section 439 of the Code o......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ..

Category: Criminal Law | Date: | Hits: 82