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Md. Talebuddin (Taleb) Vs. State, 2009, 38 CLC (AD)
.... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ...... Court accepted the death reference and dismissed the appeals filed. 3. We have heard the learned counsel and perused the impugned judgment and order of the High Court Division and other connected papers. 4. The learned counsel for the petitioner submitted that apparently it is case of revenge......oynul Abedin J Md. Talebuddin (Taleb)...................Petitioner Vs. The State..............................Respondent Judgment February 3, 2009. Cases Referred To- Om Prakash and others Vs. The State of Uttar Pradesh, 1983 AIR (SC) 43; Apren Josheph Vs. The State of Kerala 1...... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ..Category: Criminal Law | Date: | Hits: 33
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431....... present petitioner has filed this petition for review. 13. Heard Mr. Ajmalul Hossain, the learned Counsel appearing for the petitioner and perused the petition and the impugned judgment and other papers on record. 14. The learned Counsel submits that this Division erred in law apparent on the......mad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Hague J Md. Muzamnel Hossain J Surendra Kumar Sinha J Mahmudul Huq.................................Petitioner Vs. Mostafa Kamal and others.....................Respondents Judgment February 28, 2010. Lawyers Involved: ......ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431...Category: Others | Date: | Hits: 81
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
.... the identity of the accused whom the witness identified at the jail. For this purpose the best evidence will be that of the Magistrate who conducted identification, and his evidence will be strictly relevant under the provisions of the Evidence Act." 24. It has been pointed out by Mr. Zahiru......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ............Appellant Vs. The State...............Respondent Judgment January 11, 1988. Result: The appeal is allowed. Cases Referred to- Haripada Devenath and another Vs. The State,19 DLR (Dhaka) 573; State Vs. Jatindra Kumar Sulradhar alias Dhan, 20 DLR ......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ..Category: Criminal Law | Date: | Hits: 49
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ......ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ......t No. 2. Appeal from Original Order No. 227 of 1987 Judgment Mustafa Kamal J.- This First Miscellaneous Appeal has been preferred under Article 36(1) of the Bangladesh Legal Practitioners and Bar Council Order, 1972 (P.O. No. 46 of 1972) against the judgment and order dated 5.7.87 pass......li Bank, Main Branch, Jamalpur as P.W.2. The appellant examined himself as D.W.1 and he also adduced 2 other witnesses, D.Ws. 2 and 3. All the witnesses were cross-examined by the other side. Several documents were exhibited by both parties. 4. The said Tribunal discussing the entire case and evi..Category: Others | Date: | Hits: 72
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....ke out any case for reception of additional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165.......or the death certificate of Meser from Assam and any paper, if available there, to show that Meser's widow was still alive. As such petitioner No.7 Mohammad Seraj Miah went to Assam and procured some papers. There is absolutely no averment and no material either to show that the petitioners exercise......For Opposite Party Nos. 12 & 13. Civil Rule No. 335(F) of 1984 with Civil Rule No. 11(F) of 1985. Judgment Mustafa Kamal J. - These Rules call upon the plaintiff opposite party Nos. 1-3 and 12-13 to show cause why the judgment dated 7.12.82 passed in F.A. No. 32 of 1967 by this Divisio......e plaintiff respondents in the partible property will be reduced to an appreciable extent. 10. The petitioners contend that except the certified copy of the sale deed they produced all the other documents before the Appellate Division during the hearing of the Civil Petition, but their Lordship..Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
....cree. It is not disputed that the said Shamsu Ghani is succeeded by his two sons, plaintiffs Nos. 1 and 2, and widow, plaintiff No.3 but it has been admittedly taken over as abandoned properly by the relevant authority. 11. Ext. 13 in Title Suit No. 111 of 1975 is a notice issued from the office ......property, in Case No. 33/74-75 who directed the plaintiffs and their tenants to surrender possession by a notice dated 16.1.75. The plaintiffs submitted a show cause where they have submitted all the papers but without proper consideration of those, defendant No.2 treated the suit property as abando......epresented - the opposite party. Civil Revision No. 45 of 1987. Judgment Anwarul Huq Chowdhury J. - This Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against the Judgement and decree dated 28.12.1983 passed by the learned Additional...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ..Category: Property Law | Date: | Hits: 36
....his petition for leave to appeal is directed against the judgment and order dated 27th October, 2008 of a Single Bench of the High Court Division in Civil Revision No. 1802 of 2008.
2. Short facts relevant for disposal of this petition are that the respondent No.1 (plaintiff) instituted Other Cla......d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
......
Shah Abu Nayeem Mominur Rahman J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Kamaluddin Ahmed Sarwar alias Alhaj Kamaluddin Sarwar being dead his heirs Hasina Banu and others..........................................Petitioners
Vs.
Mohammad Shahjahan and ano......d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
..
Category: Procedural Law | Date: | Hits: 68
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ments of this court. We may refer the case of Abdul Latif Mirza (now a law maker) Vs. Government of Bangladesh, reported in 31 DLR (AD) 1 wherein their Lordships held that the vague, indefinite and irrelevant grounds will render the order of detention invalid. 14. In the case of Ranabir Das Vs. T......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189....... Court High Court Division (Special Original Jurisdiction) Present: MA Aziz J Md. Shamsul Huda J Azimul Kabir (Md)……………..Petitioner Vs. Government of Bangladesh and others…………………. Respondents Judgment August 1, 2001. Cases Referred To- ......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189...Category: Criminal Law | Date: | Hits: 45
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....t of land. But such decree does not ipso facto result in the splitting of holding along with the jama till such subdivision of the holding and distribution of the rents takes place in accordance with relevant provisions of the Bengal Tenancy Act or State Acquisition and Tenancy Act as the case may b......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J SM Nasirul Haque…..……………Petitioner Vs. Omar Faruque Chowdhury and others ………Opposite Parties Judgment December 3, 2001. Cases Referre......re raised of which the moot issue was whether the preemptor is a co-sharer in the disputed jote. 10. One witness each was examined on behalf of the preemptor and opposite party No.1. Number of documents was produced by both the parties, which were marked as exhibits. 11. The learned Su..Category: Property Law | Date: | Hits: 39
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....cused persons who assaulted him or that Chanu took him to the land of Megha when, Baniz ordered to assault him. 17. PW 11 Inspector Farid Uddin Ahmed was the Officer-in-Charge of Delduar PS at the relevant time and he investigated the case after Inspector Jane Alam. He recorded statements of the ......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ...... High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Matin J Md. Marzi-ul Huq J State……......................................Appellants Vs. Kabel Molla and ors………………………...Condemned Prisoners Judgment July 27, 2002. Cases Refe......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ..Category: Criminal Law | Date: | Hits: 36
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....to give a chance to the plaintiff-petitioners for hearing on the objection against the report of the Advocate Commissioner and after hearing will pass necessary order. The trial Court may expunge the relevant portion of the report about possession and may direct the Advocate Commissioner to resubmit......as accepted after hearing objection and in the present case the report was accepted without hearing any objection from the side of the plaintiff-petitioners. 11. I have examined the record and the papers available in the record. In Title Suit No.79 of 1998 in the 2nd Additional Court of Assistant....... Ed. This Case is also Reported in: 54 DLR (2002) 178. ......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ..Category: Property Law | Date: | Hits: 28
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
....erred in law is decreeing the suit of the plaintiff for maintenance. 6. I have heard the learned advocates for both the parties at length and perused the judgment of the courts below and the other relevant materials on record. 7. From the above stated facts it is evident that in this Rule the ...... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175.......r the Petitioner, Md. Korban Ali, Advocate— For the Opposite Party. Civil Revision No. 693 of 2000. Judgment Nazmun Ara Sultana J.- This Rule was issued calling in question the judgment and decree dated 28-9-1999 passed by the Additional District Judge, 7th Court, Dhaka, in Family Appe...... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175...Category: Family Law | Date: | Hits: 186
....ne the question whether the assessee can claim exemption of tax under the aforesaid provision of law. In order to appreciate the question that have been raised in these two reference applications the relevant clauses of the object clause of the Memorandum of Association need to be reproduced. In cla......mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168.......d. Awlad Ali J.- These two reference applications at the instance of the Micro Industries Development Assistance Society (MIDAS), (hereinafter called the Society) being Reference Application No. 8/97 and Reference Application No. 9/97 arise out of the order dated 16-3-95 in ITA No. 791 of 1992-93 an......mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168...
Category: Fiscal/Taxation Law | Date: | Hits: 65
Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
....d. The name of parties in the bunch of cases are Md. Ayub and others Vs. Collector of Customs and others in Writ Petition Nos. 1495 of 1996 and others. 10. In another decision reported in 4 BLC 85 relevant page 99 in para 62 [Rahmania Vanaspati Product Ltd. Vs. Collector of Customs], Lordships ha......r arrival of the goods, the clearing Agent of the petitioner submitted the bill of entry for releasing the goods’ after assessment of customs duty at the aforesaid rate of the value as shown in the papers and documents of the petitioner importer. But the respondent No.3 by his order dated 6-5-95 d......vision (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Mirza Hussain Haider J Sew Bishar Prasad….……………Petitioner Vs. Collector of Customs, Chittagong and others…………..Respondents Judgment July 11, 2001. Cases Referred to- Russe......f the goods, the clearing Agent of the petitioner submitted the bill of entry for releasing the goods’ after assessment of customs duty at the aforesaid rate of the value as shown in the papers and documents of the petitioner importer. But the respondent No.3 by his order dated 6-5-95 directed the..Category: Fiscal/Taxation Law | Date: | Hits: 83
....ioners written objection in Title Suit No. 1 of 1999 (under section 14(2) of the Arbitration Act, 1940) to make opposite party No. 2’s award dated 19-9-1998 the Rule of the Court.
2. Short facts relevant for the purpose of disposal of this Rule are, that an agreement dated 12-11-1997 was execut......es of the filing of the award. We have earlier stated that at the instance of Mr. Md Mahbubey Alam original records were called for and wherefrom it that the plaintiff has filed all the documents and papers by way of a firisti containing as many as 40 (forty) papers and documents. In this connection......eme Court
High Court Division
(Civil Revisional Jurisdiction)
Present:
Md. Fazlul Haque J
NK Chakravartty J
Rajdhani Unnayan Kartripakkha (RAJUK)...... Petitioner
Vs.
MN Alam and Associates Ltd. and another………..Opposite parties
Judgment
November 18, 2001.
Ca...... under section 14(2) of the Arbitration Act. 1940 the suit is not maintainable in its present form on the ground that the plaintiff did not file signed copy of award together with any depositions and documents which may have been taken and proved before them to be filed in Court, and the Court shall..
Category: Alternative Dispute Resolution | Date: | Hits: 196
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......ction Ltd Vs. Chairman, 2nd Labour Court reported in 28 DLR 365 and Ezhar Ali Mondol Vs. Golam Rasul 45 DLR 653. Here in the instant case the respondents have claimed that the impugned memo and other papers annexed are only circulars they are administrative act and cannot be said to act of legislatu......Division (Special Original Jurisdiction) Present: K M Hasan J Md. Abdul Quddus J Barrister Ziaur Rahman Khan………………………Petitioner Vs. Government of Bangladesh and others……………respondents Judgment November 28, 1999. Cases Referred To- A......l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ..Category: Administrative Law | Date: | Hits: 462
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
....ent Nos. 2 to 7 was valid. With regard to affixing of requisite stamps on the instrument of transfer, which is admittedly not done the learned Advocate submits that non-payment such stamp duty at the relevant time of transfer could not render the transfer invalid as the instrument of transfer in thi...... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ...... December 11, 1999. Cases Referred To- 1977 Company Cases. (Vol.47) SC 185, 1978 Company Case (Vol. 48) 558; 1993 Company Cases (Vol.77) 97; 43 DLR 329; Mannelal Khetan Vs. Kedar Nath Khatan and others, Company Cases (Vol.47) SC 185. Lawyers Involved: Rafique-ul-Huq with Kh Mahbubuddi...... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ..Category: Company Law | Date: | Hits: 203
Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)
....affirming the order dated 5-2-98 passed by the Assistant Judge and Family Court, Kutubdia Sadar in Family Suit No.3 of 1994 rescheduling payment of the decretal dues by instalments. 2. Short facts relevant for the purpose of the case are that, the opposite party as plaintiff instituted a suit in ......he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ......r Gopal Saha J Alamgir (Md)……………………… Petitioner Vs. Habea Begum ………………………..Opposite Party Judgment August 19, 1999. Lawyers Involved: Subash Chandra Saha, Advocate—For the Petitioner. Md Abu Bakkar Siddique, Advocate—For the Opposite Pa......he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ..Category: Family Law | Date: | Hits: 155
....ther the meter is or is not correct or it is inherently defective or faulty in not recording correctly the electricity consumed, with a view to resolve such a dispute, it is necessary to consider the relevant provisions of sub-section (1) and (6) of section 26 of the Electricity Act, 1910. The said ......cable to those bills. The Task Force further stated in the said report that the demeanour of the petitioner for its non-cooperation in holding the inquiry and refusal to put signature in the relevant papers may give rise to concoction as to its involvement in the alleged tampering with the meter in ......m J
Afzal Hossain Ahmed J
Modern Cold Storage Ltd ..................................................................... Petitioner
Vs.
Secretary, Ministry of Energy & Mineral Resource and others…....................…Respondents
Judgment
May 24, 2006.
Cases Referred To-
......and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690...
Category: Others | Date: | Hits: 131
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
.... in its inherent jurisdiction. 28. So far the argument advanced by the learned Deputy Attorney-General is concerned, it appears that the question of the identity of the property is not at all relevant where the provision of section 195 (1)(c) of the Code of Criminal Procedure, is applicable.......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......man J.- The accused petitioner, Abdur Rahman, obtained this Rule on 4-2-2001, under section 561A of the Code of Criminal Procedure, calling upon the informant opposite party No. 1 Shankar Sen Gupta and the Deputy Commissioner, Chittagong, to show cause as to the legality and propriety of the proce...... Sen Gupta as defendants praying for Specific Performance of Contract dated 18-8-1996. It further appears from Annexure-D(2), which is the certified copy of the firisti form related to filing of some documents in Other Class Suit No, 49 of 1998, pending in the Court of Subordinate Judge, First Court..Category: Criminal Law | Date: | Hits: 43
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