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Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
....lly belonged to Sree Sree Laksmi Narayan Thakur, the C.S. recorded owner, and the said land was transferred in normal course in favour of M/S. Rally Brothers, a renowned jute trader, and subsequently some temporary sheds were erected thereon for use of the labourers and then in the year 1326 B.S. th......ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ......ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ......ivil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Anowar Hossain and others..................Petitioners Vs. Bangladesh Jute Corporation and others..............Category: Property Law | Date: | Hits: 58
Abdur Rashid Vs. Afzal Gazi and others, 2010, 39 CLC (AD)
....Md. Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 16.08.2009 passed by the High Court Division in Civil Revision No.556 of 2006 making the Rule absolute by setting aside the judgment and decree dated 29.11.2005 passed by the learned Joint Distric......on was right in setting aside the judgment of the Appellate Court below. We find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4.......on was right in setting aside the judgment of the Appellate Court below. We find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4.......d. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Abdur Rashid.........................Petitioner Vs. Afzal Gazi and others...............Respondents Judgment May 3, 2010. Lawyers Involved: Abdul Quiyu..Category: Property Law | Date: | Hits: 57
Abdul Majid Pramanik and others Vs. Md. Sorhab Ali and others, 2010, 39 CLC (AD)
....of 2009. (From the judgment and order dated 6.8.2009 passed by the High Court Division in Civil Revision No. 3069 of 2008.) Judgment Surendra Kumar Sinha J. - Petitioners who are pre-emptors sought leave to appeal from the judgment and order dated 6th August, 2.009 of a Single Bench of the ......mission of Mr. A.F.M. Mesbahuddin, learned Senior Counsel, appearing for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 1.......mission of Mr. A.F.M. Mesbahuddin, learned Senior Counsel, appearing for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 1.......il) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Abdul Majid Pramanik and others ..........................Petitioners Vs. Md. Sorhab Ali and others .................Category: Property Law | Date: | Hits: 54
Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
.... learned Munsif, Feni (now Assistant Judge) for partition of the suit properties stating, inter alia, that the Suit property belongs to Monsur Ali who died leaving behind Bonde Ali and Rahim Box, two sons who owned the property in equal shares of 8 annas each and that Rahim Box died leaving son Kona......rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......ismissed. 4. The further case of the defendant was that without filing the suit for declaration the present Suit for partition simpliciter was not maintainable. 5. After hearing the parties the trial Court by the judgment and decree dated 30-9-85 decreed the suit in favour of the plaintiff and......se is also Reported in: 51 DLR (HCD) (1999) 28. ..Category: Property Law | Date: | Hits: 59
Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)
....e night following 12-11-1991 while he along with his father and other brothers were away at the beel to catch fish and taking advantage of the absence from house, Azizul Pramanik and other accused persons broke open the door of their house and kidnapped his newly married sister, Meherjan aged about ......e Government. Section 4 reads as follows: 4. Nikah Registrars.- For the purpose of Registration of Marriages under this Act, the Government shall grant licences to such number of persons, to be called Nikah Registrar, as it may deem necessary for such areas as it may specify: Provided that ......ent ABM Khairul Haque J. - This Rule was issued at the instance of the petitioner calling upon the Deputy Commissioner, Rajshahi, to show cause as to why the Order dated 28-9-92 fixing the date of trial on 24-10-92 in respect of the petitioner without obtaining sanction from the Government should......t, one Md. Ali Baksh Pramannik lodged a first information report with the Tanore Police Station on 18-11-91 alleging, inter alia, that on the night following 12-11-1991 while he along with his father and other brothers were away at the beel to catch fish and taking advantage of the absence from hous..Category: Criminal Law | Date: | Hits: 50
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....n such basis is without any lawful authority. 2. The petitioner, a firm, carries on business of import of Caustic Soda. It opened Letter of Credit on 21-1-1998 for importing 350 MT of Caustic Soda solid and 150 MT of Caustic Soda Flakes at the rate of US$ 250.00 per metric ton and 260.00 per metr......ovision of law vis-a-vis the Registration Import Particular Scheme we do not find any want of authority on the part of the respondent to assess the duty on the basis of tariff value. Secondly, we are called upon to decide whether the petitioner is entitled to the benefit under Import Particular Regi......For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ......h Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Muzammel Hossain J Friends Corporation….…………..Petitioner Vs. Commissioner of Customs and others……. Respondents Judgment June 23, 1998. Lawyers Involved: AF Hasan Ari..Category: Fiscal/Taxation Law | Date: | Hits: 84
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
....n 14.11.1988 and initially it was numbered as Civil Revision No.627 of 1988. Subsequently it was renumbered as Civil Revision No.8346 of 1991, possibly on transfer from Rangpur Bench, although the reason for such renumbering is not recorded. Today it is posted in the cause list and called for hearin......uently it was renumbered as Civil Revision No.8346 of 1991, possibly on transfer from Rangpur Bench, although the reason for such renumbering is not recorded. Today it is posted in the cause list and called for hearing, but no one appears for either of the parties. In view of the matter pending for ......e had willingly executed the deed of Heba-bil-Awaj in presence of the witnesses, and had full knowledge and understanding of the contents of the deed in question. 5. On the aforesaid pleadings the trial Court framed issues mainly on maintainability, limitation, res judicata, and also on the point......l Jurisdiction) Present: Md. Ruhul Quddus J Md. Chinimuddin Malitha ... ………………Petitioner Vs. Rahejan Bibi since deceased substituted by her legal heirs Md. Sukur Ali Shaikh and another ... ……………Opposite Parties Judgment January 2, 2011. Lawyers Involved..Category: Property Law | Date: | Hits: 54
Md. Azizul Islam Vs. State, 2011, 40 CLC (HCD)
.....05.2010 one Md. Mansur Ali filed a petition of complaint in the Court of Ist. Class Judicial Magistrate, Khansama, Dinajpur alleging, inter alia, that on 8.5.10 out of previous enmity the accused persons as named in the FIR being armed with deadly weapons like lathi, iron rod, chopper, knife etc. c......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......advocate further submits that the victim might have been killed of the negligence of the doctor as well as the petitioners involvement in this case appears to be doubtful. He further submits that the trial is delayed for no fault of the petitioner and as such he may be enlarged on bail. The lear......named in the FIR being armed with deadly weapons like lathi, iron rod, chopper, knife etc. confined the informant’s son Aminur near the shop of accused No.15; that on the order of the accused Nos.1 and 3, the accused No.7 with iron rod gave blow on the joint of knee of Aminur; that accused No.6 ga..Category: Criminal Law | Date: | Hits: 40
Md. Shahjahan and others Vs. State, 2010, 39 CLC (HCD)
....for the petitioners and are inclined to enlarge the petitioner No.1 on bail and confirmed the ad-interim bail of petitioner No. 2. We find merits in this rule. 7. In the result, the rule is made absolute and the impugned order dated 25.1.2010 passed by the learned Metropolitan Sessions Judge, D......erty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in:......may find bail on furnishing bail bond subject to the satisfaction of the learned Special Sessions Judge, 5th Court, Dhaka and the ad-interim bail of petitioner No.2 Md. Karim is hereby confirmed. The trial court however, is at liberty to cancel the bail, if the accused petitioners misuse in any way ....... AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 43
Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)
....sued on her application under Article 102 (2)(b)(i) of the Constitution of the People's of Bangladesh calling upon the respondents to show cause as to why her husband the detenu Md. Solim Ullah Solu, son of late Al-haj Chinu Miah should not be brought before this Court so that it may satisfy, itself......any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224.......any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224....... Huq J Shahina Begum...................................................Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and others……………………………………....Respondents Judgment February 9, 2003...Category: Criminal Law | Date: | Hits: 55
Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)
....uty Attorney-General with Saifuddin Md. Aminur Rahim, Assistant Attorney-General-For the state. Criminal Appeal No. 31 of 2001. Judgment Md. Abdur Rashid J.- This appeal was presented by the sole appellant Badal Kumar Paul under section 410 of the Code of Criminal Procedure against judgment......ild or is cultivated, of course, in secret in and around the south and east of Afghanistan popularly known as the Golden Crescent and in the land blocked area surrounded by Myanmar, Thailand and Laos called Golden Triangle. Poppy is a wild or cultivated plant with large, often bright red, flowers, w......r Police Station Chougacha, Jessore, The police seized the Phensidyl and mufflers in presence of witnesses and arrested the appellant and lodged a FIR under aforesaid section of the Act. 3. In the trial, the appellant along with co-accused Nowsher Ali were charged under sections 19(1) Table 3 (à¦......iminal Appeal No. 31 of 2001. Judgment Md. Abdur Rashid J.- This appeal was presented by the sole appellant Badal Kumar Paul under section 410 of the Code of Criminal Procedure against judgment and order dated 13‑11‑2000 passed by the Sessions Judge at Jessore in session case No. 39 of 199..Category: Criminal Law | Date: | Hits: 90
....term and suspended expulsion for further 2 terms.
6. Common case of the petitioner of respective Rules is that, following an incident in the course of test examination and expulsion of an examinee some further incidents had taken place involving some student demonstration. Thereafter, notices dat......dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563....... authority. He further submitted that there is no requirement of law to examine witness in presence of the delinquent student or give him an opportunity to cross-examine such witness as required in a trial of a case before the criminal Court.
16. It is not denied that some unhappy incidents took ......se is also Reported in: 51 DLR (1999) 563...
Category: Others | Date: | Hits: 116
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
...., AIR 1936 P.C. 141, (1852) 8 Moo P.C. 47, Pritom Pal V. High Court of Madya Pradesh, AIR 1992 SC. 904, Sukhdev Singh Sodhi, (AIR 1954 SC 186), R.L. Kapur, (AIR 1972 SC 858), Delhi Judicial Service Association V. State of Gujarat, (1991) 4 SCC 406, (1991 AIR SCW 2419), S.K. Sarkar V. Vinay Chandra M......f the Queen, even though a subject or corporation has the benefit of the Court, as in the case of borough and city Courts of record. The proceedings of a Court of record preserved in its archives are called records, and are conclusive evidence of that which is recorded therein." 19. Corpus Juris ......zure of things considered necessary for the investigation; and (g) formation of the opinion as to whether on the materials collected there is a case to place the offender before a competent Court for trial. If the suspected offender is not interrogated independently, and in case of necessity taking ......esent: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Riaz Uddin Khan, Advocate and another………………………………. Petitioners. Vs. Mahmudur Rahman and othersâ€..Category: Criminal Law | Date: | Hits: 164
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....arantee which the defendant petitioner signed in connection with the loan for Beximco Food Ltd. and that kept with the bank and that the plaintiff may use the said documents in the instant suit. He also submits that in view of petitioner’s application that was filed on 5- 10-1994 learned Subordina......en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ......ervice of copy on the defendant No.6 is of no merit, that the contention that has been raised in the writ petition is a disputed question of fact and that same is a matter for are adjudication by the trial Court after consideration of the evidence that would be produced by the respective parties; th......ion (Special Original Jurisdiction) Present: Md. Ruhul Amin J Surendra Kumar Sinha J MA Qasem…………………………….Petitioner Vs. Subordinate Judge, Artha Rin Adalat and others…………………Respondents Judgment November 22, 1999. Cases Referred To- ..Category: Civil Law | Date: | Hits: 90
....CT computed income from remuneration business and agriculture at Taka 83,339.00 and further added a sum of Taka 2, 80,000.00 to the total income under section 19 of the Ordinance as income from other sources. While considering the wealth statement, the DCT found an increase in wealth of Taka 2, 48,9......ented— the Respondent.
Income Tax Reference Application No. 69 of 1992.
Judgment
Syed Amirul Islam J. - This is a reference under section 160 of the Income Tax Ordinance, 1984, hereinafter called ‘the Ordinance.’ The applicant being Income Tax Assessee of Intelligence and Investigatio......ion raised in this reference is answered in the negative and in favour of the assessee applicant.
There will be no order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 338.......nal Jurisdiction)
Present:
Syed Amirul Islam J
Shah Abu Nayeem Mominur Rahman J
Serajul Hoque………………………………..Applicant
Vs.
Commissioner of Taxes, Intelligence and Investigation Zone Dhaka …………Respondent
Judgment
August 18, 1999.
Lawyers Invol..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
....from the local Sonali Bank through Bangladesh Rural Development Board, Rajbari during the financial year 1985-86. The Rural Development Board of Rajbari allowed the aforesaid prayer of the accused persons and secured for them a loan of Taka 35,872.30 from Sonali Bank. It was further alleged that Kus...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335.......ed charge sheet against the accused persons under sections 409/420/109 of the Penal Code read with section 5(2) of Act II of 1947. 4. Upon the aforesaid allegations the accused persons were put on trial before the learned Special Judge, Court No. 2, Rajbari to answer charges under section 409 of ......pondent. (In both the appeals) Criminal Appeal No. 1000 of 1995 with Criminal Appeal No. 729 of 1995. Judgment Gour Gopal Saha J.- These two appeals are directed against the judgment and order dated 24-4-95 passed by the Special Judge, Court No. 2, Rajbari in Special Case No.13 of 1..Category: Criminal Law | Date: | Hits: 43
Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)
.... dated 11-3-86 passed in GR case No.311 of 1985 convicting accused petitioner Jamal Uddin alias Md. Jamal Uddin under section 279 of the Penal Code and sentencing him thereunder to suffer simple imprisonment for 6 months and further convicting him under section 304B of the Penal Code and sentencing ......e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......y in the unmetalled portion of the road. 3. The police after usual investigation submitted charge sheet against the accused petitioner Jamal Uddin under sections 279/304B of the Penal Code to sand trial before the Court. 4. Upon the aforesaid allegations accused petitioner Jamal Uddin was put ......€”the Petitioner. FKM Ahsan Mahbub, Assistant Attorney-General—For the State. Criminal Revision No. 647 of 1993. Judgment Gour Gopal Saha J .- This Rule is directed against the judgment and order dated 27-2-93 passed by the Sessions Judge, Gazipur, in Criminal Appeal No.14 of 1986, aff..Category: Criminal Law | Date: | Hits: 37
A Jabber Howlader Vs. Ali Akbar Howlader and State, 1999, 28 CLC (HCD)
....ramed for absence of the learned Magistrate and thereafter on subsequent date the complainant-appellant remained absent by filing petition and that the complainant-appellant was absent on 19-5-94 and sought adjournment for filing a petition but the learned Magistrate rejected the prayer and acquitte......end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329....... had withdrawn the inquiry and himself took cognizance of the offence under sections 406/420 of the Penal Code and issued process against the accused-respondent and transferred the case record to the trial Court for disposal as per law. 3. On receipt of the said file the learned trial Court fixed......Court Division (Criminal Appellate Jurisdiction) Present: Md. Hamidul Haque J Md. Hassan Ameen J A Jabber Howlader.……………………….Appellant Vs. Ali Akbar Howlader and State………………………………Respondents Judgment July 21, 1999. Lawyers In..Category: Criminal Law | Date: | Hits: 63
Babar Hossain Vs. State, 2000, 29 CLC (HCD)
....d by the Magistrate of the 1st Class, Chouddagram in GR Case No.22 of 1989 convicting the accused petitioner under section 304B of the Penal Code and sentencing him thereunder to suffer Rigorous Imprisonment for two years. 2. The prosecution case, in short, is that Abdur Rashid, Officer-in-charge...... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ......tion submitted charge-sheet against accused-petitioner Babar Hossain under sections 279 and 304B of the Penal Code. 4. Upon the aforesaid allegations accused petitioner Babar Hossain was placed on trial before the learned Magistrate to answer charge under sections 279/304B of the Penal Code. 5......r the Petitioner. FKM Ahsan Mahbub, Assistant Attorney General—For the State. Criminal Revision No. 1372 of 1992. Judgment Gour Gopal Saha J.- This Rule is directed against the Judgment and order dated 2-6-92 passed by the 4th Court of Additional Sessions Judge, Comilla in Criminal App..Category: Criminal Law | Date: | Hits: 58
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....nd the IGM was amended and the name of the petitioner company was replaced in place of the name of consignee Unipex Knit Wear Ltd. Thereafter, it was detected by the petitioner company that there was some technical violation of the Import Trade Control (ITC) Regulation and the petitioner company thr......iners in question were brought into Bangladesh in blatant violation of the Import Policy Order and in view of the provisions of section 2(s) read with section 16 of the Customs Act, 1969 (hereinafter called the Act) the goods in question were smuggled goods liable to be confiscated under section 156...... Master LC back to back LC was established by the petitioner on 31-3-98. The bills of lading originally submitted for these containers showed the consignee as to the order of Agrani Bank Tejgaon Industrial Area Branch which suggests that the LCs were opened by Agrani Bank, Tejgaon Industrial Area Br......ial Original Jurisdiction) Present: Syed Amirul Islam J Shah Abu Nayeem Mominur Rahman J Shawn Apparels Ltd…………………………….Petitioner Vs. Commissioner of Customs and others……………Respondents Judgment December 8, 1998. Cases Referred To- AIR ..Category: Fiscal/Taxation Law | Date: | Hits: 83
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