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Commissioner of Customs and others Vs. Ruhul Amin Bachuchu and others, 2009, 38 CLC (AD)

....by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ......��……………………………………….Respondent (In Civil Petition No.1025 of 2007) Order January 5, 2009. Case Referred to- 52 DLR (AD) 149. Lawyers Involved: Shathika Hossain, Deputy Attorney General, instructed by Md. Zahirul Islam, Advocate-on-Record-For the Petiti......) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazul Islam J Md. Joynul Abedin J The Commissioner of Customs and others…………….....Petitioners (In all cases) Vs. Ruhul Amin Bachuchu……………………Respondent (In Civil Petition No.1016 of 2007) ......of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ..

Category: Fiscal/Taxation Law | Date: | Hits: 92

Ayesha Siddika and others Vs. Sayed Rafiqul Islam Rafiq and others, 2010, 39 CLC (AD)

....eason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ...... ADC (2011) 11. ...... Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ayesha Siddika and others………………………….......Petitioners Vs. Sayed Rafiqul Islam Rafiq and others ...............Respondents Judgment July 4, 2010. ......orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ..

Category: Property Law | Date: | Hits: 89

Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)

....as prayed for in the above suit and accordingly the above suit was not at all maintainable and moreover Plot No.261 of Mouja Chowdala was transferred by Hedayatullah to Giasuddin, the father of Ras Mohammad, P.W.5, and on this ground also a suit for declaration simpliciter is not maintainable; mor......rt Division rightly made the Rules absolute as the Deed No.15294 dated 10.11.86, by which Beraful Nessa claimed title on the suit land, included fictitious properties which has been admitted by Afzal Hossain, the P.W.1 in Title Suit No.61 of 1996 and further though Mazed Ali was found to be in pos......resent: MM Ruhul Amin CJ Md. Tafazul Islam J Md. Abdul Matin J Md. Abdul Aziz J Md. Raisuddin Biswas and others….......................................Appellants (In both cases) Vs. Md. Mazed Ali being dead his heirs Sayera Bewaand others.....Respondents (In both cases) J...... be sustained and accordingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ..

Category: Property Law | Date: | Hits: 109

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......D) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......AD 90, VIII ADC (2011) 217. ......late Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Tarique Rahman................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka ..

Category: Civil Law | Date: | Hits: 174

State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)

.... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ......urt record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: AK Badrul Huq J SM Hossain J State ………………………………………………Petitioner Vs. Saiful Islam and another ………….….Condemned Absconder Judgment July 22, 2003. ...... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ..

Category: Criminal Law | Date: | Hits: 84

Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ...... Lawyers involved: Khondker Mahbubuddin Ahmed with Mainul Islam Chowdhury, Advocates-For the Petitioner. Farah Mahbub, Assistant Attorney-General-For the Respondent No. 1. Khandker Mahbub Hossain with Abdur Rahman, Advocates-For Respondent No. 2. Writ Petition No. 3308 of 1998. Jud......ion (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Razia Sultana……………………………………………….………Petitioner Vs. Government of Bangladesh and others …………….Respondents Judgment March 1, 2004.......h was extended from time to time. 4. In due course an affidavit-in-opposition sworn on 13‑1‑2004 was filed on behalf of the Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Industries, the respondent No. 1 and another affidavit-in-opposition sworn ..

Category: Business or Commercial Law | Date: | Hits: 194

Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)

....�Appellant Vs. Registrar of Trade Marks and another………………….Respondents Judgment January 18, 2000. Lawyers involved: Syed Shahid Hossain, Advocate-For the Appellant. Mohammad Ohiullah, Advocate-For the Respondents. Trade Mark Appeal No. 11 of 1989. Judgment ......any (BD) Ltd. ………………………Appellant Vs. Registrar of Trade Marks and another………………….Respondents Judgment January 18, 2000. Lawyers involved: Syed Shahid Hossain, Advocate-For the Appellant. Mohammad Ohiullah, Advocate-For the Respondents. Trade Ma...... Division (Special Statutory Civil Appellate Jurisdiction) Present: Syed Amirul Islam J SAM Mominur Rahman J Virginia Tobacco Company (BD) Ltd. ………………………Appellant Vs. Registrar of Trade Marks and another………………….Respondents Judgment January ......ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ..

Category: Intellectual Property Law | Date: | Hits: 226

Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)

....ein it has been held that according to Muslim Jurist the marriage of a pregnant woman is not void but is invalid and the offspring’s of this marriage are considered to be legitimate. Syed Amir Ali, Mohammadan Low (5th Edition 202) relying on the opinion of Abu Yusuf and Mohammad observed as follow...... Dali Begum and another ………….......................Plaintiff Opposite Parties Judgment November 15, 2003. Cases Referred to- Dr. ALM Abdullah Vs. Rokeya Khatun, 21 DLR 213; Anwar Hossain Vs. Momtaz Begum, 4 BLC 521; Abdul Gani and others Vs. Tale Bibi and others, PLD 1962 (WP) L......DLR (2004) 358. ...... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ..

Category: Family Law | Date: | Hits: 186

State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)

....ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......e Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: SK Sinha J Md. MR Bhuiyan J State ……………………………………Petitioner Vs. Billal Hossain Gazi ……………..Respondent Judgment April 13, 2004. Lawyers involved: Ni......) 355. ......ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ..

Category: Criminal Law | Date: | Hits: 43

Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)

.... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ......he person of Arzina Khatun. He stated that accused Md. Masud Mia runs the shallow machine of his father. He refuted the defence suggestion that his daughter Arzina Khatun eloped with Babul and Anower Hossain and was kept confined in unknown places. He denied the defence suggestion that the accused h......Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Gour Gopal Saha J Zubayer Rahman Chowdhury J Masud Mia (Md.) ……………………Appellant Vs. State ………………………………………Respondent Judgment December 7, 200...... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ..

Category: Criminal Law | Date: | Hits: 45

Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)

....n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ......n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ......04) 347. ......er and in such situation the petitioner filed WP No. 3300 of 2003 and the High Court Division issued Rule Nisi on 3rd May, 2003 calling upon the respondents, namely, (1) Bangladesh represented by the Secretary, Ministry of Home, (2) Inspector General of Police, (3) Additional Inspector General of Po..

Category: Criminal Law | Date: | Hits: 60

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

....ed 6‑7‑2002. Thereafter, the detenus were enlarged on bail on 4‑8‑2002 by an order of the learned Metropolitan Sessions Judge in Metropolitan Criminal Miscellaneous Case No. 2953 of 2002. The Mohammadpur Police again prayed before the learned Chief Metropolitan Magistrate on 7‑8‑2002 for......tion law that in order of detention can be made in respect of a person on the basis of a report of the police officer after he was arrested under section 54 of the Code. 44. In the case of Mokbul Hossain Vs. Government of Bangladesh and others, 54 DLR 118 Md. Hamidul Haque, J speaking for the Di......reme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: SK Sinha J Sharifuddin Chaklader J Saifuzzaman (Md.)……………………………….Petitioner Vs. State and others ……………………………….Opposite Parties Judgment August ......he Court ought not to, without striking down the law, give any direction which is not in accordance with law. In other words, the Court itself is not above the law." 54. This is why in the case of Secretary, Ministry of Finance Vs. Masdar Hossain 52 DLR (AD) 82, the Appellate Division declared "t..

Category: Criminal Law | Date: | Hits: 70

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. ......he above appeals). Abdul Malek with AKM Shafiqul Alam, SM Shahjahan, Advocates-For the Condemned Prisoners. Sarwar Ahmed, Advocate-For Appellants (In Criminal Appeal No 996 of 2000). Mirajul Hossain Khan, Advocate-For Appellant (In Criminal Appeal No. 1209 of 2000). Death Reference No. 1...... Court High Court Division (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J M Abu Tariq J State………………………………………………….….Petitioner Vs. Ershad Ali Sikder and others ...............Condemned Prisoners Judgment July 28, 2003......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

Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)

....spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ......, 2003. Cases Referred to- Fazlur Rahman Vs. Rajab Ali and others 30 DLR (SC) 30; Aziza Nilufar Begum Vs. Jahanara Begum and another 3 BLC 117. Lawyers Involved: Md. Zakir Hossain, Advocate-For the Petitioners. Md. Golam Arshed, Advocate‑For the Opposite Parties.......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Nazrul Islam Chowdhury J Abdus Samad and others.........................Petitioners Vs. Md. Gafur and others................................Opposite Parties Judgment ......spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ..

Category: Civil Law | Date: | Hits: 114

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

....da, Anukul and other accused persons attempted to give out medicine on Ratna Ram for miscarriage but the attempt could not be crowned with success. Ratna Rani gave birth to a female child. 12. PW4 Mohammad Ali offered evidence that father of Ratna before his departure for Oman kept Ratna Rani und...... sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......HCD) (2004) 285.......sed Shibu and in a decision held through mediation of Bangladesli Mahila Parishad accused Shibu agreed to marry Ratna Rani but Shibu Pada was not true to his commitment at all. 16. PW Jotsna Rani, Secretary, Mahila Parishad, Chandina. Branch in her evidence stated that on the strength of allegati..

Category: Criminal Law | Date: | Hits: 64

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

....ated that the accused persons indiscriminately assaulted witness Minara Begum. The defence could not elicit anything in her evidence that may be of any assistance to the defence case. 17. PW 8 Nur Mohammad is also an eye witness to the occurrence. He corroborated PWs 3 to 7 in all material partic......nd abused her husband Mobfer in filthy language. At this Surat Ali Master nephew of informant’s husband Mobfer asked the accused persons not to abuse them in filthy language whereon accused Alamgir Hossain gave a dagger blow on the abdomen of Surat Ali Master and causing a fatal injury. As Mobfer ...... 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...

Category: Criminal Law | Date: | Hits: 52

Abarak Ali Vs. Shefaul Karim, Assistant Commissioner, (Land) Jagannathpur, District Sunamganj, 1998, 27 CLC (HCD)

....without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 183.......�…………… Petitioner Vs. Shefaul Karim, Assistant Commissioner, (Land) Jagannathpur, District Sunamganj …… Respondent Judgment August 11, 1998. Lawyers Involved: Tabarak Hossain, Advocate — For the Petitioner. AM Aminuddin, Assistant Attorney-General with Md. Mahbu...... DLR (HCD) (1999) 183.......without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 183...

Category: Property Law | Date: | Hits: 172

Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)

....lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......is Case is also Reported in: 56 DLR (HCD) (2004)279. ...... (Criminal Appellate Jurisdiction) Present: Khademul Islam Chowdhury J Afzal Hossain Ahmed J Shahid Malongi (Md) and another……………………Petitioners Vs. State…………………………………………………………………..Opposit......lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ..

Category: Criminal Law | Date: | Hits: 43

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

....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. ...... February 23, 2004. Cases Referred to- Sadat Ali Talukder (Md) @ Md Sadat Ali Vs. State and another 4 BLC (AD) 228; Shahera Khatun and others Vs. State and another 53 DLR 19 and Abul Hossain (Md) Vs. State 55 DLR (AD) 125. Lawyers Involved: Not represented- the Petitio......Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Salma Masud Chowdhury J Chitta Ranjan Das @ Chitta Ranjan Sinha………………………….Petitioner Vs. Shashi Mohan Das and another……………………………………………0pposite P......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. ..

Category: Criminal Law | Date: | Hits: 42

Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)

....……………………………………Opposite Parties Judgment March 21, 2004. Cases Referred to- Qari Habibullah Belali Vs. Capt. Anwarul Azim 40 DLR 295 & Syed Mohammad Hashem alias Hashem Vs. State 1995 BLD (AD) 115 =48 DLR (AD) 87. Lawyers Involved: ......ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ......riminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Salma Masud Chowdhury J Saiduzzaman (Md) (Mithu) and another…………………..Petitioners Vs. Munira Mostafa and another………………………………………Opposite Parties ......ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ..

Category: Criminal Law | Date: | Hits: 49

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