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Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)

....pellant Vs. Chand Mia, State .........................Respondents Judgment April 13, 2002. Result: The Appeal is allowed. Cases Referred to- AIR 1959 Cal 525, AIR 1961 (Allahabad) 352, AIR 1948 (Madras) 450, Ayub Ali Bangali Vs. Mia Manir Ahmed and others, 46 DLR 330; Md Isla......he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614.......al Appeal No. 221 of 1995. Judgment Md. Abdul Quddus J. - In this appeal under section 417(2) of the Code of Criminal Procedure the complainant appellant challenged the legality of the impugned order dated, 21‑1‑1995 by Additional District Magistrate Noakhali dismissing CR Case No. 3/84 un......he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614...

Category: Procedural Law | Date: | Hits: 73

Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)

....04) 612.......vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612....... Civil Revision No. 4901 of 2003. Judgment Md. Abdur Rashid J. - Decree holder obtained the Rule upon making a revision application under section 115 of the Code of Civil Procedure against an order dated 13‑10‑03 passed by the learned Joint District Judge, Court No. 2 and executing Court......vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612...

Category: Procedural Law | Date: | Hits: 54

Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)

....sud Chowdhury J Md. Rezaul Hasan J Abdus Sattar alias Taku Sattar...............Petitioner Vs. State……………Opposite party Judgment April 19, 2010. Result: The Rule is made absolute. Case Referred to- 50 DLR 356. Lawyers Involved: Nusrat Jahan, Advocate - F......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ......onvict-petitioner, under section 561A of the Code of Criminal Procedure (the Code) the present rule has been issued calling upon the opposite parties to show cause as to why the impugned Judgment and order of conviction and sentence dated 14-1-2007 passed by Special Tribunal Judge, Special Tribunal ......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ..

Category: Criminal Law | Date: | Hits: 65

BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....ereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......nd rules; (c) To determine and certify correct value in accordance with the existing laws and rules; (d) To ensure compliance with the shipment procedures and container sealing as per rules and order; (e) To issue CRFS and NNRF after undertaking proper inspection (physical and otherwise) pr......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..

Category: Fiscal/Taxation Law | Date: | Hits: 152

Abdul Motaleb Howlader alias Chan Miah Vs. Judge, Artha Rin Adalat No.1, Pirojpur and others, 2011, 40 CLC (HCD)

....agree. Ed. This Case is also Reported in: ...... discharged, however, without any order as to costs. Communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ....... Nasrin Ferdous, Advocate -For the Respondent. Writ Petition No. 2362 of 2005. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a judgment debtor, was issued calling in question order dated 31.5.2004 passed by the Judge, Artha Rin Adalat No.1, Pirojpur admitting a second execut...... discharged, however, without any order as to costs. Communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 107

Arun Kumar Sutradhar and another Vs. The Joint District Judge, Artha Rin Adalat Comilla and another, 2010, 39 CLC (HCD)

.... I agree. Ed. This Case is also Reported in: ...... case), if it is required. The office is directed to communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......For the respondent. Writ Petition No.4374 of 2003. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of two judgment debtors in a mortgage decree, was issued calling in question order dated 26.5.2003 passed by the Artha Rin Adalat, Comilla in Artha Decree Execution Case No.44 o...... case), if it is required. The office is directed to communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 80

Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....eported in: ...... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-appellant was issued on an application under section 115 (1) of the Code of Civil Procedure to examine the legality of judgment and order dated 3.10.2007 passed by the Additional District Judge, Habiganj in Miscellaneous Appeal No.3...... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 78

Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)

....Hamid, Advocates-For the petitioners. M. Shamsul Haque, Advocate-For opposite party No.1. Civil Revision No. 5858 of 1991. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of an added defendant-appellant was issued to examine the legality of judgment and decree dated 5.12.1983 ......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in:   ......was barred by limitation; whether the sale agreement dated 8.9.1976 was a genuine document and if so whether it was legally enforceable; and what other relief, the plaintiff was entitled to. 6. In order to prove his case, the plaintiff himself deposed as P.W.1 and formally proved the registered s......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in:   ..

Category: Property Law | Date: | Hits: 99

A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)

....ment Act, 1958 is directed against judgment and order dated 29.8.2002 passed by the Special Judge, Sylhet in Special Case No.123 of 2001 convicting the appellant under section 409 of the Penal Code read with section 5 (2) of the Prevention of Corruption Act, 1947 and sentencing him thereunder to suf...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......eral-For the respondent. Criminal Appeal No. 2797 of 2002 Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed against judgment and order dated 29.8.2002 passed by the Special Judge, Sylhet in Special Case No.123 of 2001 convicting ...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 61

Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)

....e years, we take it up for disposal even in absence of the appellant. 2. Facts relevant for disposal of the appeal, in brief, are that the informant Md. Arshed Ali Mondal lodged an ejahar with Chuadanga Police Station on 9.1.1984 against the appellant alleging, inter alia, that his cousin Badar ......n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......y General-For the respondent. Criminal Appeal No. 936 of 1990. Judgment Md. Ruhul Quddus J. - This appeal under section 410 of the Code of Criminal Procedure is directed against judgment and order dated 26.8.1990 passed by the Additional Sessions Judge, Jhenaidah convicting the appellant un......n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 74

Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)

....hters, Kalom Chand and Parijan Bibi. Thereafter the said Idris Ali died living behind his widow Hasena Banu, daughter Rupchand Bibi and six sons including the petitioner. The said heirs of Idris Ali made an amicable partition of his left out property and the land in 1st schedule fell in the share of......993 passed by the Additional Sessions Judge, Habiganj the first party-petitioner moved in this Court with the instant criminal revision under section 561A of the Code and obtained the Rule with an ad-interim order of stay. 6. This criminal revision has been appearing in the daily cause list for s...... Md. Ruhul Quddus J. - This Rule at the instance of the first party-petitioner in a proceeding under section 145 of the Code of Criminal Procedure was issued to examine the legality of judgment and order dated 8.4.1993 passed by the Additional Sessions Judge, Habiganj in Criminal Revision No.67 (1......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ..

Category: Property Law | Date: | Hits: 53

AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

..... Secretary, Ministry of Housing and Public Works and others…………………Respondents Judgment December 12, 2011. Result: The appeal is dismissed. Cases Referred to- Mohammad Jamil Vs. Improvement Trust, Rawalpindi, 17 DLR (SC) 520; Secretary of State, represented by the ......is order dated 17.6.2004 and thereby rejected the plaint on the ground that the suit was barred by law. Against the said judgment, the plaintiffs preferred the instant First Appeal and obtained an ad interim order of injunction in the connected Civil Rule. 10. Mr. Md. Lutfor Rahman Mandal, learne......ed was not executed by him (Ramjan Ali). 6. Challenging the said decision, Mukhlesuddin Ahmed filed Writ Petition No.1238 of 2002. The High Court Division rejected it summarily by its judgment and order dated 17.3.2002. Then he moved in the Appellate Division with Civil Petition No.807 of 2002, w....... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 78

Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)

....er to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ......, Supreme Court, instructed by Syed Sakhawat Ali, Advocate on the Record - for the respondent No. 1. Ex parte - Respondent Nos. 2 & 3. Civil Appeal No. 46 of 1982. (From the Judgment and order dated 3 November, 1981 passed by the High Court Division in Civil Revision No. 921 of 1974) ...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ..

Category: Alternative Dispute Resolution | Date: | Hits: 238

Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)

....ourt restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......me Court (Habibul Islam Bhuiyan, Advocate, Supreme Court with him) instructed by Md. Ozair Farooq, Advocate on Record – For Respondent No.1. Civil Appeal No. 40 of 1981 (From the Judgment and order dated June 3, 1980 passed by the High Court Division in Second Appeal No. 1245 of 1962) Jud......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116...

Category: Property Law | Date: | Hits: 58

State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

....lt: The Criminal Appeal is dismissed with alteration of the sentence and the Jail Appeal is disposed of. Cases Referred to- Mohim Mondal Vs. The State, 15 DLR 615; Sajjan Singh Vs. State of Madhya Pradesh; Dule Singh and another Vs. State of Madhya Pradesh, AIR 1998 (S.C.) 2756; Muhammad Sh......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......ding) and Rana Ahmed (absconding) were convicted by the learned Metropolitan Additional Sessions Judge, 1st Court, Dhaka under sections 302/34 of the Penal Code and sentenced to death by judgment and order of conviction and sentence dated 29.7.2003 in Metropolitan Sessions Case No.1973/2000. Md. Fai......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 94

Samerendra Samajpati and others Vs. Government of the People’s Republic of Bangladesh, 2012, 41 CLC (AD)

.... ......r of the High Court Division. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ucted by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.2 Not represented- For Respondent Nos.1 & 3. Civil Petition for Leave to Appeal No.159 of 2011. (From the judgment and order dated 29th November, 2010 passed by the High Court Division in Writ Petition No.4379 of 2007) ......r of the High Court Division. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 69

Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)

....Quayum Vs. State, 6BLC 415; State Vs. Sorowaraedel, 5BLC, 451; State Vs. Puran Vs. State of Punjub, AIR 1953 SC 459; P.K. Singh Vs. State of Monipur, AIR 1956 SC 9; Suvamania Vs. Gounan Vs. State of Madras, AIR 1958 SC 66; BLAST Vs. Bangladesh, 23BLD 115; State Vs. Fozu Kazi @ Kazi Fazlur Rahman, 29......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ......nt A. K. M Zahirul Haque, Additional Attorney General, instructed by Md. Musfiqur Rahman, Advocate-on-Record-For the Respondent. Criminal Appeal No. 47 of 2009.  (From the judgment and order dated 3.3.2008 passed by the High Court Division in Criminal Appeal No.2931 of 2001.) Judg......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 100

Monir Hossain Vs. State, 2012, 41 CLC (AD)

.... ...... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ......th the cases.) Not Represented-For the Respondent (In both the cases.) Criminal Petition for Leave to Appeal No. 332 of 2009 with Jail Petition No. 6 of 2009. (From the judgment and order dated 25.5.2007 passed by the High Court Division in Death Reference No.142 of 2003 with Crimi...... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 95

State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)

....is Case is also Reported in: ......Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ......B. Hossain, Advocate-on-Record- For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 440 of 2009. (From the judgment and order dated 10.8.2009 passed by the High Court Division in Criminal Appeal No.1628 of 1996.) Orde......Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 77

Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)

.... is also Reported in: ......tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......ara Khatun……………………………………….Petitioner Vs. Md. Ensab Ali Akand…………………………………………Respondent Order March 4, 2012. Result: The order of status quo granted earlier be extended till disposal of the appeal. Lawyers Involved: ......tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 66