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Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)

....nt within the date fixed. Ed. This Case is also Reported in: ......er to be responsible for consequences. The vessel arrived late at the discharge port and the Bill of Entry was submitted by the plaintiff to the Customs Authority on or about 6.7.1997. But in the meantime the government fixed 2.5% development surcharge on the import of this type of cargo. The defend......essel was illegally arrested by the plaintiff. 16. Upon the aforesaid facts, as appears from the exhibited documents filed by the parties, the issue of the suit as per the plaintiff’s claim for recovery of compensation for short landing of 8 MT goods and for imposition of development surcharge......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 178

Md. Saidul Islam and others Vs. State, 2011, 40 CLC (HCD)

....consider the bail of the petitioners. Communicate the order at once. AKM Zahirul Hoque J. - I agree. This Case is also Reported in: ......the submission of the learned advocate for the petitioners to the effect that the Investigation Officer could not conclude the further investigation, we are of the view that justice would be met if a time is fixed for concluding the further investigation of the case. 5. Accordingly the rule is di......tion of the case, the concern Court is hereby directed to consider the bail of the petitioners. Communicate the order at once. AKM Zahirul Hoque J. - I agree. This Case is also Reported in: ......tion of the case, the concern Court is hereby directed to consider the bail of the petitioners. Communicate the order at once. AKM Zahirul Hoque J. - I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 71

Mizanur Rahman Vs. State, 2011, 40 CLC (HCD)

....sion (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Mizanur Rahman ……………………………………………Petitioner Vs. The State………………………………………………………….Opposite party Judgment ......ned order. 7. In view of the submission of the learned advocate for the petitioner to the effect that the prosecution could not complete the further investigation of the case, we are of the view a time may be fixed to conclude the further investigation of the case. 8. Accordingly the rule is d...... investigation of the case, the learned concern court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ...... investigation of the case, the learned concern court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 67

Gias Uddin Vs. State, 2011, 40 CLC (HCD)

.... Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J AKM Zahirul Hoque J Gias Uddin …………………………………….……..Petitioner Vs. The State ………………………………….………….Opposite party Judgment March 13, 201...... 7. In view of the submission of the learned advocate for the petitioner to the effect that the prosecution could not make the case ready for trial, we are of the view that justice would be met if a time is fixed for making the case ready for trial. Accordingly the rule is disposed of with the d......make the case ready for trial, the concern Court may consider the bail of the petitioner. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......make the case ready for trial, the concern Court may consider the bail of the petitioner. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 58

Jamsher Ali Vs. State, 2011, 40 CLC (HCD)

....n (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Jamsher Ali …………………………………………………Petitioner Vs. The State……………………………………………………Opposite party Judgment April 3......l and the impugned order. 7. In view of the submission of the learned advocate for the petitioner to the effect that the prosecution could not make the case ready for hearing, we are of the view a time may be fixed to make the case ready. 8. Accordingly the rule is disposed of with the directi......to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 63

Shahadat Hossen Vs. State, 2011, 40 CLC (HCD)

....uses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......as got fair chance of acquittal in this case. Since the informant of the case is a private person, who has got enmity with the father of the appellant and the police did not arrest the appellant with arms and as such the impugned order is liable to be set aside and the appellant may be enlarged on b..

Category: Criminal Law | Date: | Hits: 66

Md. Rasel Miah Vs. State, 2011, 40 CLC (HCD)

....der the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......bail and the impugned order. 7. In view of the submission of the learned advocate for the appellant to the effect that the prosecution could not make the case ready for trial, we are of the view a time may be fixed to make the case ready for trial. Accordingly the rule is disposed of with the ......he case ready for trial, the learned trial court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......he case ready for trial, the learned trial court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 80

Md. Fazlar Rahman @ Major Vs. State, 2011, 40 CLC (HCD)

....case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... going to the house of the informant gave a proposal to the wife of the informant for giving marriage of his daughter with the known person of the convict appellant which she declined and in point of time there was an altercation in between them in which the convict appellant threatened his wife; th......y at once if not been wanted in connection with any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......y at once if not been wanted in connection with any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 60

Yasin Hossain Vs. State, 2011, 40 CLC (HCD)

....der the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... the impugned order. 7. In view of the submission of the learned advocate for the appellant to the effect that the prosecution could not produce any witness to prove the case, we are of the view a time may be fixed to produce the witness of the case. 8. Accordingly the appeal is disposed of wi......tness to prove the case, the learned trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......tness to prove the case, the learned trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 65

Md. Lal Mia @ Chan Mia Vs. State, 2011, 40 CLC (HCD)

....der the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ed order. 8. In view of the submission of the learned advocate for the appellant to the effect that the prosecution could not produce any witness, we are of the view that justice would be met if a time is fixed to produce any witness of the case. Accordingly the appeal is disposed of with the ......produce any witness of the case, the trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......produce any witness of the case, the trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 65

H.M. Kabir @ Alamin (22) Vs. State, 2011, 40 CLC (HCD)

....eme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J AKM Zahirul Hoque J H.M. Kabir @ Alamin (22)……………Petitioner Vs. The State……………………….………….Opposite party Judgment March 7, 2011. Lawyers ......ourt No.4, Dhaka. 2. In a case under section 394 of the Penal Code the petitioner was obtained bail from the court below on 20.11.2008 but could not come out from the jail hajat, since in the mean time he was shown arrested in connection with another case and thereafter his bail was cancelled by ......ty 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: ......ty 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: ..

Category: Criminal Law | Date: | Hits: 64

State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)

....from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ...... and that she was not exactly aware as to why Khosbar killed her husband. She denied the suggestion that Khosbar did not kill her husband. In reply to question put by the court she stated that at the time of deposing she had been residing in her father’s house and that accused was cultivator and h......e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ......e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ..

Category: Criminal Law | Date: | Hits: 62

United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)

.... for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......tive tenanted portion of the said holding to the Superintending Engineer, Management Circle of the Ministry of Works on 6-7-1986 failing which they would be driven out on any subsequent date. At that time it was known to the plaintiff that the tender of the defendant No.3 namely, the United Commerci......suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ..

Category: Tenancy Law | Date: | Hits: 135

Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)

.... and Company Ltd………….Petitioner Vs. Bangladesh Shilpa Bank and another……………..Respondents Judgment March 13, 2000. Lawyers Involved: M Zahir with Biplab Saha, Advocates - For the Petitioner. Kazi Akhter Hamid with Abdul Aziz, Advocates - For Respondent No.1. ......se No.21-BSB/86 was stayed in Civil Rule No.88 (1) 89 subject to deposit of Taka 5 lac to the respondent Bank within 6(six) months and the petitioner company having made the deposit within stipulated time on 18-2-1990 the Rule was made absolute. During pendency of the First Appeal before the High Co......ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ......ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 171

Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)

.... as to cost. Ed. This Case is also Reported in: ......Respondent-Petitioner while the learned Advocate Mr. A. K. M. Zahirul Hoque the Additional Attorney General in his private capacity appeared on behalf of the Defendant-Appellant-Opposite party at the time of hearing of this rule. 11. The instant suit is a suit for declaration of title in the sui......e and not vague and thereby rightly revised the trial Court’s finding on identification. The suit being one for declaration of title only and there being no prayer for confirmation of possession or recovery of possession, the point of alleged vagueness as to the description of the suit land was no......e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 74

Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)

....ported in: 7 LG (HCD) (2010) 317.  ......l (Taking over) Act, 1974 reads as follows: THE PRIMARY SCHOOL (TAKING OVER) ACT, 1974 “Section:3. (1)Notwithstanding anything contained in any other law, rule, regulation or bye-law for the time being in force or in any contract or agreement, or in any deed or other instrument, the Governm...... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317.  ...... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317.  ..

Category: Employment/Service Law | Date: | Hits: 70

Md. Mahabubur Rahman Vs. Government of the People’s Republic of Bangladesh and other, 2010, 39 CLC (HCD)

....adesh and other….... Respondents Additional Deputy Commissioner (Revenue), Rajshahi………..Respondent No.5-Applicant Judgment April 15, 2010. Lawyers Involved: Fazlul Haque, Advocate-For the Applicant. Md. Zakir Hossain, Advocate-For Writ Petitioner. Review Petition No. 6 ......did not inform him about the preference of Civil petition for Leave to Appeal No. 1869 of 2009 for which the learned Advocate Mr. Fazlul Hoque prays for adjournment of this review application for the time being. 6. We have heard the learned Advocates consider the submission. 7. It appears tha...... writ petition. Therefore this application merits no consideration. In the result, the review application is rejected. SM Emdadul Huque J. - I agree. Ed. This Case is also Reported in: ...... writ petition. Therefore this application merits no consideration. In the result, the review application is rejected. SM Emdadul Huque J. - I agree. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 62

Abul Kalam Vs. State, 2011, 40 CLC (HCD)

....er be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ears from the evidence of P.W.1 that the appellant and the victim got married 4/5 years before the occurrence, and their conjugal life was unhappy from very beginning. This witness was present at the time of preparing the inquest report and saw the accused were trying to burry the dead body before t......the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 58

Enu Miah and others Vs. State, 2011, 40 CLC (HCD)

.... High Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Enu Miah and others…………………………Petitioners Vs. The State………….……………………………….Opposite party Judgment May 22, 2011. ......affidavit. 7. In view of the submission of the learned advocate for the petitioners to the effect that the investigating officer could not submit the charge sheet of the case, we are of the view a time may be fixed to submit the charge sheet of the case. Accordingly the rule is disposed of wit......it the charge sheet, the learned court concern may consider the bail of the petitioners. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......it the charge sheet, the learned court concern may consider the bail of the petitioners. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 56

Ekhlasur Rahman Vs. State, 2011, 40 CLC (HCD)

....t High Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Ekhlasur Rahman………………………….Petitioner Vs. The State……….…………………………….Opposite party Judgment March 27, 2011. Law......cate appearing for the petitioner submits that the petitioner is innocent and did not commit any offence and the petitioner and deceased Akikunness was husband and wife and they got 3 children at the time of their conjugal life and the death of victim Akikiunness is a mere accidental one and the doc......ion report of the case, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ion report of the case, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 61