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Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)

....pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ...... the Special Tribunal Judge, Court No. 10, Dhaka in Special Tribunal Case No. 255 of 1991 convicting the appellant under section 19A of the Arms Act and sentencing him to suffer rigorous imprisonment for 10 years. 2. Prosecution case as made out by the informant P.W.1 Md. Abed Ali, SI of Police, ......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......ellant Vs. The State……...........Respondent Judgment January 19, 1993. Cases Referred To- Pair Baksha Vs. State, 27 DLR 251; Gaziur Rahman Vs. The State, BCR 1990 (BCD) 236. Lawyers Involved: MM Hyder Ali, Advocate ‑ For the Appellant. Md. Enamul Hoque, Advocate ‑..

Category: Criminal Law | Date: | Hits: 75

Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)

.... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115.......d: Rafiqul Huq, Advocate ‑ For the Applicant. Md. Moksudur Rahman, Advocate ‑ For the Respondent. Application No.133 of 1991. Judgment AM Mahmudur Rahman J.- This is an application for stay of realisation of the disputed amount of tax 60 the decision of the questions of law referr...... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115.......ferred To- Puran Mat Kauntia Vs. Income Tax Officer and others, 98 ITR 39; Polisetti Narayana Rao Vs. Commissioner of Income Tax, Hyderabad, 29 ITR 222; ITO Vs. Mohammad Kunhi, 71 ITR (SC) 815. Lawyers Involved: Rafiqul Huq, Advocate ‑ For the Applicant. Md. Moksudur Rahman, Advocate â..

Category: Fiscal/Taxation Law | Date: | Hits: 98

State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)

....rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......ucted by Sufia Khatun, Advocate-on-Record—For the Petitioner. Bivash Chandra Biswas, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent Nos. 2-70. Criminal Petition for Leave to Appeal No. 350 of 2010. (From the Judgment and order dated 8-6-2010 passed by the Hi......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......38; Salauddin Abdul Samad Shaikh Vs. State of Maharashtra, 1996 (Cri) 198; State of Andhra Pradesh Vs. Bimal Krishon Kundu, AIR 1997 SC 3589; State Vs. Abdul Wahab Shah Chowdhury, 51 DLR (AD) 242. Lawyers Involved: Momtazuddin Fakir, Additional Attorney-General (with Akramul Haque, Assistant ..

Category: Criminal Law | Date: | Hits: 89

Moazzem Hossain Chowdhury (Md.) Vs. Bangladesh, 1990, 19 CLC (HCD)

....if he is not wanted in connection with any other case. The Rule is accordingly made absolute. Let this order be communicated at once. Ed. This Case is also Reported in: 43 DLR (1991) 186. ......he detention of his teacher and next friend Ratan Singh and a Rule Nisi was issued on 18.4.90 to show cause as to why the said detenu now being detained in Satkhira Sub‑Jail should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without a......if he is not wanted in connection with any other case. The Rule is accordingly made absolute. Let this order be communicated at once. Ed. This Case is also Reported in: 43 DLR (1991) 186. ............ Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Home Affairs Government of Bangladesh and others.......................Respondents. Judgment August 15, 1990. Lawyers Involved: Sk. Atiar Rahman, Advocate ‑ For the Petitioner. Syed Mokaddas Ali, Assist..

Category: Constitutional Law | Date: | Hits: 172

Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)

....nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......it No. 339 of 1970 decreeing the suit on contest. 2. The short facts which has given rise to the rule are as follows: The opposite parties as plaintiffs, brought the Title Suit, No. 339 of 1970 for Specific Performance of Contract for the reconveyance of the suit land in the 1st Court of Munsi......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183....... Vs. Akbar Ali Sheikh and others................Opposite-Parties. Judgment August 9, 1990. Case Referred to- Feroza Majid and another Vs. Jiban Bima Corporation, 39 DLR (AD) 78. Lawyers Involved: Hasan Foez Siddique, Advocate -For the Petitioner. Not represented- the Oppo..

Category: Property Law | Date: | Hits: 74

Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)

....ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181.......r 8 annas share in the disputed land to the plaintiff by two registered kabalas dated 10.4 .52 which he purchased in the benami of his son Haripada Parial, the defendant No. 3, with his own money and for his own benefit and possessed the suit land without partition by metes and bounds. The plaintiff......ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181........ Vs. Wazir Ali Industries Ltd. and Habib Bank Ltd. 21 DLR (SC) 50; Sm. K. Ponnalagu Ammal Vs. The State of Madras, 1953 Mad. 485; Province of Bombay Vs. WI Automobile Association, 1949 Bom. 141. Lawyers Involved: Mustafa Niaz Muhammad, Advocate ‑ For the Appellant. Moqbul Ahmed, Advocat..

Category: Property Law | Date: | Hits: 69

Ghyas Siddique Vs. Bangladesh, 1990, 19 CLC (HCD)

....the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ......706 of 1989 and Writ Petition No. 1321 of 1988 was heard on 2nd, 3rd, 4th and 5th April, 1990. On 10.4.90 on the prayer of the learned Attorney‑General Mr. Rafique‑ul Huq the matter was adjourned for filing affidavit annexing the copies of the Government order rescinding and withdrawing the impu......the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ......r. Nurul Islam Vs. Bangladesh 33 DLR (AD) 201; State of Bihar Vs. Rai Bahadur Hurdut Roy Moti Lal Jute Mills and another AIR 1960 (SC) 378(380) and Liversiege Vs. Anderson 1942 Appeal Cases 206. Lawyers Involved: Khondker Mahbubuddin Ahmed with Abdur Razzaque, Advocates ‑ For the Petitione..

Category: Criminal Law | Date: | Hits: 71

Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)

....e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......olved: Mrs. Sufia Khatun, Advocate-On-Record- For the Petitioner. Syed Mahbubar Rahman, Advocate-On-Record-For the Respondent No.1. Not Represented-the Respondent Nos.2-5. Civil Petition for Leave to Appeal No.1841 of 2009. Judgment Md. Muzammel Hossain J. - This petition for leav......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ...... Trust Vs. Jal E. Khambatta, (1970) 11 L.L.J. 567 page 570; C.A. D'Souza Vs. State of M.P.c 1961 M.P.C. 613; Moti Ram Deka Vs. General Manager North Eastern Frontier Railway, A.I.R. 1964 S.C. 600. Lawyers Involved: Mrs. Sufia Khatun, Advocate-On-Record- For the Petitioner. Syed Mahbubar Rah..

Category: Employment/Service Law | Date: | Hits: 175

Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)

....ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168....... 2. Short facts leading to the rule are: The petitioners as plaintiffs instituted a suit bearing OC Suit No. 384 of 1976 on 3.8.76 in the Court of Munsif, Sadar, Mymensingh against the defendants for a declaration that the plaintiffs are the 16 annas owners of the suit property described in the ......ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168....... Habibur Rahman Khan J Zahir Sheikh.......................................Petitioner Vs. Md. Yakub Ali and others......................Opposite Parties. Judgment January 3, 1990. Lawyers Involved: Md. Serajul Haque with SAM Mahbub Elahi, Advocates ‑For the Petitioner. No..

Category: Procedural Law | Date: | Hits: 102

Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)

....e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166....... 2. It arises out in the following circumstances; during the last election of the Union Parishads the petitioner Md. Abdul Kader along with opposite party No. 1 Md. Abdul Rafi and 6 others contested for the office of Chairman of Nakai Union Parishad under Gobindaganj Upazila. There were 6 Polling C......e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166....... Vs. Member, Election Tribunal, Hyderabad (1964) 6 SCR 213. Virjiram Sutaria Vs. Nathalal Premji Bhavadia and others, 1969 (1) SCC 77; Abdul Malek Vs. The Election Tribunal and others, 29 DLR 221. Lawyers Involved: Md. Nurul Huq, Advocate ‑For the Petitioner. Azizul Haque with Abu Ferdous..

Category: Election Law | Date: | Hits: 130

Kadu and others Vs. State, 1990, 19 CLC (HCD)

....de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......is directed against the judgment and order dated 10.8.77 passed by the Additional Sessions Judge, 1st Court, Mymensingh, in Sessions Case No. 22 of 1976 convicting the 4 (four) accused‑ appellants, for the offence punishable under sections 302/34 of the Penal Code and sentencing each of them there......de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......min Chowdhury J Md. Badruzzaman J Kadu and others.............................Appellants Vs. The State................................... ..Respondent. Judgment January 4, 1990. Lawyers Involved: Serajul Huq with SAM Mahbub Elahi, Advocates ‑For the Appellants. AKM Sham..

Category: Criminal Law | Date: | Hits: 74

Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)

....e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ................................Petitioner Vs. Brajalal Nath & others..........................Opposite Party. Judgment June 1, 1989. Lawyers Involved: Mihir Kanti Majumder, Advocate, for Shahabuddin Ahmad, Advocate ‑ For the Petitioner. Not represented ‑ the Opposite Party. ......e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ...... Mohammad Abdur Rouf J Feroja Khatoon.....................................Petitioner Vs. Brajalal Nath & others..........................Opposite Party. Judgment June 1, 1989. Lawyers Involved: Mihir Kanti Majumder, Advocate, for Shahabuddin Ahmad, Advocate ‑ For the Pet..

Category: Property Law | Date: | Hits: 64

Anwar Hossain Majhi Vs. Government of Bangla­desh & others, 1989, 18 CLC (HCD)

....allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155.......t (Upazila Parishads and Upazila Administration Re­organisation) Ordinance, 1982 (Ordinance No. LIX of 1982), hereinafter called the Ordinance, contained in Annexure‑D to the petition. The reasons for such suspension being shown therein that three criminal cases, mentioned therein, have been star......allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155.......nt. Judgment December 5, 1989. Cases Referred to- 1981 BLD (AD) 196 Md. Abdul Hai Bhuiyan Vs. Secretary, Ministry of Local Government, Rural Development and Co‑operative and others. Lawyers Involved: Aminul Huq with Md. Nizamul Huq, Advocates ‑For the Petitioner. SF Hasan A..

Category: Election Law | Date: | Hits: 121

Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)

....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......in properties from the list of abandoned properties which has been earlier declared as abandoned property under the President's Order No. 16 of 1972, has been called in question with a further prayer for directing the respondents to release the said property and deliver possession thereof to the pet......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......h, represented by the Secretary, Ministry of Works and others.......Respondents. Judgment August 20, 1990. Cases Referred to- 16 DLR (SC) 453, 17 DLR (SC) 457, 14 CWN 31; 87 CIJ 217. Lawyers Involved: MI Farooqui with M Saleem Ullah, Advocates ‑For the Petitioner. MH Khondke..

Category: Property Law | Date: | Hits: 78

Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)

....along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......arty who is the General Secretary of the Workers Union of the said Mills filed Criminal Case No. 97 of 1988 under sections 54 and 55 of the Industrial Relations Ordinance, 1969 against the petitioner for violation of various clauses of the agreements dated 19.3.1989, 26.4.1983, 3.5.1986, 3.3.1988 an......along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137..............Accused‑Petitioner. Vs. Mashiudwllah and another............Opposite Parties. Judgment August 6, 1990. Case Referred to- Kalipada Saha Vs. The State, 1985 BLD (AD) 278. Lawyers Involved: Azizul Haque Chowdhury with Abdul Mamen Chowdhury, Advocates ‑ For the Petiti..

Category: Criminal Law | Date: | Hits: 69

Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)

....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......tha, AIR 1953 Ori 46. Lawyers Involved: Mansur Habib, Advocate, instructed by Md. Mazibar Rahman, Advocate-On-Record- For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 80 of 2010. Judgment Md. Muzammel Hossain J. - This civil petition for......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......nd others, 2 MLR (AD) 298; Indian Overseas Bank, Madras Vs. Chemical Construction Co. and others, AIR 1979 SC 1514; Saroj Vs. Girija, AIR 1926 Cal 326; Purna Chandra Vs. Samantha, AIR 1953 Ori 46. Lawyers Involved: Mansur Habib, Advocate, instructed by Md. Mazibar Rahman, Advocate-On-Record- F..

Category: Civil Law | Date: | Hits: 113

Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)

....ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ...... High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ............Appellant Vs. State…………………………………………………………………………..Respondent Judgment May 31, 2011. Result: The appeal be dismissed. Lawyers Involved: Md. Khurshid Alam Khan, Advocate Instructed by Mvi. Md. Wahidullah, Advocate-on..

Category: Criminal Law | Date: | Hits: 84

State Vs. Keramat Ali & another, 2010, 39 CLC (AD)

....rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......in Criminal Appeal No.123 of 1989). Judgment Surendra Kumar Sinha J. - This appeal arose out of the fol­lowing facts: 2. Respondents along with Keramat Ali and Azmat Ali were put on trial before the learned Sessions Judge, Jamalpur in Sessions Case No.41 of 1988 to face charge under sectio......rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......nha J State………………………………………………………...Appellant Vs. Keramat Ali & another ...........................Respondents Judgment August 11, 2010. Lawyers Involved: Zahirul Hoque Zahir, Deputy Attorney-General instructed by B Hossain, Advocate-..

Category: Criminal Law | Date: | Hits: 90

Abdul Hannan Khan (Md.) Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1990, 19 CLC (HCD)

....he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 131. ......h Secretariat, Dhaka to show cause why the impugned charge (Annexure‑D) dated 3.8.89 and the impugned notice (Annexure‑G) dated 2.9.89 issued by respondent No. 3 asking the petitioner to appear before him and to remain present during the examination of witnesses on 16.9.89 in respect of the char......he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 131. ......ector General of Food) giving rise to CPSIA No. 64 of 1990; Myers Vs. Bethlehem Corporation (1938) 303 US 41; R Vs. Chief Constable of the Merseyside Police, Calveley and others, (1986) 1 All England Law Reports 257; Bangladesh and others Vs. AKM Zahangir 34 DLR (AD) 173; 34 DLR (AD) 173; UP Vs. Noo..

Category: Employment/Service Law | Date: | Hits: 79

Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)

....ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......e 4 and section 151 of the Code of Civil Procedure. 2. The petitioners as plaintiffs instituted the suit in the said Court of Subordinate Judge against the opposite party Nos. 2‑17 as defendants for a declaration that the decree obtained by the original defendant No. 1 Imanuddin Rari (since dec......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......hers, 29 DLR 211; Kaysons Vs. National Bank of Pakistan, Karachi, PLD 1972 Karachi 174; Abdul Jalil Munshi and another Vs. Abu Bakr Siddique, 35 DLR (AD) 42; AIR 1929 Madras 803; AIR 1931 Bom 509. Lawyers Involved: Hemayet Uddin Ahmed with Abdul Quayum and Subodh Ranjan Dutta, Advocates ‑ Fo..

Category: Procedural Law | Date: | Hits: 84