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Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......Appellate Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Saroj Kanta Sarker being dead his heirs and legal representatives,Asit Sarker and others...........Appellants Vs. Seraj‑ud‑Dowla & ors...............Respondents Judgment August 5, 2003. Law......suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ..Category: Civil Law | Date: | Hits: 78
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
....me Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Joynul Abedin J Mir Hashmat Ali J Shahidul Islam (Md) alias HM Shahid ...............Appellant Vs. State................... Respondent Judgment August 3, 2003. Case referred to- Safdar A.............t liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35.......used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35...Category: Criminal Law | Date: | Hits: 43
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....n question is arbitrary, discriminatory and mala fide exercise of power by the respondents in transferring the case in question and that in as much as the petitioner being younger brother of a former State Minister during the last regime supported the candidature of his brother for working in favour......t High Court Division (Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J Syed AB Mahmudul Huq J Abdul Kader Mirza and another…………………….. Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and ParliamenÂtary Affair......ion and Writ Petition No. 6047 of 20031 is rejected summarily. Lawyers Involved: Abdul Matin Khasru with Pankaj Komar Kundu, Advocates-For the Petitioner (In Writ Petition No. 5951 of 2003). Md. Saifuddin Khaled, Advocate-For the Petitioner (In Writ Petition No. 6047 of 2003). Adilur Rah......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ..Category: Criminal Law | Date: | Hits: 50
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
....al Bank Ltd. and others.....................Appellants. Vs. Habib Bank Ltd. and others..............Respondents Judgment February 18, 2002. Cases referred to- Bankers Trust Co. vs. State Bank of Indict (1991) 2 Lloyd's Report 443; Hing Yip Hing Fat Co. Ltd. vs The Daiwa Bank Ltd. ......LR (2004) 15. ......ational Bank Ltd., defendant No. 1, defendant Nos. 4, 5 and 6 on contest. The National Bank Ltd. filed both the appeals. 2. The facts leading to the filing of the above noted two suits, one by Mr. Md. Salauddin, the plaintiff in Title Suit No. 56 of 1987 and the other one filed by Habib Bank Ltd ...... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ..Category: Business or Commercial Law | Date: | Hits: 202
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....2. ......2004) 12. ......Opposite Parties Judgment July 16, 2003. Cases Referred to- Mosleuddin (Md) vs. State, 42 DLR (AD) 160; Kashem vs. State 40 DLR (AD) 294; Abdus Salam vs. State 12 DLR 100; Haider Ali vs. Md. Sekender 13 DLR 119; Bhulu Rani Shaha and another vs. Pranballav Podder and another 5 BLC (AD) 1......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ..Category: Criminal Law | Date: | Hits: 34
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
....upreme Court High Court Division (Criminal Appellate Jurisdiction) Present: Gour Gopal Saha J Zubayer Rahman Chowdhury J Shahinur Alam @ Shahin ..................Appellant Vs. State...................Respondent Judgment October 26, 2003. Case referred to- Nazrul I...... 10. ................Appellant Vs. State...................Respondent Judgment October 26, 2003. Case referred to- Nazrul Islam @ Montu vs. State, PLD 1975 Lahore 1431. Lawyers Involved: Md. Abdus Samad Miah, Advocate-For the Appellant. Monowara Begum, Assistant Attorney-General-For ...... merit. Communicate the order at once to the Nari‑oÂ-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ..Category: Criminal Law | Date: | Hits: 37
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11....... 11.......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11.......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11...Category: Fiscal/Taxation Law | Date: | Hits: 77
Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
....reme Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Quddus J Abdul Awal J Nannu Mia @ Habibur Rahman………………………..Appellant Vs. State……………………………………………...Respondent Judgment November 17, 20......7. ...... Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ..Category: Criminal Law | Date: | Hits: 43
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....dra @ Chinu…………………….Petitioner Vs. Dipali Rani and another…………………………Opposite Party Judgment December 2, 1999. Cases Referred To- Mati Miah Vs. State 12 BLD 126=44 DLR 554; Monwar Ahmed Vs. State 8 DLR (SC) 157; A Razzaque and another Vs. State......n: 52 DLR (HCD) (2000) 87.......ith copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87...Category: Family Law | Date: | Hits: 175
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....not be declared to have been made without any lawful authority and of no legal effect. 3. Facts relevant for disposal of the Rule are, that the petitioner a banking institution incorporated in the State of Connecticut, USA having its head office located in New York City, New York State, USA. Th......(2002)7. ......ute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ......2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ..Category: Fiscal/Taxation Law | Date: | Hits: 132
....hich he has placed his reliance. We hope that we will have occasions in future to give our full consideration to this decision. Suffice it to say here that modern Government will be unworkable if the State functionaries are not left with certain discretionary power and it is not always possible for ......(2002) 1.
......182; Congreve vs Home Office (1976) QB 629; Padfield vs Minister of Agriculture (1968) AC 997; Ram Krisna Dalmia vs. Justice Tandulker, AIR 1958 (SC) 538.
Lawyers Involved
Salauddin Ahmed, with Md. Ramzan Ali Sikder and Faustina Pereira, Advocates—For the Petitioner.
MR Hasan, with Ms Nah......sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
..
Category: Fiscal/Taxation Law | Date: | Hits: 108
Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)
....eme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: MA Aziz J Md. Mamtazuddin Ahmed J Delwar Hossain Sowdagar……………Accused‑Petitioner Vs. State, represented by the Deputy Commissioner………………Opposite Parties Judgment Augu....... ......esult, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ......tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ..Category: Civil Law | Date: | Hits: 83
....se of a Criminal trial is to investigate the offence and to determine the guilt or innocence of the accused and the duty of a Public Prosecutor is to represent not the police nor an informant but the State, and this duty should be discharged by him fairly and fearlessly and with full sense of the re.............val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81.......val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81...
Category: Employment/Service Law | Date: | Hits: 108
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....ther stated that there will not be any environmental pollution, which can do harm to these petitioners and the petitioners brought the false case which is also harmful for the development work of the State. It is further stated the case land has been included for the purpose of development of Dhaka ......ourt High Court Division (Special Original Jurisdiction) Present: MM Ruhul Amin J Md. Bazlur Rahman J M Saleem Ullah, Advocate and others………………………..Petitioners Vs. Bangladesh, represented by the Secretary, Ministry Housing and Public Works and others……â......ity and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ......aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ..Category: Environmental Law | Date: | Hits: 259
....f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67.......e Court
High Court Division
(Special Original Jurisdiction)
Present:
Mohammad Fazlul Karim J
Md. Ali Asgar Khan J
Jamal Hossain (Md.) and others…………………Petitioners
Vs.
Chairman, 2nd Court of Settlement, Abandoned Buildings, Dhaka and others……Respondents
...... order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67.......f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67...
Category: Property Law | Date: | Hits: 28
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
..... Salh Ahmed and another 46 DLR (AD) 148; Collector of Customs vs. Abdul Halim 42 DLR (AD) 167; Secretary, Ministry of Industries vs. Saleh Ahmed and another 1981 BLD (AD) 91; Findly vs. Secretary of State (1984) 3 All ER 801; CCSU vs. Minister for Civil Service (1985) 1 AC 374; Navjyoti Coo-Group H......: 59 DLR (2007) 182. ...... Result: The Rule is made absolute in part. Cases Referred to- Principal, Chittagong Medical College and others vs. Shahrayar Murshed 48 DLR (AD) 33; Government of Bangladesh and others vs. Md. Tajul Islam 49 DLR (AD) 177; Shearer vs. Shield, 1914 AC 808. Ram Chandra vs. Secretary to Gover...... expeditiÂously. Communicate a copy of the judgment immeÂdiately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ..Category: Employment/Service Law | Date: | Hits: 134
AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178.......in: 59 DLR (2007) 178.......charged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178.......petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178...Category: Property Law | Date: | Hits: 34
Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)
....ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ...... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Mashuque Hosain Ahmed J Tahera Begum and others……………………………….Petitioners Vs. First Court of Settlement and others……………..Respondents Judgment August 17, 20......is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ......ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ..Category: Property Law | Date: | Hits: 29
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
.... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ......DLR (2007) 166. ...... DLR 265; Dosta Textile Mills Ltd. vs. Sudhansu Bikash Nath 40 DLR (AD) 45; Managing Director, Rupali Bank Ltd vs. Tofazzal Hossain and others 44 DLR (AD) 260; Managing Director, Rupali Bank Ltd. vs. Md. Nazrul Islam Patwary 1995 BLD (AD) 169 = 48 DLR (AD) 62; Indo-Pakistan Corporation Ltd. vs. Chai...... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ..Category: Employment/Service Law | Date: | Hits: 69
Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)
....First Court, Mymensingh and for declaration that the aforesaid order is not binding upon the plaintiff. 3. The plaintiff's case, in brief, is that Government gave compensations on the basis of State Acquisition and Tenancy Act, 1950 and accordingly, during SA operation the suit land was recor......007) 154. ......dent of Assam Province. At that time the Defence of Pakistan Rules was promulgated and, as such, Nripendra Chandra Chakravartty could not execute and register the deed of exchange. ThereÂafter, Haji Md. Abdur Rahim obtained permission to do the deed from the concerned authority and iniÂtiated Othe......-charge), Gouripur passed in Other Class Suit No. 82 of 1994 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 154. ..Category: Property Law | Date: | Hits: 32
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