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.... and Justice and others…………Respondents
Judgment
June 30, 1998.
Case Referred To-
Mvi. Md. Khurshid Alam Vs. Bangladesh, 50 DLR (AD) 82.
Lawyers Involved:
Abdur Razzak, Advocate—For the Petitioner.
Abdul Baset Majumder with Md Momtazuddin Fakir Advocates—For the addi......es to the petitioner but of no effect. Hence the petitioner filed this Writ Petition and contends that the impugned decisions vide Annexures A and B have been made without lawful authority.
At the time of hearing of the writ petition one Shamsul Arefin filed an application for being added as part......
The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 168.......
The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 168...
Category: Employment/Service Law | Date: | Hits: 76
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....d Nurul Hoque Mallik and others BCR 1986 (AD) 56; Noor Mohammad Khan and others vs. Govt. of Bangladesh and others 42 DLR 434. Lawyers Involved: Abdul Wadud Bhuiyan with Syed Mokaddes Ali, Advocates—For the Petitioners. Farid Ahmed, Advocate—For the Opposite Parties. Civil Revision......having appeared in the hukumnama alone burden of proof that Abu Sufian was also the owner of the half portion shifted on the defendants. It is also observed by the learned Assistant Judge that at the time of RS operation Firoz was dead and his son was minor as such the record evidently was made by t......ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
.... 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202.......l was justified in law in not allowing the petitioner exemption under section 4 (2) (iii) of the Income Tax Act 1922. 6. In these reference applications, a third question was formulated but at the time of hearing the learned Advocate for the petitioner did not press that. 7. In the other set o......oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202.......oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202...Category: Fiscal/Taxation Law | Date: | Hits: 94
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
.... and others, 49 DLR 23; Mohammad Abdul Nasir and others vs. Peoples Republic of Bangladesh and others, 28 DLR 392; Pangoti Mangarao vs. Chinnadi Kisham Rao, AIR 1965 (Andhra) 98; Kutijan Bibi vs. Zulmat Khan and others, 19 DLR 20; Bayza Bibi vs. Devendra Lal Roy and others, 2 DLR 360; Jahanara Begum......in his Lordships observed that: “No one how high so ever can take the law in his own hands specially when the matter is pending in a court of law. A party altering the status quo existing at the time of filing of the suit or proceeding must be compelled to restore the status quo. Court of appea......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196...Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....r of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......nature, that is DOP, was filled up in the drum instead of finishing agent. Customs duties were paid by the appellant according to the invoice, letter of credit and other shipping documents but at the time of taking delivery of the goods it was detected by the customs detective that the importer the ......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Md. Talebuddin (Taleb) Vs. State, 2009, 38 CLC (AD)
.... dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ...... the Union Parishad, through whom the F.I.R. was sent to the police station, was also not examined; moreover prosecution witnesses were also examined by the Investigating Officer after long lapse of time which create doubts as to the veracity of their evidence; further it was also not at possible f...... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ...... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ..Category: Criminal Law | Date: | Hits: 33
Abdul Hye and others Vs. Serajul Hoque and others, 2009, 38 CLC (AD)
....There is no merit in the application. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ......harers hold excessive land than that of their actual share and the co-sharer who holds minimum land in possession comes before the Court with a suit for partition. 6. It is not unusual that at the time of final partition some of the possessor would be affected and some of the decree holder would ......ls for no interference. There is no merit in the application. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ......ls for no interference. There is no merit in the application. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ..Category: Property Law | Date: | Hits: 31
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....puma Ray; A.I.R. 1920 (Cal)467, A.I.R. 1964 (Alia ) 342, A.I.R. 1942 (All) 82, A.I.R. 1926 (Mad) 578, 38 D.L.R. 47, 35 D.L.R. 461 and A.I.R. 1950(Cal) 178. Lawyers Involved: A.F.M. Shahid, Advocate -For the Petitioners. Abdul Kuddus Miah, Advocate-For the Opposite Party Nos. 1-15. Civi......he Advocate Commissioner has not yet been accepted and the same has been kept with the record and acceptance or otherwise will be decided by the learned Munsif when the evidence will be placed at the time of trial of the suit. As the learned Munsif has not yet accepted the report of the Commissioner......a is under treatment for Bronchitis & severe Bronchial asthma for the last two months.” He is now bed ridden & too weak to move. He is advised complete rest in bed & treatment till recovery. Sd/ (Illigible) 26.8.84. 20. From the perusal of the medical certificate it is ......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ..Category: Procedural Law | Date: | Hits: 95
....others............Opposite parties
Judgment
October 27, 1987.
Cases Referred to-
38 DLR (AD) 70; BLD 1986(AD) 49; 20 DLR 1968; AKM Shamsuddin Versus Government of Bangladesh, 28 DLR 1976 at page 117.
Lawyers Involved-
Abdul Wadud Khondker, Advocate-for the petitioner.
Syed J....... the construction of the project which was due to start in 1982. But due to delay in releasing the proposed loan by the Bank the costs of project increased and the project could not be started in due time. In the mean time the Bank started Miscellaneous Case No. 43 of 1985, in the Court of the Distr......nk the costs of project increased and the project could not be started in due time. In the mean time the Bank started Miscellaneous Case No. 43 of 1985, in the Court of the District Judge, Sylhet for recovery of the loan dues. On 24.2.87 the petitioner's husband was arrested and brought to Dhaka Cen......
Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compliance.
Syed Fazle Ahmed J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 193...
Category: Banking Law | Date: | Hits: 151
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
....ion 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ...... homestead of the informant, goods and articles worth Tk. 7,317/- from the homestead of P.W 4 Yusuf and goods and articles worth about Tk.715/- from the homestead of P.W. 5 Golam Abul Hossain. At the time of dacoity P.W. 1 Nur Mohammad recognised appellant No. 1 Rattan Kha @ Rattan. P.W. 4 recog......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ..Category: Criminal Law | Date: | Hits: 49
State Vs. MA Monir & Others, 1987, 16 CLC (HCD)
.... Ed. This Case is also Reported in: 40 DLR (1988) 183.......to trace out the contemner No. 1 and to execute the sentence passed against him as and when he is apprehended. 12. The contemner Nos. 2-4 were directed to be present personally in the Court at the time of hearing. The contemner No. 3 is present but contemner Nos. 2 and 4 have filed an affidavit......ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183.......ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183...Category: Criminal Law | Date: | Hits: 35
Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)
....cted to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......ubt. Now let us consider the contention of the learned Advocate for the appellant. The learned Advocate for the appellant submitted that the delay in lodging the F.I.R creates doubt as to the manner, time and place of occurrence as stated in the F.I.R. So far as the delay in filling the F.I.R. is co......e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ..Category: Criminal Law | Date: | Hits: 93
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....l is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ......2 Sk. Nowsher Ali gave out in June 1981 that he was going to be transferred from Jamalpur. P.W. 2 pressed the appellant hard for an early disposal of the aforesaid money execution case. At about this time defendant Kafiluddin was also trying to sell out the suit property under attachment to third pa....... Nowsher Ali who was the Manager of Pubali Bank, Main Branch, Jamalpur, the appellant filed in the 4th Court of Subordinate Judge, Mymenshingh, Money Suit No. 3A/79 against one Kafiluddin Islami for recovery of a loan of Tk. 50,000/- which was obtained by Kafiluddin in 1975. The appellant obtaine......ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ..Category: Others | Date: | Hits: 72
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....vil Rule No. 335(F) of 1984 with Civil Rule No. 11(F) of 1985. Judgment Mustafa Kamal J. - These Rules call upon the plaintiff opposite party Nos. 1-3 and 12-13 to show cause why the judgment dated 7.12.82 passed in F.A. No. 32 of 1967 by this Division should not be set aside after review und......een no delay in filing the present application for review. 11. Section 14(2) of the Limitation Act is as follows:- "(2) In computing the period of limitation prescribed for any application, the time during which the applicant has been prosecuting with due diligence another civil proceeding, wh......ke out any case for reception of additional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165.......ke out any case for reception of additional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165...Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
..............................Petitioners Vs. Additional Deputy Commissioner, Khulna & others...............Opposite Parties Judgment August 30, 1987. Cases Referred to- Halima Khatun's case 30 DLR (AD) 20; Nasiruddin Vs. Government of Bangladesh 32 DLR (AD) 216; 30 DLR (AD). ......8. In this case no one appears to oppose the Rule at final hearing though the learned Assistant Attorney General and the Deputy Attorney General at Jessore appeared in hiss matter and prayed for some time which were allowed but no affidavit-in-opposition had been filed by the Government for reason...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ..Category: Property Law | Date: | Hits: 36
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....nment of Bangladesh and others…………………. Respondents Judgment August 1, 2001. Cases Referred To- In the cases of Habiba Mahmud vs. Bangladesh and others 45 DLR (AD) 89, Abdul Latif Mirza vs. The State 31 DLR (AD) 1, Md. Khair Ahmed vs. Bangladesh and others 40 DLR 353, Abdul ......ns have fallen to rocks. It will be an exercise in futility if the Government goes on making unsustainable orders and the High Court Division in turn goes on striking them down. It will be wastage of time and resources and will cause erosion not only in the adjudicatory system but also in the mind o......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......rested on information that he was involved in the Murgi Milon murder case; that the detenu under cover of his political association with the opposition has been carrying on smuggling of gold, illegal arms on an international scale; that he is the god-father of a group of local terrorists. And that o..Category: Criminal Law | Date: | Hits: 45
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
.... 35 DLR (AD) 338; Brindaban Chandra Chowdhury vs. Rezia Begum; 16 DLR 77; Md. Shukura vs. Ram Chandra Kapali, 6 DLR 393. Lawyers Involved: Mahmudul Islam with AHM Mushfiqur Rahman, Advocates — For the Petitioner. Md. Ismail with Shihabuddin Mahmood, Advocates—For the Opposit......to opposite party No. 29, mother of the preemptor, and on 20-07-54 further transferred 30 decimals to the father of the preemptor. Similarly, Golam Mowla transferred the rest of his land at different times to different persons, and thus, he exhausted all his interest in said 2.36 acre of land of CS ......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ..Category: Property Law | Date: | Hits: 39
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....ssions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......ure as noted in the report. 8. We have considered all these evidence adduced by the prosecution and we hold that the death of Shamsu Sikder occurred as a result of injuries sustained by him at the time of occurrence. We are now to consider as to whether the condemned prisoners committed the offen......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ..Category: Criminal Law | Date: | Hits: 36
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
.... Supreme Court . High Court Division . (Civil Revisional Jurisdiction) Present: Md. Abdus Salam J Sufia Islam Shila and another………………… Petitioners Vs. Shakhawat Hossain and others………………Opposite Parties Judgment May 22, 2001. Cases Refer...... filed the suit for permanent injunction, mandatory injunction and on 8-6-98 filed a prayer for temporary injunction. 5. On 8-6-98 the defendant opposite party Nos. 1 and 2 appeared and prayed for time to file the written objection and written statement. 6. The plaintiff-petitioners filed an a...... Afia Khatun purchased the entire schedule property in auction; that Indramati Dasya filed Title Suit No.48 of 1953 in the Court of 6th Munsif, Dhaka for declaration of her title and interest and for recovery of khas possession of the ‘A’ schedule property against the auction purchaser Afia Khat......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ..Category: Property Law | Date: | Hits: 28
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
.... DLR (2002) 175.......inance, 1985 has been given an overriding power. Section 3 of this Ordinance provides “the provisions of this Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force.” Section 5 of the Ordinance further provides “….a Family Court shall have...... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175....... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175...Category: Family Law | Date: | Hits: 186
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