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Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)

....ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ...... search warrant under section 98 of the Code of Criminal Procedure to recover the above mentioned belongings of the complainant from the house of the accused‑persons. 3. On the basis of the aforesaid allegations, the Metropolitan Magistrate, Dhaka, issued a notice upon the accused‑petitio......ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ...... March 21, 2004. Cases Referred to- Qari Habibullah Belali Vs. Capt. Anwarul Azim 40 DLR 295 & Syed Mohammad Hashem alias Hashem Vs. State 1995 BLD (AD) 115 =48 DLR (AD) 87. Lawyers Involved: Khurshid Alam Khan, Advocate‑For the Petitioners. Fazilatun Nessa,..

Category: Criminal Law | Date: | Hits: 49

Sultan Mahmud Chowdhury Vs. Secretary, Ministry of Public Works and Urban Development & others, 2004, 33 CLC (HCD)

....ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 269. ......appeal against the decree dated 12‑3‑2001 passed by the Subordinate Judge and Arbitration Court at Dhaka in Title Suit No. 3 of 2000, which dismissed the suit. 2. Plaintiff instituted the suit for a decree of declaration that memo dated 12‑10‑1994 canceling lease and that dated 29‑10‑......ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 269. ......try of Public Works and Urban Development & others........Respondents Judgment March 22, 2004. Case Referred to- Sati Prasanna Mukherjee and others Vs. Md. Fazel, AIR 1952 Cal 320. Lawyers Involved: Dr. Rafiqur Rahman with Hashnat Quayum, Advocates-For the Appellant. JH Afri..

Category: Property Law | Date: | Hits: 73

Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)

....e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ......1) of the Code of Civil Procedure against an order dated 13‑7‑1999 passed by the Subordinate Judge and Artha Rin Adalat (In-charge) at Sylhet in Title Suit No. 46 of 1998, which rejected a prayer for an expert opinion. 2. Short facts for disposal of the Rule are that on 25‑9‑1991 opposite......e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ...... Nitai Chand Shah and another Vs. Md. Aga Khan and another, 1 BLT (AD) 46; Kessarbhai Vs. Jethabhai Jivan, AIR 1928 PC 277, Pratiq Bandhu Roy and others Vs. Alok Bandhu Roy and others, 49 DLR 241. Lawyers Involved: Khijir Ahmed, Advocate‑For the Petitioner. Surujit Bhattacharjee, Advocate..

Category: Property Law | Date: | Hits: 61

Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)

....hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ......resented a cross-appeal from same order. 3. On or about 29‑11‑2000, the owner made an application under section 7(aaa) of the (Emergency) Requisition of Property Act, 1948 (Act XIII of 1948) before the arbitrator for compensation of Taka 179,16,50,000 for acquisition of 11.575 acres of land. ......hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ......, Poona, AIR 1988 SC 1652; Abdul Gafur Khan Vs. Bangladesh, 4.2 DLR (AD) 99; Bangladesh Vs. Abdul Khaleque and others, 29 DLR (SC) 110; Abdul Gafur Khan and others Vs. Bangladesh 36 DLR (AD) 163. Lawyers Involved: Md. Rafiqul Islam with Md. Nazimuddin and Abdul Basit, Advocates-For the Appell..

Category: Property Law | Date: | Hits: 77

Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)

....h the case from the stage before discharging of the accused­-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......arim, Advocate-For the Petitioner. Akram Hossain, Advocate-For the Opposite Parties. Criminal Miscellaneous Case No. 3386 of 2003. Judgment Sheikh Rezowan J.- On an application by the informant‑petitioner under section 561A of the Code of Criminal Procedure a rule was issued calling ......h the case from the stage before discharging of the accused­-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......lam, 40 DLR 310; Nannu Gazi Vs. Awlad Hossain and others, 43 DLR (AD) 63; Farhad Hossain (Md) and others Vs. State, 50 DLR 337 & Sher Ali (Md) and others Vs. State and another, 46 DLR (AD) 67. Lawyers Involved: SM Rezaul Karim, Advocate-For the Petitioner. Akram Hossain, Advocate-For t..

Category: Administrative Law | Date: | Hits: 223

Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)

.... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ......order dated 6‑10‑2003 passed by the learned Judge of the Nari‑O‑Shishu Nirjatan Daman Tribunal No.1, Chandpur in Nari‑O‑Shishu Nirjatan Daman Case No. 24 of 2002 rejecting the application for recalling the prosecution witnesses under section 540 of the Code of Criminal Procedure. 2. T...... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ......D (AD) 9 =46 DLR (AD) 186; Mohiuddin Howlader Vs. State, 1994 BLD 82; Shamsul Haque Ladu and another Vs. State, 2000 BLD 531 = 5 BLC 550; Nozrul Islam @ Monto Vs. State, 1999 BLD 188 = 50 DLR 103. Lawyers Involved: Md. Abdul Alim Miah, Advocate-For the Appellant‑Petitioners. Sheikh A Awal..

Category: Criminal Law | Date: | Hits: 48

Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)

..... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......In the application it has been stated that the petitioner is General Secretary, District Committee of youth front of the main opposition political party of the country and a bona fide businessman and for his protection he was given a licence in 1998 to hold a Rifle and he renewed the said licence fr....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......ecretary, Ministry of Home Affairs and other….Respondents Judgment March 24, 2003. Case Referred to- Sk Ali Ahmed Vs. Secretary, Ministry of Home Affairs and others, 40 DLR (AD) 170. Lawyers Involved: MK Rahman with Md. Ruhul Quddus Advocate-For the Petitioner. MA Azim Khair, ..

Category: Criminal Law | Date: | Hits: 63

Grameen Bank Karmachari Union Vs. Member, Labour Appellate Tribunal Dhaka and others, 1998, 27 CLC (HCD)

.... the result, the Rule is made absolute without however any order as to cost. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 179. ...... briefly (IRO) on 10-3-91 bearing Registration No.B-1935. 3. Facts of the petitioner’s case, briefly stated, are: (a) that respondent No.2, the Registrar of Trade Union filed an application before the Chairman, Second Labour Court Dhaka under section 10(2) of the Industrial Relations Ordinan...... the result, the Rule is made absolute without however any order as to cost. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 179. ......J Grameen Bank Karmachari Union………………..Petitioner Vs. Member, Labour Appellate Tribunal Dhaka and others……………………..Respondents Judgment October 28, 1998. Lawyers Involved: Md. Khalilur Rahman with Mahbubul Hoque and Afsar Zahan, Advocates — For the ..

Category: Labour and Industrial Law | Date: | Hits: 186

State Vs. Shah Alam, 2003, 32 CLC (HCD)

.... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ...... Ara sent her eldest daughter Jannati Khatoon, aged about 10 years, to Chandihara Hat to buy some coconut oil and poultry medicine. Since she did not come back home till the evening PW6 Rowshan Ara informed the matter to Delwar Hossain, Mabul and Patu Mia and other neighbours and asked them to look ...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ........................Condemned Prisoner Judgment November 10, 2003. Cases Referred to- Abul Kashem and others Vs. State, 1990 BLD (AD) 210; Abdul Khaleque and others Vs. State 48 DLR 446. Lawyers Involved: Golam Kibria, Deputy Attorney‑General with Ms. Snigdha Huq, Assistant Attorne..

Category: Criminal Law | Date: | Hits: 54

Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)

.... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ......whereby Md. Arab Ali was appointed as his constituted attorney. 2. The opposite party No.1 as plaintiff instituted Title Suit No. 6 of 1994 in the Court of the Assistant Judge, Chandina in Comilla for cancellation of the disputed sale deed as being forged, fraudulent and without consideration and...... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ......da Chakraborty and others...................Opposite Parties Judgment November 20, 2002. Case Referred to- Anath Bandhu Guha and Sons Ltd. Vs. Babu SS Halder @ SS Dey, 42 DLR (AD) 244. Lawyers Involved: Not present-the Petitioner. AB Roy Chowdhury, Advocate-For the Opposite Part..

Category: Property Law | Date: | Hits: 65

Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)

....rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ......nt order of respondent No.2, the appraiser, Customs House, Bandar at Chittagong dated 1‑3‑1999 directing to assess the customs duty by adjustment at 1.4508 of the Invoice value. 2. Short facts for disposal of the Rule are that, the petitioner imported 10,400 reams of "Dragon Brand" cigarette ......rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ......r of Customs and others ………….Respondents Judgment July 7, 2003. Case Referred to- Mustafa Kamal and another Vs. Commissioner of Customs and others 5 MLR (AD) 1 = 52 DLR (AD) 1. Lawyers Involved: AFM Mesbahuddin Ahmed with AM Aminuddin, Advocates-For the Petitioner. Syeda..

Category: Fiscal/Taxation Law | Date: | Hits: 78

M/S. OK International Vs. Commissioner of Customs & others, 2009, 38 CLC (AD)

....sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122.......ing the Rule. 2. The facts of the cases are more less similar however the facts of the Writ Petition Nos. 511 of 1998 are as under:- The appellant, a firm, encouraged by the registration of his foreign supplier by the National Board of Revenue under Import Particulars Registration Scheme pursu......sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122.......OK International................................Appellant (In all cases) Vs. The Commissioner of Customs & others ..............Respondents (In all cases) Judgment March 19, 2009. Lawyers Involved: A. F. Hassan Arif, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate..

Category: Fiscal/Taxation Law | Date: | Hits: 86

H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)

....fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ...... Md. Tazul Islam, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 8. (Appeared with the leave of the Court) Not represented-Respondent Nos. 1-7. Civil Petition for Leave to Appeal No.1162 of 2008. (From the judgment and order dated 30.09.2007 passed by the ......fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ......of People's Republic of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariate, Ramna, Dhaka and others.................Respondents Judgment March 23, 2009. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Md. Tazul Islam, Advoc..

Category: Civil Law | Date: | Hits: 90

Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)

....e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......on under section 115 of the Code of Civil Procedure against order No. 13 dated 25‑11‑2001 passed by Subordinate Judge, Court No. 5 at Dhaka in Title Suit No. 31 of 2001, which rejected the prayer for stay of further proceedings of the suit. 2. Opposite party No.1, a firm engaged in exporting ......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......: The Rule is made absolute with costs. Cases Referred to- Damodar Valley Corporation Vs. KK Kar, AIR 1974 SC 158; Ms Bindra Builders Vs. Delhi Development Authority, AIR 1985 Delhi 370. Lawyers Involved: Md. Khalilur Rahman with Z R Chowdhury, Advocates-For the Petitioner. Rokanu..

Category: Alternative Dispute Resolution | Date: | Hits: 245

Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)

.... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ......le Suit No. 2 of 1959 in the Court of Assistant Judge, Nesarabad, District Pirojpur rejecting the petitioner's application under section 152 of the Code of Civil Procedure. 2. The learned Advocate for the petitioner, Mr. Chandi Charan Paul, being unable to be present in Court due to his illness, ...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ...... Sk alias Janab Ali Sk & others 29 DLR 81; Chaganty Katarnraju Vs. Madavarappu Paripurnanandarn AIR 1949 (Madras) 282; Sree Narayan Chandra Panda Vs. Md. Mahbub Ali and others, 9 BLT (AD) 197. Lawyers Involved: Sadananda Rana, Advocate on behalf of Chandi Charan Paul, Advocate-For the Peti..

Category: Property Law | Date: | Hits: 61

Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)

....sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ...... of 1995 (out of Baskhali PS Case No. 7(12) 1993 convicting the accused appellants Shamsul Alam and Razzak under sections 395/397 of the Penal Code and sentencing each of them thereunder to suffer RI for 7 (seven) years and to pay a fine of Taka 1000 (one thousand) in default to suffer RI for 1 (one......sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ..

Category: Criminal Law | Date: | Hits: 54

Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)

....er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ......For the Petitioner Mainul Hosein with Md. Mozzamel Huq, Advocates-For the Opposite Party No. 2. Criminal Revision No. 579 of 2000. Judgment Amirul Kabir Chowdhury J.- At the instance of informant Md. Abdur Rahman Kha, on an application under section 439 of the Code of Criminal Procedure,......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ...............Petitioner Vs. State...................................Opposite Party Judgment January 19, 2002. Cases Referred to- Kanhaiya Vs. Kashi Nath Tewari and others, 1979 Criminal Law Journal 409 (Allahabad); Thakur Ram and others Vs. State of Bihar, 1966 Criminal Law Journal 700..

Category: Criminal Law | Date: | Hits: 82

Mohammad Syed Vs. State, 2004, 33 CLC (HCD)

....discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ......nding to GR No. 128 of 2003 under sections 406/420/467/468/471/109 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Chittagong should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule is that, the opposite party No. 2 as informant lodged an FIR......discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.....Accused-Petitioner Vs. State, represented by the Deputy Commissioner and another…..Opposite-Party Judgment February 17, 2004. Lawyers Involved: Md. Khurshid Alam Khan, Advocate-For the Accused-Petitioner. Sanjib Kanti Ch..

Category: Criminal Law | Date: | Hits: 45

Rezia Khatun Vs. State, 2004, 33 CLC (HCD)

....Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208......., being wife of the opposite party No.1 Idris Ali, instituted a complaint case alleging that during subsistence of marriage between them, the opposite party No.1 married one Aklima Akhter alias Mukta for the 2nd time without taking permission of the Chairman, Union Parishad and without knowledge of ......Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208.......……………..Petitioner Vs. State……………………………….Opposite Party Judgment March 13, 2004. Case Referred to- Abdul Hamed Mollah Vs. Ali Mollah 44 DLR (AD). Lawyers Involved: Khurshid Alam Khan, Advocate-For the Petitioner. Md. Altafur Rahman, Deputy ..

Category: Criminal Law | Date: | Hits: 39

GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)

....r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ......y the proceeding of Petition Case No. 1741 of 2000 under section 138 of Negotiable Instruments Act, 1881 now pending in the Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule, in brief, is that the opposite party No.1 as complainant fi......r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ...... = 1 BLC (AD) 169; Aziran Khatun Vs. Abu Tayeb, 39 DLR 272; Md. Ayub Ali Bangali ys. Mia Munir Ahmed and others, 1993 BLD 224 = 46 DLR 307 & Nabiran Bibi Vs. Md. Parma Miah and others, 52 DLR 394. Lawyers Involved: Mahbuby Alam with Md. Abdul Alim Miah, Advocates-For the Accused-Petitioner. ..

Category: Banking Law | Date: | Hits: 237