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Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)
....he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ......he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ...... Lawyers Involved: Md. Abdur Razaque Khan, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Criminal Petition for Leave to Appeal No. 253 of 2009. (From the judgment and order dated the 2nd day of June, 2009 passed by......obtaining clearance. The learned Counsel finally submitted that all SRO's and documents relating to clearing of imported goods at Sona Masjid, pursuant to provision of customs Act notices as point of law was duly produced in the High Court Division by supplementary affidavit but although these are i..Category: Criminal Law | Date: | Hits: 55
Managing Director, Dhaka WASA Vs. Meer Awlad Hossain and others, 2010, 39 CLC (AD)
....vice." Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 45.......vice." Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 45....... is also Reported in: VIII ADC (2011) 45.......ivision upon hearing the parties by the impugned judgment made the rule absolute and declared the deduction of Tk. 201117.7 from the retirement benefit of the writ petitioner as has been made without lawful authority and directed the writ respondents to pay the said amount to the writ petitioner wit..Category: Employment/Service Law | Date: | Hits: 87
District Registrar, Manikgonj Vs. Md. Shariful Islam and others, 2009, 38 CLC (AD)
.... of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 26. ......inistry within one month but the plaintiff did not comply with the same after it was detected that the plaintiff did not have the requisite qualifications for being appointed as a nikah registrar and accordingly his license as nikah registrar was cancelled. The learned Assistant Judge, after hearing................Respondents Judgment November 15, 2009. Lawyers Involved: Mazibar Rahman, Advocate-on-Record-For the petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 253 of 2009. (From the judgment and order dated 02.03.2008 passed by the High Court......r No.3 directing the plaintiff to remain present in his office on 21.4.1994 with the register, seal and other documents being illegal, beyond jurisdiction and contrary to the relevant provisions of law are not binding upon him. 4. The plaintiff filed the above suit on the averments that after p..Category: Civil Law | Date: | Hits: 106
Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)
....t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23.......t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23.......ndra Kumar Sinha J The Deputy Commissioner and another …………..........Petitioners Vs. Md. Abu Taher and another ……………………………………....Respondents Order October 13, 2010. Lawyers Involved: Karunamay Chakma, Deputy Attorney General, instructed by B. ......arties by the impugned judgment dated 19th April, 2007 made the rule nisi absolute and directed the writ respondents to reopen the exchange case in question and dispose of the same in accordance with law within 6(six) months from the receipt of the judgment. 6. We have heard the learned Deputy At..Category: Property Law | Date: | Hits: 81
Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)
....nd possession in the suit land and that the High Court Division misread and misconstrued Annexures-A and B to the revisional application and thereby arrived at a wrong decision occasioning failure of justice in discharging the Rule. The learned Advocate further submitted that the suit was barred by ......tle, if any, and that the Government, though was made party in the suit, did not contest the suit at the hearing and that the plaintiffs got their names mutated in the records of right and paid rents accordingly without any objection from any quarter and the Government thus accepted the plaintiffs a......ructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Nurul Amin, Advocate, instructed by Nurul Islam Chowdhury, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1189 of 2009. (From the judgment and order dated 24.02.2009 passed by the High Court......laiming their title and possession, on the basis of registered deed from the vendors and that they got their names mutated in the records of right and paying rent to the Government in accordance with law. But the government recorded the suit land in the khas Khatian illegally and trying to settle ..Category: Property Law | Date: | Hits: 93
Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)
....bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ......bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ......12, 2010. Lawyers Involved: Md. Nurul Amin, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No.1409 of 2009. (From the judgment and order dated the 13th day of April, 2009 passed ......tted in evidence that নালিশী কবলা ভুক্ত জমি জমা ভাইয়ের পুত্র গন আবাদ করে” and that the High Court Division erred in law in not holding that without seeking consequential relief. The simple suit for declaration that t..Category: Property Law | Date: | Hits: 84
Commissioner of Customs and others Vs. Ruhul Amin Bachuchu and others, 2009, 38 CLC (AD)
....of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ......of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ......III ADC (2011) 14. ......of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ayesha Siddika and others Vs. Sayed Rafiqul Islam Rafiq and others, 2010, 39 CLC (AD)
....orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ......orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ......r the Petitioners. Md. Aminul Hoque, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos.1-8. Not Represented- Respondent Nos. 9-19. Civil Petition for Leave to Appeal No. 2264 of 2009. (From the judgment and order dated 6.8.2009 passed by the High Court ......Division in Civil Revision No. 2070 of 2009. 5. Mr. Abdus Salam Khan, learned Senior Counsel appearing for the petitioners, argued that the learned Single Judge of the High Court Division erred in law in not staying the further proceedings of the execution case in failing to consider that law e..Category: Property Law | Date: | Hits: 89
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....he intention of the legislature, one of the cardinal principles of interpretation of the statutes to be followed is that the intention which appears to be most in accordance with convenience, reason, justice and legal principles, should, in cases of doubt, be presumed to be the true one. Another ......r Sections 2 and 4(2) of the Ain of 2009 on 26.10.2009 long after the repeal of the Ain of 2002 by the Ordinance of 2008 and also after the enactment of the Ain of 2009 on 24.02.2009. It appears that according to the FIR occurrence took place from 01.01.2003 to 31.05.2007 when the Ain of 2002 was in...... represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others.......Respondents Judgment February 9, 2011. Cases Referred to- Md. Nazimuddin Vs. The State, 30 DLR 49 (FB) 70; T.S. Baliah Vs. Income-tax Officer, Madras, ...... 2002 was saved by the Ordinance of 2008 with some modifications of the provisions of the Ain of 2002 and the provisions of Ordinance of 2008 was saved by the Ain of 2009 and there is a continuity of law relating to the Money Laundering Protirodh Ain and as such the case should be disposed of under ..Category: Civil Law | Date: | Hits: 174
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
.... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ...... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ......in J State ………………………………………………Petitioner Vs. Saiful Islam and another ………….….Condemned Absconder Judgment July 22, 2003. Cases Referred to- Abdul Motaleb Howlader Vs. State, 6 BLC (AD)1; State Vs. Fazu Kazi alias Fazlur Rahman and ot......rence at about 4‑00 PM and went to the place of occurrence accompanying PW4, the Chairman of the local Union Parishad. He was a witness of the seizure list and he proved the same in accordance with law. PW3 Mustafa Kamal is also a witness of the seizure list and he proved the same. PW4. Kamaluddin..Category: Criminal Law | Date: | Hits: 84
Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)
....he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for rehearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ......he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for rehearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ......ing the Rule. 2. In the application for re‑hearing it has, been stated, inter alia, that the learned Advocate for the plaintiff-petitioner had been in some personal difficulties for which he had to remain out of Dhaka and move now and then from Dhaka to Chittagong and sometimes to Shariatpur du......e Division against the judgment and order passed by this Court which fact has been admitted by the applicant in the supplementary affidavit, so the application for re‑hearing is not maintainable in law and the same is liable to be rejected on the ground of maintainability. 7. It appears that th..Category: Property Law | Date: | Hits: 73
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....antime the plaint of the suit was rejected as barred by law apparently under article 23 of the President's Order No. 27 of 1972 but being aggrieved by the notice dated 9‑3-1986 a notice demanding justice was issued on behalf of the petitioner upon the respondents, calling upon them to withdraw, ......eing an industrial enterprise placed under clause (1) of Article 10, no provision of law relating to the winding up of the companies under clause 2 would apply to company in question in this case and accordingly, the plaint of' the Title Suit No. 81 of 1991 was rightly rejected. She further asserts ......ana……………………………………………….………Petitioner Vs. Government of Bangladesh and others …………….Respondents Judgment March 1, 2004. Cases Referred to- Buxly Paints Ltd Vs. Bangladesh Government 31 DLR (AD) 266; Chairman, Bangladesh Steel Mills ......ondents to show cause as to why the order of respondent No. 2 contained in Memo No. Liquidator/300/57/532 dated 9‑3‑1986 (Annexure‑1) should not be declared to have been made and issued without lawful authority and of no legal effect. 2. It is stated in the petition that the petitioner is ..Category: Business or Commercial Law | Date: | Hits: 194
Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
....ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ......ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ......rty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ...... that the Government of Bangladesh has imposed ban of the State Express 555 Cigarettes manufactured by the respondent No. 2 and therefore, the respondent No. 14 could not claim to be prejudiced under law. It has further been contended that since the mark of the appellant does not resemble the mark o..Category: Intellectual Property Law | Date: | Hits: 226
Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
....t by the Courts below. I do not find any illegality or irregularity committed by the Court of appeal below and there is no error of law resulting in an error in the decision occasioning failure of justice. In that view of the matter, the Rule is discharged without any order as to costs. The st......alid marriage and that finding is a finding of fact cannot be disturbed in the revisional jurisdiction. She further submits that the marriage during the pregnancy is not a void and irregular marriage according to sections 206/262 of Mohammedan Law by DF Mollah. She further submits that both the Cour......alias Md. Jashimuddin………..Defendant-Petitioner Vs. Dali Begum and another ………….......................Plaintiff Opposite Parties Judgment November 15, 2003. Cases Referred to- Dr. ALM Abdullah Vs. Rokeya Khatun, 21 DLR 213; Anwar Hossain Vs. Momtaz Begum, 4 BLC 521; Ab......hirul Hoque is not the legitimate child of the defendant No. 1 and, as such, the plaintiff and her son are not entitled to get any maintenance and that the suit has not been filed as per provision of law and that the plaintiff is a corrupt woman and she used to cohabit with various persons to earn m..Category: Family Law | Date: | Hits: 186
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......Bhuiyan J State ……………………………………Petitioner Vs. Billal Hossain Gazi ……………..Respondent Judgment April 13, 2004. Lawyers involved: Nikilesh Dutto, Deputy, Attorney-General with Md. Baset, Assistant Attorney-General and Fara Mahmuda Assistant A......harge under section 10(1) of the Nari‑o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995. The condemned prisoner remained in abscondance. The charge could not be read over to him. A State Defence lawyer was engaged for his defence. The prosecution in support of its case has examined 15 witnesses..Category: Criminal Law | Date: | Hits: 43
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
....order of conviction and sentence without properly weighing and sifting the evidence on record as is required by law and consequently the impugned judgment is liable to be set aside in the interest of justice. 8. Mr. SM Aminul Islam, the learned Assistant Attorney-General appearing for the State, ...... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ......rred To- Md. Abdul Khaleque and others Vs. State, 12 DLR (SC) 165. Lawyers involved: AFM Mesbahuddin with Khandaker Diliruzzaman, Advocates-For the Appellant. SM Aminul Islam, Assistant Attorney-General-For the State. Criminal Appeal No. 1371 of 1999. Judgment Gour Gopal Saha J......dvocate submits that since the prosecution has failed to examine any independent, natural and probable witness to support its case, the impugned order of conviction and sentence is not sustainable in law. The learned Advocate further submits that the learned Bishesh Adalat erred in law in passing th..Category: Criminal Law | Date: | Hits: 45
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
....sment by abusing the process of the Court. He has further argued that in a case like this Court exercising the inherent power can grant ad-interim bail to the accused-petitioner to secure the ends of justice. He has placed before us some case laws of the sub-continental jurisdiction. He referred to ......n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ......: Rafique‑ul Huq with Rokanuddin Mahmud, Faheemul Huq and Aneek R Haque, Advocates-For the Petitioner. Abdul Malek, Advocate-Specially appointed by the Government. Syed Abu Kowser Deputy Attorney-General-For the State. Criminal Miscellaneous Case No. 2259 of 2004. Judgment Md. Aw......04 dated 20‑3‑2004 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be called for to be satisfied that the petitioner is not being illegally harassed without due process of law. 2. The facts giving rise to the application succinctly are that the petitioner is one of the..Category: Criminal Law | Date: | Hits: 60
Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ...... tin buts thereon fully described in the schedule to the plaint. 3. Plaint case, in short, is that one Tamej Sheikh was owner in possession of 3 decimals of land including the suit land, which was accordingly record in his name in CS Khatian No. 315. Tamej Sheikh transferred said land to Nandalal......the plaintiff instituted the Suit in the aforesaid Court of Subordinate Judge at Manikganj for declaration of her title in 2 decimals of land with two tin buts thereon fully described in the schedule to the plaint. 3. Plaint case, in short, is that one Tamej Sheikh was owner in possession of 3 de......(1). It further held that defendant failed to prove that the suit land ever vested in the government. 9. On appeal therefrom, the appellate Court however held that the suit land was 'Chandina' and lawfully vested in the government and upon such view, allowed the, appeal, set aside the decree of t..Category: Property Law | Date: | Hits: 76
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....e entries in the diary are contrary to section 167 of the Code. Lastly, she contends that those orders were made mechanically without application of judicial mind, which should be quashed for ends of justice. 7. Learned Counsel has taken us through section 54 of the Code and section 3 of the Act,......er has the power to implicate him in that case, which has been done in respect of these detenus, whose complicity have been revealed in course of investigations made by the investigating officers and accordingly, they were shown arrested in accordance with law. He further contends that the learned M......………….Opposite Parties Judgment August 4, 2003. Cases Referred To- Gouri Shanker Jha Vs. State of Bihar, AIR 1972 SC 711; SK Dey Vs. Officer-in-charge Sukchi PS, AIR 1974 SC 871; Natobar Parida and others Vs. State of Urishaw, AIR 1975 SC 1465; State of MP Vs. Mobarak Ali, AIR 195......ules were issued calling upon the opposite parties to show cause why the detenus Liakat Sikder and Md. Rafiqul Islam Kotwal should not be brought before this Court to be dealt with in accordance with law or pass such other or further order or orders as to this Court may seem fit and proper. 2. It..Category: Criminal Law | Date: | Hits: 70
Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)
.... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ...... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ...... High Court Division (Civil Revisional Jurisdiction) Present: Bijan Kumar Das J Mahbubur Rahman…………………………………Petitioner Vs. Syed Mostofa Jaman and others………….Opposite Party Judgment December 2, 2002. Cas...... is amenable to the revisional jurisdiction of the High Court Division. 8. I have considered the submissions of the learned Advocates for both the parties and perused the relevant provision of law and the decision referred to by the parties. Union, Parishad Ordinance, 1983 provides that the E..Category: Election Law | Date: | Hits: 79
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