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State Vs. Moslem, 2002, 31 CLC (HCD)

....upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......he train of crime could not be stopped. Social stability and an order are required to be regulated by proceeding against the offenders and by imposing proper punishment mandated by law. Society's cry for justice becomes louder and Court must hear the loud cry for justice by society, more particularl......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......…………………………………..….Condemned Prison Judgment October 30, 2002. Cases Referred To- Abdus Samad Vs. State, 16 DLR (SC) 261; Tulsi Gangota Vs. Emperor, 34 Criminal Law Journal 395; Hazer Ali Mandal and others Vs. State, 37 DLR (AD) 87; Nazir and Others Vs. State, ..

Category: Criminal Law | Date: | Hits: 82

Maksuda Begum Vs. Secretary, Ministry of Home Affairs and 2 others, 1999, 28 CLC (HCD)

....ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174.......- This Rule was issued calling upon the opposite parties to show cause as to why the detenu Abul Hossain Mia @ Abul Hossain Pada & Abul Pada detained in Dhaka Central Jail should not be brought before this Court to be dealt with in accordance with law. 2. The detenu was detained by order date......ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174.......ury J Maksuda Begum…………….………………….Petitioner Vs. Secretary, Ministry of Home Affairs and 2 others……………Opposite Parties Judgment October 27, 1999. Lawyers Involved: Golam Mohammad Chowdhury, Advocate—For the Petitioner. Md. Mostafa, Assist..

Category: Criminal Law | Date: | Hits: 44

Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)

....de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172.......as to why the order dated August 31, 1997 passed by the learned Subordinate Judge, First Court, Comilla in Title Suit No.27 of 1997 should not be set aside. 2. The portrayal of the essential facts forming the background of the issuance of the Rule is that the petitioners of this Rule Sree Sree Go......de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172.......AK Badrul Huq J Sree Sree Goranga Bishnu Priya and others……………………Petitioners Vs. Afzal Khan and others………………..Opposite Parties Judgment March 1, 1999. Lawyers Involved: Faruque Ahmed, with Ms. Quamrun Nessa, Advocates—For the Petitioners. Not ..

Category: Civil Law | Date: | Hits: 66

Engineer Consultants and Associates Ltd. Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka, 1999, 28 CLC (HCD)

....in favour of the applicant. Accordingly this reference is answered in the negative and the parties are left to bear their own costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 170.......0 in the Survey Work Account. Further disallowed an amount of Taka 4,93,930.00 in the Special Consultancy Survey Account and finally disallowed another amount of Taka 6,44,000.00 out of the liability for bills payable account. Against that assessment order the applicant preferred an appeal to the Ap......in favour of the applicant. Accordingly this reference is answered in the negative and the parties are left to bear their own costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 170.......axes, Intelligence and Investigation Zone Dhaka……………Respondent Judgment August 23, 1999. Cases Referred To- Bangladesh Taxes Decision 26 BTD (1998) (HCD); (1994) 12 ITR 393. Lawyers Involved: Khan Faziul Quadir Advocate—For the Applicant. Not represented— the Resp..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Ahsan Ullah (Md) Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice and others, 1998, 27 CLC (HCD)

.... 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.......A’ and the Impugned Notice dated 12-7-95 Annexure ‘B’ to the petition should not be declared to have been made without any lawful authority and to be of no legal effect. Pending hearing of the aforesaid Rule the operation of the impugned orders vide Annexures ‘A’ and ‘B' was stayed by th...... 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.......l Jurisdiction) Present: Qazi Shafiuddin J Md. Abdul Aziz J Ahsan Ullah (Md).....................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice and others…………Respondents Judgment June 30, 1998. Case Referred To..

Category: Employment/Service Law | Date: | Hits: 76

Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)

....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. ......A Khatian as owner of the suit land. The last RS record has been published in his name. Abu Sufian died leaving behind defendant Nos. 1-9 while Firoz Bhuiyan died leaving behind the plaintiff and pro forma defendant No. 10. The defendants claimed the land on the basis of RS record. The plaintiff on ......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. ...... November 5, 2000. Cases Referred To- Munsur Ali Mallik vs. Md 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. ..

Category: Property Law | Date: | Hits: 23

Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)

....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.......lication No. 27 of 1992 Bangladesh Chemical Industries Corporation is the respondent and Revenue is the applicant. 4. In these four reference applications the Taxes Appellate Tribunal treated the aforesaid corporations as Local Authority and exempted them from paying taxes under section 4(3) (iii......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.......��………………..Respondent Judgment June 27, 2000. Cases Referred To- BSIC vs. Mahbob Hossain, 29 DLR (SC) 41; AZ Rafique Ahmed vs. BCSIR, 32 DLR (AD) 83; AIR 1963 (SC) 1891. Lawyers Involved: Dabiruddin Ahmed, Deputy Attorney-General with Md. Abdur Rahim Bhuiyan, Assista..

Category: Fiscal/Taxation Law | Date: | Hits: 94

Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)

....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.......d 31-5-1990 and 14-6-1990 respectively passed by the Assistant Judge Shaharasti, Chandpur, in Title Suit No.54 of 1989 decreeing the suit with cost should not be set aside. 2. The facts, in brief, for disposal of the Rule are that the petitioners as the plaintiffs instituted the suit for permanen......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....... others, 2 DLR 360; Jahanara Begum vs. Aminul Islam Chowdhury and others, 50 DLR (AD) 52; Abdul Jalil Munshi and another vs. Abu Bakar Siddique, 35 DLR (AD) 42; Abdul Hayat vs. MA Reja 47 DLR 170. Lawyers Involved: Shahabuddin Ahmed, Advocate— For the Petitioner. Nikhilesh Dutta, Advocate..

Category: Property Law | Date: | Hits: 33

Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)

....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. ......nt Mr. Hossain, Proprietor of the National Bag Traders opened a letter of credit No. MYB/PB/ Cash/214/ 2000 dated 6-8-2000 through Mutual Trust Bank Ltd. having its principal branch at 7-8, Motijheel for an amount of US $ 45,936 for import of finishing agent from Korea. The appellant received invoic......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. ......Awlad Ali J Syed Md. Dastagir Husain J Hossain……… Appellant Vs. Customs, Excise and VAT Appellate Tribunal and others……… Respondents Judgment October 22, 2001. Lawyers Involved: Md. Nurul Islam Chowdhury, Advocate—For the Appellant. Sarder Jinnat Ali..

Category: Fiscal/Taxation Law | Date: | Hits: 70

Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)

....ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......om the judgment and order dated 27.04.2009 passed by this Division in Civil Appeal No. 175 of 2007 along with Civil Petition No.290 of 2007.) Judgment Md. Abdul Matin J. - This review petition for leave to appeal is directed against the judgment and order dated 27.04.2009 passed by this Divis......ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431....... Hossain J Surendra Kumar Sinha J Mahmudul Huq.................................Petitioner Vs. Mostafa Kamal and others.....................Respondents Judgment February 28, 2010. Lawyers Involved: Ajmalul Hossain, Senior Advocate instructed by M. G. Buiyan, Advocate-on-Record..

Category: Others | Date: | Hits: 81

Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)

....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. ......is that one Gopal Chandra Bhowmick instituted Title suit No. 83 of 1984 in the 3rd Court of Munsif, Comilla against one Suruj Miah, the predecessor-in-interest of opposite party No. 1-15 and others for declaration of right, title and interest of the plaintiff in the suit properties and also for de......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. ......l), 173, (Sris Chandra Nandy Vs. Sm. Annapuma 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-Fo..

Category: Procedural Law | Date: | Hits: 95

Mrs. Tahera Islam Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others, 1987, 16 CLC (HCD)

.... 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....... 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.R. Modassir Hossain, Deputy Attorney General- for the Opposite parties...... 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.........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.R. Modassir Hoss..

Category: Banking Law | Date: | Hits: 151

Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)

....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. ......Abdul Mannan Kha @ Mana Kha, No. 5 Fazlul Huq @ Fazlul Huq Howlader and No. 6 Hanif @ Md. Hanif were convicted under sections 395/397 of the Penal Code and sentenced to suffer rigorous imprisonment for 75 years each by Mr. D.N. Chanda, Additional Sessions Judge, 2nd Court, Patuakhali in Sessions......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. ......Haripada Devenath and another Vs. The State,19 DLR (Dhaka) 573; State Vs. Jatindra Kumar Sulradhar alias Dhan, 20 DLR (Dhaka) 526; Abdul Wahab and others Vs. King Emperor, AIR 1925 (All 223). Lawyers Involved: Md. Abdus Sobhan with SMA Malek – For the appellants. AKM Zahirul Hu..

Category: Criminal Law | Date: | Hits: 49

State Vs. MA Monir & Others, 1987, 16 CLC (HCD)

....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.......Mustafa Kamal J. - This Rule of contempt was issued by the erstwhile Comilla Bench to which one of us was a party asking the four contemners to show cause why they shall not be convicted and punished for contempt of Court for writing, edition, printing and publishing a letter to the Editor captioned......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.......nt: Mustafa Kamal J Mohammad Ismail Uddin Sarker J State.....................Petitioner Vs. MA Monir & Others..........Contemner Opposite Parties Judgment August 26, 1987. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General - For the State. Mozammel H..

Category: Criminal Law | Date: | Hits: 35

Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)

....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....... the plaintiffs, Baser and then Yasin died as bachelors. Thereafter died Saiyad Banu leaving behind her husband and children defendant Nos. 2 to 7. Meser was also unmarried and he remained untraced for over 40 years. He was presumed to be dead. His share devolved upon his only surviving brother ......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........................Petitioners Vs. Safar Ali & others.............Opposite Parties Judgment March 24, 1988. Case Referred to- West Pakistan Vs. Gulzar Mohammad, 21 DLR (SC) 46. Lawyers Involved: M.H. Khondoker, with AJ Mohammad Ali - For the Petitioners. Rafiqur Rahman w..

Category: Property Law | Date: | Hits: 29

Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)

.... 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. ......exchange. Both the brothers, Parimal Kumar Nag and Nirmal Kumar Nag, delivered to Shamsu Ghani and executed deed of exchange on 28.2.64 and 1.4.64 respectively. Shamsu Ghani was put in possession before the registration. Shamsu Ghani thereafter mutated his name in the Khulna Municipality and sub......ners of the property and more so as the Abandoned Property Authority is not disputing plaintiffs claim but the learned Subordinate Judge inspite of that finding dismissed the suit on a finding that Martial Law Regulation No. VII of 1977 bars all Court's jurisdiction to entertain any dispute as t.....................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). Lawyers Involved: Miah Abdul Gafur, Advocate - For the Petitioner. Not Represented - the oppos..

Category: Property Law | Date: | Hits: 36

Belal Ahmed Vs. State, 1987, 16 CLC (HCD)

....liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ......ct Magistrate, Sylhet in G.R. Case No. 81/83 convicting the present accused under section 324/34 and another under section 324 of the Penal Code and sentenced them to suffer rigorous imprisonment for one year each only. 2. The prosecution case in short is that on 12.9.83 at about 8 P.M. the i......liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ...... Present: Qazi Shafi Uddin J Belal Ahmed…………………………….Petitioner Vs. The State………………………………..Opposite Party Judgment June 25, 1987. Lawyers Involved: Surendra Kumar Sinha, Advocate - For the Petitioner. Fazlul Hoque, Assistant..

Category: Criminal Law | Date: | Hits: 38

Government of Bangladesh and others Vs. Md. Shahinoor Bari and others, 2010, 39 CLC (AD)

....no substance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ......f 2010) M. Amir-ul Islam instructed by Md. Zahirul Islam, Advocate-on-Record-For Respondent No.1. (In Civil Petition No. 328 of 2010) Not represented- Respondent Nos. 2-13. Civil Petition for Leave to Appeal Nos. 328-29 of 2010. (From the judgment and order dated the 2nd day of June, ......no substance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ...... Vs. Nasir Ahmed Chwodhury, 22 BLD 2002 (AD) 199; Bangladesh Soya Protein Project Ltd. Vs. Secretary, Ministry of Disaster Management, 22 BLD (2002) 379; Golam Mustafa Vs. Bangladesh, 4 LG (2007). Lawyers Involved: Mrs. Nahida Yeasmin, Deputy Attorney General instructed by B. Hossain, Advocate..

Category: Employment/Service Law | Date: | Hits: 86

Kamaluddin Ahmed Sarwar alias Alhaj Kamaluddin Sarwar being dead his heirs Hasina Banu and others Vs. Mohammad Shahjahan and another, 2010, 39 CLC (AD)

....d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 421. ......to Leave to Appeal No.1060 of 2009. (From the judgment and order dated 27.10.2008 passed by the High Court Division in Civil Revision No.1802 of 2008.) Judgment SK Sinha J. - This petition for leave to appeal is directed against the judgment and order dated 27th October, 2008 of a Single ......d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 421. ......r being dead his heirs Hasina Banu and others..........................................Petitioners Vs. Mohammad Shahjahan and another................Respondents Judgment June 10, 2010. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Mahbub Ali, A..

Category: Procedural Law | Date: | Hits: 68

Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)

.... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55.......n-Record-For the Petitioner. Harun-Or-Rashid, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 8. Not Represented-Respondent Nos.1-7 & 9-11. Civil Petition for Leave to Appeal No.1774 of 2008. Judgment Shah Abu Nayeem Mominur Rahman J. - This leave ...... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55.......n Shah Abu Nayeem Mominur Rahman Banesa Bibi……………………….....Petitioner Vs. The Senior Vice-President and others………......Respondents Judgment April 19, 2009. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate..

Category: Civil Law | Date: | Hits: 81

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