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Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

.... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480.......ner was living in the said flat, the Government tried to evict him along with other tenants from the said building and, in such situation, the petitioner and others filed Title Suit No. 111 of 1974 before the Third Court of Munsif, Dhaka for a declaration and for permanent injunction. After hearing ...... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480.......………..Respondents Judgment June 7, 2007. Cases Referred To- Sekander Ali Mia vs. Chairman, BIWTA 40 DLR (AD) 262, Shamsunnahar Salam vs. Mohammad Wahidur Rahman 51 DLR (AD) 232 . Lawyers involved: Md. Shakhawat Hossain, Advocate—For the Petitioner. AKM Salahuddin Khan, A..

Category: Property Law | Date: | Hits: 34

Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)

....e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ......77; Mallikpur Fishermen's Cooperative Society vs. Secretary, Ministry of Land 1995 BLD (AD) 243 = 48 DLR(AD) 88; Baber Ali Pramanik vs. Mosar Ali Pramanik 45 DLR(AD)120. Lawyers involved: Md. Jafor Ali, Assistant Attorney-General—For the Petitioners. M. Khaled Ahmed, Advocate—For the Op......e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ....... Tajul Islam 49 DLR (AD) 177; Mallikpur Fishermen's Cooperative Society vs. Secretary, Ministry of Land 1995 BLD (AD) 243 = 48 DLR(AD) 88; Baber Ali Pramanik vs. Mosar Ali Pramanik 45 DLR(AD)120. Lawyers involved: Md. Jafor Ali, Assistant Attorney-General—For the Petitioners. M. Khaled A..

Category: Property Law | Date: | Hits: 28

Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)

....‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ...... @ Kazal Khan and others, 50 DLR 544; Shafiq Mia and others Vs. Hafizuddin Ahmed and others, 11 DLR 353; Md. Azizul Bari Vs. Md. Ismail and another, 19 DLR 184. Lawyers Involved: None appears for the Parties. Civil Revision No. 156 of 1996. Judgment Md. Abdur Razzaque J.- This Rule......‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......tafa and others Vs. Kazem Ali Khan @ Kazal Khan and others, 50 DLR 544; Shafiq Mia and others Vs. Hafizuddin Ahmed and others, 11 DLR 353; Md. Azizul Bari Vs. Md. Ismail and another, 19 DLR 184. Lawyers Involved: None appears for the Parties. Civil Revision No. 156 of 1996. Judgment ..

Category: Property Law | Date: | Hits: 37

Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)

....the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ......impugned order dated 16-5-99 passed by the Subordinate Judge, 5th Court, Dhaka in Title Suit No.164 of 1998 complained in the petition moved in Court should not be set aside. 2. The facts relevant for the purpose of disposal of this Rule are, that the opposite-parties as plaintiffs has filed Titl......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ......ravartty J Mohsina Rahman alias Jaya………………………….Petitioner Vs. Abdul Majid and others…………….………………..Opposite Party Judgment June 24, 2001. Lawyers Involved: Bakhtiar Hossain, Advocate — For the Petitioner. MA Samad with Bazlul Kas..

Category: Civil Law | Date: | Hits: 77

Hamida Real Estate Construction Ltd. and another Vs. Malika Hasina Jahan (Lili) and others, 2007, 36 CLC (HCD)

.... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires. Ed. This Case is also Reported in: 59 DLR (2007) 470. ......ourt, Dhaka in Title Suit No. 407 of 2005 rejecting an application filed by the defendant-opposite party No. 1 under Order VII, rule 11(d) the Code of Civil Procedure and also allowing an application for temporary injunction under Order XXXIX, rule 1 and 2 of the Code of Civil Procedure restraining ...... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires. Ed. This Case is also Reported in: 59 DLR (2007) 470. ......on Ltd. and another ………….Petitioners Vs. Malika Hasina Jahan (Lili) and others……………………………..Opposite Parties Judgment January 29, 2007. Lawyers involved: Md. Ozair Farooq with Sk. Md. Murshed and Md. Zaman, Advocates—For the Pe..

Category: Property Law | Date: | Hits: 34

Abdul Aziz Master (Md) and others Vs. State, 2005, 34 CLC (HCD)

....ake proper steps as per observations made in the body of the judgment. The order taking cognisance by the learned Sessions Judge is quashed. Ed. This Case is also Reported in: 59 DLR (2007) 468. ......General—For the State-Opposite Party. Mir Mahfuzur Rahman, Advocate—For the Applicant. Criminal Miscellaneous Case No. 5519 of 2003. Judgment Sharifuddin Chaklader J.- This Rule calls for a simple question to answer, whether the learned Sessions Judge under law is empowered to take c......ake proper steps as per observations made in the body of the judgment. The order taking cognisance by the learned Sessions Judge is quashed. Ed. This Case is also Reported in: 59 DLR (2007) 468. ......Master (Md) and others ……………….Accused Petitioners Vs. State………………………………………………………………..Opposite Party Judgment April 5, 2005. Lawyers involved: Habibul Islam Bhuiyan, Senior Advocate with Md. Aminul Haque Helal, Advocate—..

Category: Criminal Law | Date: | Hits: 33

Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

....r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463.......- The facts upon which the above reference was presented in short, are, that the applicant was a limited company and engaged in the business of construction. It submitted income tax return as company for the assessment year 1998-99 showing income of Taka 15,350. Then, it submitted revised return sho......r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463.......Co. Ltd. vs. the Deputy Commissioner of Income Tax, [2003] 262 ITR 330; (Punjab) Ltd. vs CIT, 1937 ITR 277, 279 (Full Bench); Apollo Tyres Ltd. vs. Commissioner of Income Tax, [2003] 255 ITR 273 . Lawyers involved: Sarder Jinnat Ali, Advocate—For the Applicant. Kazi Waliul Islam, Deputy A..

Category: Fiscal/Taxation Law | Date: | Hits: 99

Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)

....led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458.......epresented by the Secretary, Ministry of Commerce. In the course of his business, the petitioner imported 300 metric tons of table potatoes from India. Accordingly, he applied to the respondent No. 1 for issuance of import permit under Rules 3 and 5 of the Destructive Insects and Pests Rules, 1966 f......led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458.......lah………………………………………………………Petitioner Vs. Director, Plant Protection Wing and others……………………Respondents Judgment January 4, 2006. Lawyers involved: Imtiaz Mahmood, Advocate—For the Petitioner. Zaman Akhter, Deputy Attorney..

Category: Business or Commercial Law | Date: | Hits: 219

Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)

....e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ......J.- This Rule involved a question as to whether a Magistrate can take cognisance of an offence on final report without examining the complainant on naraji petition. 2. The short facts relating for disposal of this Rule are, that the complainant had a good relation­ship with the accused petit......e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ......rua…………………………………….Accused-Petitioner Vs. Mrinal Kanti Das and others………………………Opposite Parties Judgment March 15, 2006. Lawyers involved: AKM Faiz with HS Deb Barman, Advocates—For the Petitioner. Khondke..

Category: Criminal Law | Date: | Hits: 27

Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)

....o. 60220 is hereby declared to have been made without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 451....... pursuant to sanction letter dated 7-5-1996 and the said loan was to be repaid in 6 years in 11 instalments ending on 14-5-­2002. Although the borrower Company suffered serious loss and difficulties for political and other reasons nevertheless it paid instalments of the sanc­tioned loan to the ban......o. 60220 is hereby declared to have been made without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 451.......o- M/s MM Ispahani vs. Sonali Bank and others, 37 DLR (AD) 1; IFIC Bank and others vs. Beximco Limited and others, 57 DLR 154; Md. Mahbubul Alam vs. Bangladesh Bank and another, 1 LG (2004) 343 Lawyer involved: Rafique-ul Huq, Senior Advocate, with Md. Zafar-ullah Chowdhury and Ahsanul Kari..

Category: Banking Law | Date: | Hits: 125

Masudur Rahman Vs. Secretary, Ministry of Law, Justice & parliamentary Affairs & ors., 2003, 32 CLC (HCD)

....ders of stay is recalled and vacated. Send a copy of this judgment to the respondent No. 3 for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 448. ......ents Judgment October 27,2003. Lawyers involved: Moinuddin with Mosharraf Hossain Sarder, Nizamul Islam, Advocates—For the Petitioner. Md. Shafiqul Islam Siddique for Md. Raushan Ali, Advocate—For Respondent No. 4. Writ Petition No. 908 of 2003. J......ders of stay is recalled and vacated. Send a copy of this judgment to the respondent No. 3 for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 448. ......resent: Syed M Hossain J Tariq-ul-Hakim J Masudur Rahman......................................................................Petitioner Vs. Secretary, Ministry of Law, Justice & parliamentary Affairs & ors.....Respondents Judgment October 27..

Category: Civil Law | Date: | Hits: 77

Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)

....ellants be set at liberty at once if not wanted in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433.......3 of the Explosive Substances Act, 1908 corresponding to GR No. 767/99(A), convicting the appellants under section 3 of the Explosive Substances Act, 1908 and sentencing them to suffer transportation for life. 2. The prosecution case relevant for disposal of this Appeal is that one Rafiza Bibi lo......ellants be set at liberty at once if not wanted in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433.......iq J Zamir Ali (Md.) and others……………………Convict-Appellants Vs. State…………………………………………………….Respondent Judgment March 28, 2007. Lawyers involved: Subrata Chowdhury Advocate—For the Convict-Appellants. Humayan Kabir Bulbu..

Category: Criminal Law | Date: | Hits: 30

New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)

.... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ......No. 11 of 2002. Judgment Md. Imman Ali J.- New Zealand Milk Brands Ltd filed the instant application under section 46 of the Trade Marks Act, 1940 (hereinafter referred to as "the Act") for rectification of the Register of Trade Marks by removal of registered trademark No. 62724 in Cla...... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ...... 157; Pakistan Soap Factory, Chittagong vs. Chittagong Soap Factory, 22 DLR (SC) 400; Surya Brothers vs. Messrs Dada Soap Factory Ltd., PLD 1971 Karachi 189, Ford vs. Forster (1872) 7 CH 611 . Lawyers involved: Dr. M. Zahir, Advocate with Md. Moazzem Hussain, Ziaul Hasan and KS Salahud..

Category: Intellectual Property Law | Date: | Hits: 187

Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)

....charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ......dgment of the trial Court on a proper assessment of the evidence on record and the findings do not suffer from any error of law and the case is concluded by finding of facts no interference is called for in the revision under section 115(1) of the Code of Civil Procedure. ………………………......charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ......94, Khurshed and others vs. Noorjahan Bewa and others, 1995 BLD (AD) 82, Raja Sreenath Roy and others vs. Moharaja Pratap Udai Nath Sahai Deo, Indian Cases Volume No. 82 Privy Council at page 879. Lawyers involved: Mushfiquddin Bakhtiar with Jabunnessa Mushfique, Advocates—For the Petitioner..

Category: Property Law | Date: | Hits: 40

Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ......y and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. All these Rules concern common questions of fact and law and are therefore taken up for hearing together and are being disposed of by this single judgment. 3. All ......iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ......of India AIR 1987 SC 386; JB Chopra vs. Union of India AIR 1987 SC 357; SP Sampalh Kumar vs. Union of India has been overruled by the case of Chandra Kumar vs. Union of India AIR 1997 SC 1125. Lawyers involved: Amirul Islam with Dr. S Shirin Chowdhury Advocates —For the Petitioners (..

Category: Employment/Service Law | Date: | Hits: 107

Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

.... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ...... Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the order of sanction dated 15-9-1998 according permission by the respondent No. 3 for prosecuting the petitioner in Metro Special Case No. 178 of 1999 arising out of Motijheel PS cas...... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ......desh and others……..Respondents Judgment October 18, 2006. Cases Referred To- Syed Mustafizur Rahman vs. State 53 DLR 125; Abdul Hakim vs. State, , Alfazuddin vs. State 45 DLR 325. Lawyers involved: Rokanuddin with Md. Rafiqul Islam Mia (in person) Advocates—For the Petitione..

Category: Anti-Corruption Laws | Date: | Hits: 140

Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)

.... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ...... the petitioner is working as an Assistant Sub-Inspector in the Office of the Director of Security of the Chittagong Port Authority, Chittagong. The petitioner joined on 2-7-1981 and has been working for last 17 years with the full satisfaction of the superior officers and the authority concerned. T...... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ...... Cases Referred To- Md. Habibur Rahman vs. State reported in 2006 BLD (AD) 59= 58 DLR (AD) 12; Begum Tahmina vs. Bangladesh 52 DLR 503 and Mustafizur Rahman vs. DG, Anti-Corruption 2 BLC 605. Lawyers involved: AKM Faiz with HS Deb Brahman, Advocates—For the Petitioner. Zaman Akhter B..

Category: Anti-Corruption Laws | Date: | Hits: 150

Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)

....vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......olved in case, in short, are that the predecessor of respondent Nos.1 and 59-61 instituted the above Title Suit No.207 of 1981, which was subsequently renumbered as Title Suit No.391 of 1984, praying for a decree for partition in respect of the suit land described at the schedule 'Ka' to the plaint ......vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ...... Bishai Bepari and others………..........Respondents Judgment August 3, 2009. Cases Referred To- 45 DLR 15; Md. Matlabur Rahman and others Vs. Madan Meah Chowdhury 33 DLR (AD) 286. Lawyers Involved: Md. Nurul Amin, Advocate instructed by Bivash Chandra Biswas, Advocate-on-Recor..

Category: Property Law | Date: | Hits: 28

Shahjahan Ali (Md.) @ Md. Shahjahan Vs. State, 2007, 36 CLC (HCD)

.... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ......nd order of conviction and sentence dated 22-3-2005 passed by learned Sessions Judge, Kishoreganj, convicting the accused-appellant under section 302 of the Penal Code and sentencing him to suffer RI for life along with fine of Taka 5000 in default to suffer RI for further 5(five) months in Sessions...... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ....... State, 11 DLR (SC) 365; Eradu and others vs. State of Hyderabad, PLD 1956 SC 286; Ismail Sarker and others vs. State, 33 DLR 320; Golam Rasul vs. Emperor, 107 IC 1928 774; AIR 1984 (SC) 759. Lawyers involved: Md Khurshid Alam Khan, Advocate—For the Convict-Appellant. Moklesu..

Category: Criminal Law | Date: | Hits: 29

Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)

....vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ......6, Soleman Bewa, predecessor of apposite parties as plaintiff instituted Other Class Suit No. 80 of 1996 in the First Court of Senior Assistant Judge, Naogaon, impleading the petitioner as defendant, for declaration that the deed of Heba-bil-Iwaz dated 19-3-1984, in respect of 1.08 1/4 acres of land......vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ......s MA Mannan 46 DLR 621; Abul Khair Mia vs Abdul Latif Sardar 32 DLR (AD 167 and Abtabuddin Fakir vs Sowdagar Rabi Das 43 DLR 42; Kalu Ram vs Babu Lal AIR 1932 (All 485 (FB) = ILR-54 (All) 812. Lawyers involved: JH Afric, Advocate—For the Petitioner. ASM Rahmatullah, Advocateâ€..

Category: Property Law | Date: | Hits: 26