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Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)

....rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199....... July 27, 1998. Cases Referred To- 17 DLR (SC) 624; 35 DLR 167; 33 DLR 77; 40 DLR 507 and CrLJ 1981 page 229, 11 BLD (AD) 64 (1991), BCR 1987 (AD) 143, CrLJ 1982 page 2109 PLD 1972 (SC) 81. Lawyers Involved: Mahbubur Rahman, Advocate — For the Petitioners. M A Rouf, Assistant Atto......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...

Category: Criminal Law | Date: | Hits: 33

Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)

....irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192....... Court High Court Division (Criminal) Present: Gour Gopal Saha J Abdur Rouf (Md.) and another………..…Appellant Vs. State……….Respondent Judgment July 5, 1998. Lawyers Involved: Shahidul Islam, Advocate — For the Appellant (In Criminal Appeal No. 1433 of ......irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192...

Category: Criminal Law | Date: | Hits: 104

Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)

....aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......gh and another vs. Gurbachan Singh and others, AIR 1986 Panjab and Haryana 228, Md. Abdul Quddus vs. Md. Mustafa Hossain, 1992 BLD (AD) 131, Ismail vs. Fida Ali, PLD 1965 SC 634 = 17 DLR (SC) 531. Lawyers Involved: Ozair Farook with Md. Kabir Hossain Advocates—For the Appellant. Md. Nazib...... 1 was not correct. 10. The parties lead evidence in support of their respective cases. The learned Subordinate Judge dismissed the suit. 11. The appellant has come up with an application under Order XXIII, rule 1(2) read with section 107 of the Code of Civil Procedure for withdrawal of the ap..

Category: Property Law | Date: | Hits: 83

Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)

.... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ...... vs. Kalipada Chattopadhyaya, 11 DLR 103, National Credit and Commerce Bank Ltd. Vs. Prime Bank Ltd., 9 MLR 33 = 8 BLC 391, Abdul Latif Chowdhury vs. Md. Noor Hossam and others, 1997 BLD (AD) 230. Lawyers Involved: Rafique-ul Huq with M Moniruzzaman Khan, Marium Khan, Morshed Ahmed Khan, ASM A......etters of credit by letters dated 8-1-03 and 15-1-03. They were also trying to appoint new distributor for Bangladesh. 4. On the above averments, same date the plaintiffs made an application under Order XXXIX, rules 1, 2 and 3 of the Code for restraining said defendant Nos. 1 to 3 from dealing an..

Category: Civil Law | Date: | Hits: 148

Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)

....et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ......adras 219; Rati Ram vs. Niader Mal, AIR 1941 Allahabad 215; Krishna Reddiar and others vs. Ramanyja Reddiar and another, AIR 1929 Madras 492, Md. Mahmud Miah vs. Ludu Miah and others, 1992 BLD 23. Lawyers Involved: Muzibur Rahman Miah, Advocate—For the Petitioners. Garib Newaz, Advocateâ€......he learned Advocate for the petitioners, submits that the impugned judgment of reversal is not a proper judgment of reversal as the appellate Court failed to comply with the mandatory requirements of Order XLI, rule 31 of the Code of Civil Procedure. 4. Secondly, he submits that without consideri..

Category: Property Law | Date: | Hits: 70

Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)

....Lalu, who has presently been languishing in a condemned cell in the Dhaka Central Jail ever since his arrest on 5-7-99, challenging the impugned judgment and order dated 23-6-85 passed by the Special Martial Law Court No. 1, Dhaka in ML Case No. 2 of 1985 convicting him under sections 302/307/109 of...... Ahmed alias Iqbal vs. Bangladesh, 33 DLR (AD) 154, Zia-ur-Rahman, PLD 1973 (SC) 48, Saeed Ahmed, PLD 1974 (SC) 154, Haji Joynal Abedin, 32 DLR (AD) 154, Jamil Huq vs. Bangladesh 34 DLR (AD) 125. Lawyers Involved: Abdul Malek with SM Shahjahan, Advocates—For the Petitioner. Qumrunnessa, ......dment) Act, 1986 (Act No. 1 of 1986) was then passed to ratify the Proclamation of the 24th March 1982 subsequent proclamations, proclamation orders, CMLA's order. Martial Law Regulation, Martial Law Orders including all other laws that were made during the period between 24th March, 1982 and the da..

Category: Criminal Law | Date: | Hits: 52

Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)

....the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......n and others, 6 BLT (AD) 276; Golam Kader being dead his heirs Nurun Nahar Begum and others vs. Abdul Khaleque Choukder and others, 43 DLR (AD) 107 and Haji Md. Eshaque vs Rupali Bank, 43 DLR 621. Lawyers Involved: TH Khan with Sk. Zulfiqur Bulbul Chowdhury and Rezina Chowdhury, Advocates—Fo......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ..

Category: Property Law | Date: | Hits: 71

Mahfuz Anam & others Vs. State and another, 2005, 34 CLC (HCD)

....rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ......saduzzaman J Mahfuz Anam & others………………………Accused-Petitioners Vs. State and another ……………………………..Opposite Parties Judgment June 25, 2005. Lawyers Involved: SM Rezaul Karim, Advocate—For the Petitioners. Haleluddin Mollah, Deputy A......rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ..

Category: Criminal Law | Date: | Hits: 100

Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)

....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......y 21, 2004. Cases Referred to- Nurjahan Begum vs. Mahmudur Rahman Mullick, 34 DLR (AD) 61, Hasan Ali vs. Jytendra Biswas, 1984 BLD (AD) 307, Jaydayal Poddar vs. Bibi Hazra, (1974) 2 SCR 90. Lawyers Involved: Mahbubey Alam with Md. Mozammel Hossain and Md. Sagir Anower, Advocates—For t......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51...

Category: Property Law | Date: | Hits: 139

Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)

....ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46.......ment August 24, 2005. Cases Referred to- 54 DLR 602, Managing Director, Rupali Bank Ltd. vs First Labour Court and others, 46 DLR 143, Rupali Bank Ltd. Vs. 2nd Labour Court, 52 DLR 603. Lawyers Involved: Tufailur Rahman with Abdun Nur and Omar Sadat, Advocates—For the Petitioners.......he respondent No. 2 in all the writ petitions. It is argued on behalf of the petitioners bank that since in all the cases grievance petitions under section 25(a) of the Employment of Labour (Standing Orders) Act, 1965 were not made within the statutory period of 15 days from the date of occurrence o..

Category: Employment/Service Law | Date: | Hits: 85

State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)

....pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......€¦..Respondent. Judgment July 19, 2004. Result: The death reference is rejected and the jail appeal is allowed. Case Referred to- Mahmudul Islam @ Ratan vs. State, 53 DLR (AD) 1. Lawyers Involved: Md. Abdul Haque, State Defence Lawyer—For the Condemned Prisoner. Golam Mo......pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ..

Category: Criminal Law | Date: | Hits: 49

Abu Taher Vs. State, 2005, 34 CLC (HCD)

....ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ....... Md. Shafiqul Islam alias Rafique and another, 43 DLR (AD) 92, State vs. Mofazzal Hossain Pramanik, 43 DLR (AD) 65, State vs. Khadem Mondal, 1990 BLD (AD) 228, 41 DLR 11, 45 DLR 660, 46 DLR 575. Lawyers Involved: SM Rezaul Karim with Afia Begum and Abdur Razzak (Razu), Advocates — For the ......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ..

Category: Criminal Law | Date: | Hits: 41

Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ......AFM Abdur Rahman J Sultan Uddin Ahmed ……………………….........Petitioner Vs. Government of Bangladesh and others.................... Respondents. Judgment July 4, 2005. Lawyers Involved: Md. Sadullah, Advocate—For the Petitioners. Syeda Afsar Jahan, Deputy Atto......4, 14050402007 dated 30-10-2004, 167304011134 dated 1-11-2004 and 106605010015 dated 9-1-2005 through different banks which are importable by commercial importers under the Provision of Import Policy Order 2003-2006. When the said machineries and equipment reached Chittagong Port the respondents. Cu..

Category: Business or Commercial Law | Date: | Hits: 234

World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14....... Messrs Om Parkash Baldev Krishan, AIR 1988 (SC) 2149, RS Raghunath vs. State of Karnataka, AIR 1992 (SC) 81, Motiur Rahman and others vs. Chowdhury Md. Mahfuzul Islam and others, 55 DLR (AD) 104. Lawyers Involved: Kamal Hossain, Mahmudul Islam with Md. Asaduzzaman, Senior Advocates—For the ......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14...

Category: Information Technology Law | Date: | Hits: 321

Hayes Haier Appliance Company Ltd. Vs. Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

.... any lawful authority and are of no legal effect. In view of the facts and circumstances of the cases there will be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 5. ....... Vs. Ellis, 165 US 150, Shujat Ali vs. Union of India, AIR 1974 SC 1631, Lachman Das vs. State of Punjab, AIR 1963 SC 22, AIR 1963 SC 268, 41 DLR (AD) 30, Gulf Colorado Rly vs. Ellis (165 US 150) Lawyers Involved: Mahmudul Islam with Mizanul Huq Chowdhury and MA Hannan, Advocates—For Petiti...... any lawful authority and are of no legal effect. In view of the facts and circumstances of the cases there will be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 5. ..

Category: Fiscal/Taxation Law | Date: | Hits: 81

Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Government of Bangladesh and others………………………. Respondents. Judgment August 13, 2005. Lawyers Involved: Md. Tashadduk Hasan, Advocate—For the Petitioner. Ms. Nahid Mahtab Assista......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ..

Category: Others | Date: | Hits: 114

Abdul Moin Vs. Bangladesh represented by the Secretary, Ministry of Land, Secretariat Building & others, 2001, 30 CLC (HCD)

.... and the writ petition was not maintainable has no substance. In the result, the Rule is made absolute with any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 506. ......……………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land, Secretariat Building & others. ………………….Respondents. Judgment March 28, 2001. Lawyers Involved: JN Deb, Advocate—For the Petitioner. ABM Mostafa Kamal, Advocate—For Res...... and the writ petition was not maintainable has no substance. In the result, the Rule is made absolute with any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 506. ..

Category: Property Law | Date: | Hits: 95

Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)

..... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504.......d Amirul Islam J AKM Shafiuddin J Commissioner of Taxes…………………….Petitioner Vs. Kushtia Sugar Mills Ltd......………………Respondent. Judgment July 19, 2000. Lawyers Involved: MA Rahim Bhuiyan, Assistant Attorney-General—For the Applicant. AFM Feroju......isallowances of an amount 9,99,541 paid as bonus to its employees. 2. The assessee company is a incorporated under the Companies Act and is a nationalised one under the provisions of President’s Order 27 of 1972. The assessee submitted its return showing a total loss of Taka 59,46,175 for the s..

Category: Fiscal/Taxation Law | Date: | Hits: 104

Afitan Nessa and others Vs. Government of the People’s Republic of Bangladesh and others, 2001, 30 CLC (HCD)

.... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 502.......¦â€¦â€¦.Opposite Parties. Judgment August 09, 2001. Cases Referred To- Kamal Anwar and others Vs. Md. Kabir Khan, 1985 BLD 157; Raja Debi Baksh Singh Vs. Habib Shah, 1913 CLJ (PC) 9. Lawyers Involved: Moksed Ali, Advocate—For the Petitioners. Not represented— the Opposite......6. Learned Advocate for the petitioners submits that the trial Court committed error of law resulting in an error in the decision occasioning failure of justice in not complying with the provision of Order 22 rule 3 of the Code of Civil Procedure, passing the order of abatement of the suit instead o..

Category: Procedural Law | Date: | Hits: 106

Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)

....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......an Vs. Commissioner of Police, Madras AIR 1965 (SC) 1623, lzhar Ahmed Vs. Union of India AIR 1962 (SC) 1052, Government of the People’s Republic of Bangladesh Vs. Abdul Hoque, 1982 BCR (AD) 143. Lawyers Involved: SS Halder with Joya Bhattacharjee, Advocates — For the Appellant. Bivash C......sh because of his leaving this country and staying in India. 5. The trial Court dismissed the suit under conception that the onus was upon the plaintiff according to the provision of President’s Order No.149 of 1975 to prove that he was a permanent resident of this country in order to entitle h..

Category: Immigration and Citizenship Law | Date: | Hits: 190