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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.......ented— the Appellant (In Criminal Appeal No. 1406 of 1993). Criminal Appeal No.1406, 1433 and 1440 of 1993 Judgment Gour Gopal Saha J. - These appeals are directed against the judgment and order dated 14-7-1993 passed by the Divisional Special Judge, Rajshahi Division, Rajshahi in Special..

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.......ufficient ground" for permitting the plaintiff to come to the Court again with a properly drafted plaint. 24. In Muhammad Din vs. Atta Muhammad, PLD 1957 (WP) Lahore 971, a single bench upheld the order of the trial Court allowing withdrawal of the suit on the reasoning that the omission in the p..

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. ......7 of 2004. Judgment Md. Abdur Rashid J.- Defendant Nos. 1 and 2 obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against the judgment and order dated 7-4-2004 passed by Second Court of Additional District Judge at Dhaka dismissing Miscell..

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. ......ntire paternal homestead along with fruit bearing and other valuable trees were given to the plaintiffs, which was most inequitable and the learned District Judge therefore, cancelled such report and ordered for fresh partition. 8. Lastly, he submits that the plaintiffs claim for share of 4.16 ac..

Category: Property Law | Date: | Hits: 70

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

....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ...... of the petitioner, Syed Abdul Alim alias 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 co..

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. ...... The application for temporary injunction was rejected and ad interim injunction was vacated. Said defendant Nos. 5, 6 and Akmal then presented FMA No. 17 of 1983 before this Division and obtained an order of stay rejecting prayer for injunction in Civil Rule No. 137 (FM) of 1983. Then in April, 198..

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. ......Association Magura, as true picture of the situation. It appears from Annexure-E that there was news reporting about missing of the case record when the accused-petitioners went there on getting bail order from the High Court Division. It appears from Annexure-F that there was a reporting in Protham..

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.......or not Mukhlesur Rahman purchased the land by said deed in the 'Benami' of his wife Farida Rahman and then got the house built thereupon by his own money is the moot issue in these appeals. 42. In order to appreciate the conflicting submissions of the learned Advocates we need to place some facts..

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.......lowing those temporary workers to continue in service even after the temporary project against which they were employed came to an end, referred the matters to the Hon'ble Chief Justice for necessary order constituting a Full Bench with a view to resolving the conflict in the decision. Accordingly, ..

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. ...... 2002 made under section 374 of the Code of Criminal Procedure (hereinafter referred to as the Code) together with Jail Appeal No. 666 of 2002 preferred by condemned prisoner Mukul Swapan against the order of conviction and sentence passed in Sessions Case No. 128 of 2002 on 30-11-2002 by the learne..

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. ...... No 1880 of 1997. Judgment AKM Fazlur Rahman J.- Criminal Appeal No. 2153 of 1997 and Jail Appeal No. 1880 of 1997 preferred by the appellant Abu Taher Kha are directed against the judgment and order dated 31-12-1988 passed by the Additional Sessions Judge, Pirojpur in Sessions Case No. 32 of ..

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. ......nditions on importation of old reconditioned machinery and equipment by Commercial importers and circulating the same to all Schedule Banks and Customs Stations creating a ban relying and quoting the order of the Ministry of Commerce issued under Memo No. Ba Ma/Audh-1/1(6)/97 (Part 2)/44 dated 25-1-..

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....... Petition is not maintainable because the petitioner has not exhausted the efficacious remedy. Contradicting the above argument, Mr. Mahmudul Islam has submitted that the BTRC has passed the impugned orders, Annexure-A and Al in exercise of statutory power under section 90 of the BT Act and that the..

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)

.... of the Indian Constitution (Article 27 of our Constitution) has been noticed in the case of EP Royappa vs. State of Tamil Nadu AIR 1974 (SC) 555. The Constitutional Bench of the Indian Supreme Court speaking through Bhagwati, J. (with Chandrachud and Krishna Iyer, JJ) in a concurrent judgment obser......It is also contended that the petitioner has no right to claim any such exemption and the power was exercised by subjective satisfaction as the Government felt it was necessary to pass such exemption order. 4. The petitioner of Writ Petition No. 28 of 2002 filed an affidavit-in-reply wherein the ..

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. ......presentation of the petitioner made to the respondent No. 4, Deputy Commissioner, vide Annexure-F to the writ-petition complaining that he was prevented/obstructed to purchase the tender documents in order to participate in the auction held on 13-4-2005 was not at all considered by the respondents N..

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. ......9. Judgment Md. Joynul Abedin J.- This Rule was issued under Article 102 of the Constitution of the People’s Republic of Bangladesh calling upon the respondents to show cause why the impugned order dated 3-6-1998 (Annexure-I) passed by the respondent No.3. Additional Deputy-Commissioner (Rev..

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.......dent. Reference Application No. 9 of 1994. Judgment Syed Amirul Islam J.- In this referee application the revenue department calls in question the legality and propriety of the Judgment and order dated 22-11-93 passed by the Taxes Appellate Tribunal, Dhaka, Division Bench-2, Dhaka in It, N..

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....... J.-This Rule arises out of an application section 115(1) of the Code of Civil Procedure by Afitan Nessa and four other petitioners call upon the opposite parties to show cause as to why the impugned order dated 13-6-1993 passed learned Assistant Judge, Ghoraghat Police Station, District Dinajpur in..

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....... 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 him to get a declaration that he was a citizen of. Bangladesh and it further held t..

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

Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)

....l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......he vendor on receipt of the consideration executed the sale deed and delivered possession of the land to the vendee. Contention of the vendor is that it was intended to be a mortgaged deed in that in order to become a Director of the Company he had to purchase the qualifying share of Taka 30,000.00 ..

Category: Property Law | Date: | Hits: 85