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Commissioner of Customs and others Vs. Ruhul Amin Bachuchu and others, 2009, 38 CLC (AD)

....s 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. ...... Civil Petition No. 1016 of 2007) Not represented-the Respondent. (In Civil Petition Nos. 1017-1025 of 2007) Civil Petition for Leave to Appeal Nos. 1016-1025 of 2007. (From the judgment and order dated 5.4.2007 passed by the High Court Division in Writ Petition Nos.1492, 1493, 1494, 1495, ......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)

....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. ......e, 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.) Judgme......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. ..

Category: Property Law | Date: | Hits: 89

Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)

.... Md. Tafazul Islam J Md. Abdul Matin J Md. Abdul Aziz J Md. Raisuddin Biswas and others….......................................Appellants (In both cases) Vs. Md. Mazed Ali being dead his heirs Sayera Bewaand others.....Respondents (In both cases) Judgment June 2, 2009. L...... be sustained and accordingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ...... Syed Mahbubar Rahman, Advocate-on-Record-For the Respondent No. 3 (In both cases) Ex-parte- Respondent Nos. 1-2, 4-4 (In both cases) Civil Appeal Nos.167-168 of 2005. (From the judgment and order dated 13.7.2004 passed by the High Court Division in Civil Revision Nos. 5480 & 5481 of 2000.)...... be sustained and accordingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ..

Category: Property Law | Date: | Hits: 109

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

..... ......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......instructed by Musfiqur Rahman Khan, Advocate-On-Record-For the Respondent No. 3 Not Represented-the Respondent No. 4. Civil Petition for Leave to Appeal No.10 of 2011. (From the judgment and order dated 29.09.2010 passed by the High Court Division in Writ Petition No.6286 of 2010) Judgme......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ..

Category: Civil Law | Date: | Hits: 174

Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)

.... 373. ......ly to save limitation. I do not see any legal bar in disposing of this application on merit as mere filing of a leave petition does not ipso facto take away the jurisdiction of this Court, unless any interim order was passed by the Appellate Division regulating the proceeding of the High Court Divis......02 before the Appellate Division only to save limitation from the date of knowledge and the same may be withdrawn if this Court allows this application for re‑hearing. 4. I have gone through the order book. It appears that on 5‑11‑2001 on the prayer by the learned Advocate for the opposite ......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. ..

Category: Property Law | Date: | Hits: 73

Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Razia Sultana……………………………………………….………Petitioner Vs. Government of Bangladesh and others …………….Respondents Judgment March 1, 2004. Cases Referred to- ......annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ...... Rule Nisi under Article 102 of the Constitution of the People's Republic of Bangladesh was issued at the instance of one Mrs. Razia Sultana, calling, upon the respondents 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�......annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ..

Category: Business or Commercial Law | Date: | Hits: 194

Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)

.... Statutory Civil Appellate Jurisdiction) Present: Syed Amirul Islam J SAM Mominur Rahman J Virginia Tobacco Company (BD) Ltd. ………………………Appellant Vs. Registrar of Trade Marks and another………………….Respondents Judgment January 18, 2000. Lawyers i......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. ......sain, Advocate-For the Appellant. Mohammad Ohiullah, Advocate-For the Respondents. Trade Mark Appeal No. 11 of 1989. Judgment Syed Amirul Islam J.- This appeal is against the judgment and order dated 11‑5‑1989 passed by the Registrar of Trade Marks in Rectification Case No. 26 of 198......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. ..

Category: Intellectual Property Law | Date: | Hits: 226

Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)

...., 21 DLR 213; Anwar Hossain Vs. Momtaz Begum, 4 BLC 521; Abdul Gani and others Vs. Tale Bibi and others, PLD 1962 (WP) Lahore 531; Tazagul Vs. Bibi Ayesa, PLD 1961 (Peshawar) 17; Abdus Sattar being dead his heirs Saira Khatun and others Vs. Abdur Noor and others, 49 DLR 414; 49 DLR (AD) 150. Lawy...... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ......itted 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 stay order granted by this Court is hereby vacated. Ed. This Case is al...... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ..

Category: Family Law | Date: | Hits: 186

State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)

....sentenced the condemned prisoner Billal Hossain Gazi to death by judgment and order dated 30‑7‑2001 in Nari‑o-Shishu. Nirjatan Daman Bishesh Case No. 43 of 1999. Thereupon the Bishesh Adalat made the above reference for confirmation of the sentence. 2. Condemned prisoner was put on trial ......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. ......Death Reference No. 33 of 2001. Judgment SK Sinha J.- The Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Chandpur sentenced the condemned prisoner Billal Hossain Gazi to death by judgment and order dated 30‑7‑2001 in Nari‑o-Shishu. Nirjatan Daman Bishesh Case No. 43 of 1999. Thereupo......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. ..

Category: Criminal Law | Date: | Hits: 43

Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)

.... No. 51 of 1998 convicting accused-appellant Md. Masud Mia under section 6(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that at about 8.00 PM on 15‑4‑1998 victim Mst....... 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. ...... the Appellant. SM Aminul Islam, Assistant Attorney-General-For the State. Criminal Appeal No. 1371 of 1999. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 3‑6‑1999 passed by the Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Gaibandha in...... 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. ..

Category: Criminal Law | Date: | Hits: 45

Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)

....observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ......f the respondents in attempting to arrest the petitioner should not be declared to have been made in violation of Articles 27, 31, 32 and 44 of the Constitution. The Court was also pleased to pass an interim order directing the respondents not to arrest the petitioner and not to search the house and......spondents in attempting to arrest the petitioner should not be declared to have been made in violation of Articles 27, 31, 32 and 44 of the Constitution. The Court was also pleased to pass an interim order directing the respondents not to arrest the petitioner and not to search the house and place o......ot be released from jail and information is that the police have already prepared few other cases against the petitioner to be filed one after another. The petitioner on 3‑5‑2003 had to obtain an anticipatory bail from the High Court Division in Criminal Miscellaneous Case No. 548/03 in a case f..

Category: Criminal Law | Date: | Hits: 60

Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....e Court High Court Division (Civil Revisional Jurisdiction) Present: Abdur Rashid J SAB Mahmudul Huq J Hasna Banu……………………………………Petitioner Vs. Bangladesh and others ………………..Opposite Parties Judgment May 8, 2004. Case Referred ......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. ......tian, which was marked as Exhibit 'Ka'. 8. Learned Subordinate Judge held that the plaintiff proved her possession and title in the suit property. She paid rents tip to 1393 BS after mutation vide order dated 24‑11‑1984, Exhibit 7(1). It further held that defendant failed to prove that the su......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. ..

Category: Property Law | Date: | Hits: 76

Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)

....r bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......ime, on the prayer of the Ramna Police, the learned Chief Metropolitan Magistrate showed the detenus arrested on 4‑4‑2002 in Ramna PS Case No. 57 dated 26‑1‑2002. The detenus obtained an ad‑interim bail from this Court in Criminal Miscellaneous Case No. 6440 of 2002. Before the said order ......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 is stated in the petitions that t......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ..

Category: Criminal Law | Date: | Hits: 70

Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)

....….Opposite Party Judgment December 2, 2002. Case Referred to- Mohmud Hussain Vs. Md. Sayeb Ali and others 1989 BLD 173 = 41 DLR 44. Lawyers Involved: AM Emdadul Haque Azad, Advocate-For the Petitioner. M Ashruf Ali for Farhad Ahmed, Advocate-For the...... 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. ......r the Opposite Parties. Civil Revision No. 1180 of 1999. Judgment Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why the impugned order dated 11‑3‑1999 passed by the Election Tribunal, Gaibandha Sadar in Election Case No.3 of ...... 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. ..

Category: Election Law | Date: | Hits: 79

Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)

....…………………………Respondent Judgment November 19, 2003. Case Referred to- Drigraj Kuer Vs. Amarnath Singh AIR 1960 SC 444. Lawyers Involved: Forhad Ahmed, Advocate-For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney-General-For ......f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......minal Appeal No. 3105 of 2003. Judgment Md. Abdul Quddus J.- This Criminal Appeal No. 3105 of 2003 under section 28 of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 is directed against order dated 26‑7‑2003 rejecting prayer for bail of accused‑appellant Harun‑or‑Rashid @ Har......f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ..

Category: Criminal Law | Date: | Hits: 72

State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

.... be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......a) Accused Ershad Ali Sikder, Liaquat Lashkar and Jamai Farooq guilty of offence of sections 302/201/34 of the Penal Code and convicted them thereunder. Death penalty was imposed upon them. They were ordered to be hanged by the neck till death. (b) Accused Abdus Sabur guilty of offence of section......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..

Category: Criminal Law | Date: | Hits: 69

Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)

....them and also for partition for 2/5th share of the suit property. All the defendants jointly denied the plaint case by filing a written statement. 3. Then, on or about 3‑7‑2001 the plaintiffs made an application under Order XL rule 1 (a) read with section 151 of the Code of Civil Procedure fo......der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ......handakar Aminul Islam, Advocates‑For Respondent No.1. First Miscellaneous Appeal No. 28 of 2002. Judgment Md. Abdur Rashid J.- This appeal was presented by defendant Nos. 1 to 4 against an order dated 15-1‑2002 of Joint District Judge (in-Charge) and Artha Rin Adalat No.2 in Dhaka in ......der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ..

Category: Property Law | Date: | Hits: 69

Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)

....n J Md. Ashfaqul Islam J Nizam Khan (Md)…….............Petitioner Vs. State and another...............Opposite Parties Judgment November 17, 2003. Cases Referred to- Md. Asaduzzaman Vs. Md. Salamutullah, 1999 BLD 461= 52 DLR 530; Dewan Obaidur Rahman Vs. State and another......called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ......ing the proceeding of CR No. 5149 of 1999 under sections 406/420 of the Penal Code pending in the Court of Chief Metropolitan Magistrate, Dhaka The Rule is, therefore, liable to be discharged. The order staying further proceeding of CR No. 5149 of 1999 at the time of issuance of the Rule on 5‑3......called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ..

Category: Criminal Law | Date: | Hits: 38

Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)

....his Case is also Reported in: 56 DLR (HCD) (2004) 297. ......spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ......hury J.- This Rule under section 115(1) of the Code of Civil Procedure, was issued at the instance of' the defendants as petitioners directing the plaintiff opposite‑parties to show cause why the order No. 78‑2000 passed by the Assistant Judge, Additional Court No. 1, Dhaka in Title Suit No.......spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ..

Category: Civil Law | Date: | Hits: 114

Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)

.... Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285....... 4(c) of The Ordinance of 1983 reads thus: “4. Penalty for……………..etc.- Whoever kidnaps or abducts any woman of any age‑ (a)………………. (b)……………….. (c) in order that such woman may be forced or seduced to illicit intercourse or knowing it to be likely tha......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...

Category: Criminal Law | Date: | Hits: 64

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