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Abu Talukder Vs. State, 1999, 28 CLC (HCD)
....e Penal Code. 4. Upon the aforesaid allegations the accused persons were put on trial before the Sessions Judge Jhalakati in Sessions Case No. 26 of 1990 to answer charges under sections 302/149 read with section 326 of the Penal Code to which the accused pleaded not guilty and claimed to be trie......u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......ial the prosecution examined as many as 15 witnesses, including formal witnesses, in support of its case while the defence examined none. 5. The learned Sessions Judge by his impugned judgment and order dated 25-5-91 convicted accused appellant Abu Talukder and co-accused Jahangir Hossain as stat......u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188...Category: Criminal Law | Date: | Hits: 52
.... Respondents.
Writ Petition No. 84 of 1994.
Judgment
Bijan Kumar Das J. - This Rule at the instance of the petitioner under Article 102 of the Constitution of the People’s Republic of Bangladesh was issued calling upon the respondents to show cause why the initiation of the proceedings of......without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 183.......rtain false allegation and though the respondent No. 2 did not have the jurisdiction to entertain such application, who became functus officio after allowing Mutation case and relief against the said order is available before the Assistant Commissioner by way of review or by an appeal to the Appella......without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 183...
Category: Property Law | Date: | Hits: 172
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
....court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......heikh A Awal, Deputy Attorney‑General‑For the State‑Opposite Party. Criminal Appeal No. 4298 of 2003. Judgment Khademul Islam Chowdhury J.- This appeal is directed against order dated 13‑9‑2003 passed by the Nari‑o‑Shishu NiKiatan Daman Bishesh Adalat rejecting th......lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ..Category: Criminal Law | Date: | Hits: 43
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....etitioner Vs. Shashi Mohan Das and another……………………………………………0pposite Parties Judgment February 23, 2004. Cases Referred to- Sadat Ali Talukder (Md) @ Md Sadat Ali Vs. State and another 4 BLC (AD) 228; Shahera Khatun and other......s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......ty Commissioner, Sunamganj and opposite party No.1 to show cause as to why the Special Case No.4 of 1997 now pending in the Court of Senior Special Judge, Sunamganj should not be quashed or any other orders be passed as this court may deem fit and proper. 2. The relevant facts are that the co......s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ..Category: Criminal Law | Date: | Hits: 42
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....………………………………Opposite Parties Judgment March 21, 2004. Cases Referred to- Qari Habibullah Belali Vs. Capt. Anwarul Azim 40 DLR 295 & Syed Mohammad Hashem alias Hashem Vs. State 1995 BLD (AD) 115 =48 DLR (AD) 87. Lawyers Involved: ......ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ......ssued calling upon the opposite parties to show cause as to why the proceedings of CR Case No. 4232 of 2001 pending in the Court of Metropolitan Magistrate, Dhaka, should not be quashed or such other orders be passed as this court may seem fit and proper. 2. The relevant facts are that the co......ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ..Category: Criminal Law | Date: | Hits: 49
.... By raising semi-pucca structures, he established a factory under the name and style 'Mahmud Metal Corporation' to make rickshaw, steel body and other iron and steel products. He obtained necessary trade licence and got his name mutated in the office of the Assistant Commissioner (Land). He paid ren......ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
......sary trade licence and got his name mutated in the office of the Assistant Commissioner (Land). He paid rents and taxes. He also obtained permission from defendant No.3 to mortgage the framed land in order to collect fund. He applied to the Janata Bank for land and the Bank sanctioned a loan of Taka......ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
..
Category: Property Law | Date: | Hits: 73
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....pposite Parties Judgment July 20, 2002. Cases Referred to- Abdul Matin Chowdhury Vs. Chapala Rani Sen and others 37 DLR (AD) 205 = 1985 BLD (AD) 172; Motilal Chowdhury and others Vs. Haripada Seal, 6 MLR (AD) 122; Ishaque (Md) Vs. Ekramul Haque Chowdhury and others, 54 DLR (AD) 26; Provo......e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ......sion No. 3864 of 1999. Judgment Md. Abdur Rashid J.- Heirs of defendant No.1 obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 13‑7‑1999 passed by the Subordinate Judge and Artha Rin Adalat (In-charge) at Sylhet......e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ..Category: Property Law | Date: | Hits: 61
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....………………….Respondents Judgment March 4, 2004. Cases Referred to- Chimanlal Hargovindas Vs. Special Land Acquisition Officer, Poona, AIR 1988 SC 1652; Abdul Gafur Khan Vs. Bangladesh, 4.2 DLR (AD) 99; Bangladesh Vs. Abdul Khaleque and others, 29 DLR (SC) 110; Abdul Gafur Khan ......hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ......t No. 2. First Miscellaneous Appeal No. 229 of 2003 and Cross Appeal No. 294 of 2003. Judgment Md. Abdur Rashid J.- This owner of the acquired land presented the appeal against judgment and order dated 15‑1‑2003 passed by Joint District Judge and Arbitrator at Dhaka in Arbitration Case......hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ..Category: Property Law | Date: | Hits: 77
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
.... to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......0 of 2003. Judgment Zinat Ara J.- On an application under section 439 of the Code of Criminal Procedure this Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why order No. 113 dated 15‑9‑2003 and order No. 120 dated 2‑11‑2003 passed by the Druto Bichar T......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
.........Petitioner Vs. Nuru Sikdar and others.................Opposite Parties Judgment November 9, 2003. Cases Referred to- State Vs. Md Shafiqul Islam, 40 DLR 310; Nannu Gazi Vs. Awlad Hossain and others, 43 DLR (AD) 63; Farhad Hossain (Md) and others Vs. State, 50 DLR 337 & Sh......h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......ant‑petitioner under section 561A of the Code of Criminal Procedure a rule was issued calling upon the accused-opposite parties and the opposite party State to show cause as to why the judgment and order dated 11‑11‑2002 passed by the learned Sessions Judge, Pirojpur in Criminal Revision No. 9......h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ..Category: Administrative Law | Date: | Hits: 223
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
....he observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ...... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ...... the Appellant‑Petitioners. Sheikh A Awal, Deputy Attorney-General-For the State. Criminal Appeal No. 4124 of 2003. Judgment Afzal Hossain Ahmed J.- This appeal is directed against the order dated 6‑10‑2003 passed by the learned Judge of the Nari‑O‑Shishu Nirjatan Daman Tribun...... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ..Category: Criminal Law | Date: | Hits: 48
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Shafiqul Islam Shimul (Md)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and other….Respondents Judgment ....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......k about the situation made enquiries through his father and came to learn of the cancellation of the licence by the respondent No. 3, the District Magistrate, Natore, on 15‑12-2000, copy of which order of cancellation was handed over to his father. It has further been alleged in the application ....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ..Category: Criminal Law | Date: | Hits: 63
.... to the petition and the judgment and order dated 15-6-93 passed by respondent No.1 in Appeal No.36 of 1992 dismissing the appeal vide Annexure F to the petition should not be declared to have been made without lawful authority and to be of no legal effect.
2. The petitioner Grameen Bank Karmach...... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
......uty Attorney-General — For the Respondent No. 2.
Writ Petition No.1777 of 1993.
Judgment
MA Aziz J. - This Rule Nisi was issued calling upon the respondents to show cause, why the impugned order contained in Memo RTU (174) 91/1087/1(6) dated 20-12-92 issued by respondent No.2 canceling th...... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
..
Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Shah Alam, 2003, 32 CLC (HCD)
....J.- This Death Reference, Criminal Appeal No. 1545 of 2001 and Jail Appeal No. 1486 of 2001 having arisen out of the death sentence awarded to the condemned prisoner Shah Alam being convicted by Mr. Badsha Alamgir, Additional Sessions Judge, Bogra under section 302 of the Penal Code in Sessions Case...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ......he murder of Jannati Khatoon is the confessional statement of the condemned prisoner and it having narrated about the murder of one Topi and since the prosecution has failed to adduce any evidence in order to establish that Topi was none else but deceased Jannati Khatoon, the confessional statement ...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ..Category: Criminal Law | Date: | Hits: 54
Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
....4) 230. ...... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ......volved: Not present-the Petitioner. AB Roy Chowdhury, Advocate-For the Opposite Parties. Civil Revision No. 135 of 2000. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 17-8‑1999 passed by the Assistant Judge, Chandina in Comilla in Title Suit No. 6 of ...... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ..Category: Property Law | Date: | Hits: 65
Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
....dur Rashid J.- This Rule Nisi was issued against the assessment order of respondent No.2, the appraiser, Customs House, Bandar at Chittagong dated 1‑3‑1999 directing to assess the customs duty by adjustment at 1.4508 of the Invoice value. 2. Short facts for disposal of the Rule are that, the ......rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ......titioner. Syeda Afsar Jahan, Assistant Attorney-General-For the Respondents. Writ Petition No. 793 of 1999. Judgment Md. Abdur Rashid J.- This Rule Nisi was issued against the assessment order of respondent No.2, the appraiser, Customs House, Bandar at Chittagong dated 1‑3‑1999 dire......rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
M/S. OK International Vs. Commissioner of Customs & others, 2009, 38 CLC (AD)
....m, encouraged by the registration of his foreign supplier by the National Board of Revenue under Import Particulars Registration Scheme pursuant to Standing Order No.19 of 1997/Cus dated 12.06.1997 read with S.R.O. No. 50/98/Cus dated 04.06.1998 excluding registered product from the ambit of tariff ......sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122.......General and Mrs. Nahida Yesmin, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record-For the Respondents (In all cases) Civil Appeal Nos. 52-64 of 1999. (From the judgment and order dated 23.06.1998 passed by the High Court Division in Writ Petition Nos.6923 of 1997, 506, 446......sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122...Category: Fiscal/Taxation Law | Date: | Hits: 86
Haji Md. Shamsul Haque Vs. Pubali Bank Limited, 2009, 38 CLC (AD)
....t, Gazipur and the High Court Division issued Rule. After hearing the High Court Division discharged the Rule on 2, 5.07.2007 and vacated the stay granted earlier. 7. The respondent Nos.2-4 became added party as judgment debtor and filed an application under Order 21 rule 89 of the Code of Civil ......tioner is set aside and the deposited amount be returned to the present petitioner. With this observation the petition is disposed of. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 75.......structed by M Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 1. Not represented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 2071 of 2008. (From the judgment and order dated 26.08.2008 passed by the High Court Division in Civil Revision No.607 of 2008.) Judgm......tioner is set aside and the deposited amount be returned to the present petitioner. With this observation the petition is disposed of. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 75...Category: Others | Date: | Hits: 109
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
....vision. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ......fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ......dvocate-on-Record-For Respondent No. 8. (Appeared with the leave of the Court) Not represented-Respondent Nos. 1-7. Civil Petition for Leave to Appeal No.1162 of 2008. (From the judgment and order dated 30.09.2007 passed by the High Court Division in Writ Petition No.1255 of 2005.) Judgm......fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ..Category: Civil Law | Date: | Hits: 90
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....etropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......vil Revision No. 156 of 2002. Judgment Md. Abdur Rashid J.- This Rule was obtained by defendant No.1 upon making a revision application under section 115 of the Code of Civil Procedure against order No. 13 dated 25‑11‑2001 passed by Subordinate Judge, Court No. 5 at Dhaka in Title Suit No......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
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