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Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)

.... ...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ......ies. Civil Revision No. 2472 of 1994. Judgment Md Imman Ali J.-In this revisional application under section 115(1) of the Code of Civil Procedure, the petitioner challenges the judgment and order No. 19 dated 1‑6‑1994 passed by the Senior Assistant Judge, Nesarabad, Pirojpur in Title S...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ..

Category: Property Law | Date: | Hits: 61

Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)

....enal Code and sentencing each of them thereunder to suffer RI for 7 (seven) years and to pay a fine of Taka 1000 (one thousand) in default to suffer RI for 1 (one) month more. 3. The short facts leading to these jail appeals are that, on the night following 14‑12‑1993 at about 14‑00 hours 1......sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......040 of 1999 arising out of the same Judgment have been perused together and are being disposed of by this single judgment. 2. Both the appeals mentioned above are directed against the judgment and order dated 23‑9‑1998 passed by Assistant Sessions Judge, 1st Court, Chittagong in Sessions case......sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ..

Category: Criminal Law | Date: | Hits: 54

Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)

....s. State...................................Opposite Party Judgment January 19, 2002. Cases Referred to- Kanhaiya Vs. Kashi Nath Tewari and others, 1979 Criminal Law Journal 409 (Allahabad); Thakur Ram and others Vs. State of Bihar, 1966 Criminal Law Journal 700, Nazrul Islam Vs. State......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ...... report including accused opposite party No.2 Samir under sections 302/34 of the Penal Code. The case thus being sent for trial the learned Additional Sessions Judge heard the parties and by impugned order dated 20‑4‑2000 discharged accused opposite party No.2 and framed charge against other acc......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ..

Category: Criminal Law | Date: | Hits: 82

Mohammad Syed Vs. State, 2004, 33 CLC (HCD)

....Case is also Reported in: 56 DLR (HCD) (2004) 210. ......discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ...... Md. Ali Asgar Khan J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the judgment and order dated 26‑7‑2003 passed by the learned Additional Metropolitan Sessions Judge, 2nd Court, C......discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ..

Category: Criminal Law | Date: | Hits: 45

Rezia Khatun Vs. State, 2004, 33 CLC (HCD)

....t case alleging that during subsistence of marriage between them, the opposite party No.1 married one Aklima Akhter alias Mukta for the 2nd time without taking permission of the Chairman, Union Parishad and without knowledge of the 1st wife-complainant and thereby committed an offence punishable und......Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208.......er Musa Khaled J.- This Rule, arising out of an application under section 561A of the Code of Criminal Procedure, was issued calling upon the opposite parties to show cause as to why the judgment and order dated 30‑11‑2000 passed by the learned Sessions Judge, Mymensingh in Criminal Appeal No. 2......Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208...

Category: Criminal Law | Date: | Hits: 39

GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)

....ases Referred to- Hasibul Bahar Vs. Gulzar Rahman and another, 11 BLT (AD) 149 = 56 DLR (AD) 17; Md. Manzur Alam Vs. State and another, 11 BLT (AD) 156 = 55 DLR (AD) 62; Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others. 1991 BLD (AD) 149 = 43 DLR (AD) 60; Tamizul Haque Vs. Anisul Huque. 1......r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ......heque remains unrealised." 5. We have heard the learned Counsels appearing for both the sides and carefully perused the application under section 561A of the Code of Criminal Procedure: connecting order sheets, Counter-Affidavit filed 'on behalf of the opposite party No.1 and Supplementary Affida......r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ..

Category: Banking Law | Date: | Hits: 237

Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)

....eld parcha by opening new Buzrat Khatians and the petitioner in his capacity as an Assistant Settlement Officer, by abusing his position, as such, obtained for himself and for other persons pecuniary advantage and attested the Khatians on the basis of the fabricated deeds in spite of knowing that th......herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ...... the accused petitioner Loskoar Mohammed Mostan Billah upon an application under section 439 of the Code of Criminal Procedure calling upon the Deputy Commissioner, Khulna to show cause as to why the order dated 22­10‑2001 passed by the learned Additional Sessions Judge, 4th Court, Khulna and Spe......herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ..

Category: Criminal Law | Date: | Hits: 56

State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)

....004) 185. ......dris Jamai 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: 56 DLR (HCD) (2004) 185. ......tional Sessions Judge, 1st Court Khulna for confirmation of sentence of death awarded to the condemned prisoners Ershad Ali Sikder, Faruk Jamai and LM Liaquat Ali Lasker, pursuant to the judgment and order of conviction dated 31‑1‑2001 in Sessions Case No. 43 of 2000. Besides jail appeals, the c......dris Jamai 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: 56 DLR (HCD) (2004) 185. ..

Category: Criminal Law | Date: | Hits: 110

Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)

.... be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ...... brother Obaidul Islam alias Shipon (PW5). He, also, demonstrated how at the call of accused Selim, accused Babul Sikder fired at the chest of his father Ismail Kha with firearm. He indicated that in order to get rid of the murder case the accused persons filed a false dacoity case and Final Report ......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..

Category: Criminal Law | Date: | Hits: 54

Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)

....Mominur Rahman J Md. Arayes Uddin J Salahuddin Talukder (Md).....................................................Petitioner Vs. Government of the People's Republic of Bangladesh.................Respondent Judgment April 16, 2002. Cases Referred to- ......r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ......00) should not be declared to be ultra vires of Articles 133 and 136 of the Constitution of the People's Republic of Bangladesh and, as such, illegal and without lawful authority and why the impugned order No. 7(2) Shu: Va: Pro­3/2000/613 dated 20‑8‑2000 as corrected by order dated 28‑8‑200......r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ..

Category: Employment/Service Law | Date: | Hits: 116

Grameen Telecom Vs. Dr. Rowshan Alam and others, 2010, 39 CLC (AD)

....o the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ......y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ......ed by Md. Abtab Hossain, Advocate-on-Record-For Respondent Nos. 1 and 2. Not Represented-For Respondent Nos.3-75. Civil Petition for Leave to Appeal No. 2029 of 2010. (From the judgment and order dated 25.7.2010 passed by the High Court Division in Civil Revision No. 1932 of 2010.) Judg......y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ..

Category: Procedural Law | Date: | Hits: 115

Arefin Mehanati Bahomukhi Samabaya Samity Ltd. Vs. Additional Deputy Commissioner Revenue and others, 2010, 39 CLC (AD)

....in the Court of Assistant Judge, Hathazari, Chittagong seeking declaration that the defendant-respondents have no right to alienate the suit land by way of tender or in any other manner denying their admitted possession therein. After institution of the suit he filed an application for temporary inj......petition is accordingly dismissed with cost of Tk. 5,000.00 to be paid by the learned Counsel for the petitioner. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 68, VIII ADC (2011) 155. ......cate, instructed by Mr. Mahbubur Rahman, Advocate-on-Record-For the petitioners. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 381 of 2009. (From the judgment and order dated 3.12.2008 passed by the High Court Division in Civil Revision No.273 of 2004.) Judgme......petition is accordingly dismissed with cost of Tk. 5,000.00 to be paid by the learned Counsel for the petitioner. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 68, VIII ADC (2011) 155. ..

Category: Property Law | Date: | Hits: 58

Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)

....tioner Vs. Md. Raisuddin and others .....................Respondents Judgment October 6, 2010. Case Referred To- Chhajju Ram Vs. Neki, AIR 1922 P.C.112. Lawyers Involved: Awlad Ali, Senior Advocate, instructed Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not......ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......or Advocate, instructed Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 383 of 2009. (From the judgment and order dated 28.7.2008 passed by the High Court Division in Civil Revision No. 3570 of 2000.) Judg......ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39...

Category: Property Law | Date: | Hits: 48

Ocean Containers Ltd. Vs. Government of Bangla­desh and others, 2002, 31 CLC (HCD)

....an Containers Ltd………………………..………….Petitioner Vs. Government of Bangla­desh and others.........Respondents Judgment December 10, 2002. Cases Referred To- Ahmadabad Urban Development Authority Vs. Sharad Kumar Jayanti Kumar Paswala, AIR 1992 SC 2038; Me Eldo......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......etitioner company as an undertaking providing physical infrastructure facilities from the date of its promulgation purporting to exclude the petitioner company from the tax exemption and the impugned orders dated 18‑10‑1999 and 17‑2‑2000 vide Annexures C and F to the writ petition, respectiv......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250...

Category: Fiscal/Taxation Law | Date: | Hits: 86

Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)

....ticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......f procuring the release of an accused charged with an offence by ensuring his future attendance in court for trial. The act of arrest directly affects the freedom of movement of a person arrested. An order of bail gives back the accused that freedom on condition that he would appear to take his tria...... duration of Anticipatory Bail. 3. To probe into the question posed, the meaning of Anticipatory Bail may be gathered. 4. What is the meaning of Anticipatory Bail? Before getting the meaning of anticipatory bail, we can straightaway trace out the meaning of the word 'bail." 5. The word 'Bai..

Category: Criminal Law | Date: | Hits: 79

Syed Afsaruddin Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others, 2009, 38 CLC (AD)

.... petition for leave to appeal is dismissed Ed. This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127. ......and thus there is no merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127. ......r Advocate instructed by M.G. Bhuiyan, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 934 of 2008. (From the judgment and order dated 27.11.2007 passed by the High Court Division in Writ Petition No. 6916 of 1997.) Judg......and thus there is no merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127. ..

Category: Property Law | Date: | Hits: 54

Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)

....esuddin J Russel Vegetable Oil Ltd……………….Petitioner Vs. Collector of Customs and others………Respondents Judgment January 27, 2000. Result: Both the Rules are made absolute. Cases Referred to- Mustafa Kamal Vs. Commissioner of Customs, 52 DLR (AD) 1; Mo......her any appeal has been preferred or not. If any appeal is preferred against the order of any Customs officer in respect of goods which are in the custody of the Customs, there is no provision for ad interim or interim relief. The appellant is to wait till the disposal of the appeal, in the meantime......ber 8909. Thereafter on 28-11-94 the petitioner was directed to declare the value of the said goods at US $ 670.00 per metric ton by way of an endorsement on the back of the BIE which is the impugned order. In Writ Petition No.2261 of 1995 the petitioner M/s Afsar Oil and Vegetable Products Priva...... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ..

Category: Fiscal/Taxation Law | Date: | Hits: 79

Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)

.... This Case is also Reported in: 52 DLR (HCD) (2000) 379.......86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......us Case No. 2786 of 1995. Judgment SK Sinha J.- Points involved in this Rule are, whether a Magistrate can initiate a proceeding under section 188 of the Penal Code for alleged violation of his order without making a formal complaint and that whether a revision petition under section 438 of th......86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379...

Category: Criminal Law | Date: | Hits: 57

Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)

....ourt High Court Division (Statutory Civil Original Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Abdul Aziz J Commissioner of Taxes……………… Applicant Vs. Bangladesh Rural Advancement Committee (BRAC)……………..Respondent Judgment February 3, 1999......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......No. 80 of 1995. Judgment Mahmudul Amin Choudhury J. - These two reference, applications have been filed by the Revenue under section 160 of the Income Tax Ordinance, 1984 which arose out of two orders of the same nature in respect of ITA No. 55 of 1994-95 for the assessment year 1989-90 and IT......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ..

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

Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)

.... The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149.......In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149.......ication appears to be out of time by 399 days. The explanation for delay is that the petitioner wrongly filed Miscellaneous Appeal No. 80 of 1994 before the District Judge, Dhaka against the impugned order dated 28-3-94. The petitioner invoked the application of section 14 of the Limitation Act due ......In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149...

Category: Property Law | Date: | Hits: 57