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Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)

....foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......Attorney-General—For the Respondents. Writ Petition No. 2898 of 1997. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order vide Annexure C (I) issued by the respondent No.2 vide letter No. Shilpa/Shinish/I/FF-6/81 (Pa..

Category: Others | Date: | Hits: 95

Abdul Jabber and others Vs. Mohammad Sekander and others, 1998, 27 CLC (HCD)

....stay order if any granted earlier is duly vacated. No order as to costs. Records of the Courts below shall be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 62. ......ty, Advocate—For the Opposite Parties. Civil Revision No. 2147 of 1992. Judgment Abu Sayeed Ahammed J.- This Rule has been issued at the instance of the pre-emptee against the judgment and order dated 22-7-92 passed by the Subordinate Judge, Cox’s Bazar in Misc. Appeal No. 55 of 1987, a..

Category: Property Law | Date: | Hits: 67

Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)

....Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ......assaulted the deceased with baitha and lathi, threw him in the water, pulled him up and took him to their boat. PW 1 himself was threatened by late accused Monnaf and he was going to be chased on the order of Monnaf whereupon he fled away to his house. PW 1 is a direct eye-witness of the occurrence ..

Category: Criminal Law | Date: | Hits: 55

Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)

.... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ......ocate — For the Petitioner. Bivash Chandra Biswas with SS Halder, Advocates — For the Opposite Parties. Civil Revision No. 2181 of 1994. Judgment Gour Gopal Saha J. - In this Rule the order dated 27-2-1994 passed by the Subordinate Judge, Bogra in Miscellaneous Case No.106 of 1989, a..

Category: Property Law | Date: | Hits: 88

Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)

....e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ......f them continued to live together. 17. The law in this respect is well settled. A Mahomedan may dispose of all his properties by way of gift in favour of anybody, even to a stranger. But a gift in order to be valid and complete, there should, firstly, be a declaration of gift by the donor in favo..

Category: Property Law | Date: | Hits: 72

Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)

....s, PLD 1975 SC 160 and Kashem Ali Vs. State and others, 40 DLR (4D) 294 may be referred to in this context. In Kashem Ali Vs. State and others, 40 DLR (AD) 294, ATM Afzal J (as his Lordship then was) speaking for the Court stated thus: “We would, however, like to add that with the change of tim......adrul Huq J.- The subject matter of challenge in this Rule issued on an application under section 439 of the Code of Criminal Procedure at the instance of the informant-petitioner is the judgment and order of acquittal passed upon the accused-opposite-parties in a Session Case of the charge of murde..

Category: Criminal Law | Date: | Hits: 42

Probir Kumar Chowdhury alias Tinku and others Vs. State, 1998, 27 CLC (HCD)

....ted to the petitioners is recalled. They are directed to surrender before the Court below. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 42.......s become infructuous. 4. Learned Advocate for the petitioner submitted that his clients obtained bail from the lower Court on the basis of the anticipatory bail granted by this Court and, as such, order of bail should be confirmed. 5. On going through the materials on record we find that there..

Category: Criminal Law | Date: | Hits: 33

Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)

....y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40....... why the Sessions Case No.231 of 1994 arising out of Sabuzbag PS Case No. 20(3) of 1990 now pending in the 5th Court of Additional Sessions Judge, Dhaka should not be quashed or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts, in short, necessary fo..

Category: Criminal Law | Date: | Hits: 62

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

....direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......ioners under section 498 of the Code of Criminal Procedure and Criminal Revision No.254 of 1997 arising out of an application under section 439 of the Code of Criminal Procedure for setting aside the order cancelling the bail to the accused-petitioner of the said case having arisen out of a murder c..

Category: Criminal Law | Date: | Hits: 65

State Vs. Md. Ariful Islam @ Arif, 2010, 39 CLC (AD)

.... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ......he Petitioner. T.H. Khan, Senior Advocate, instructed by Taufiq Hossain, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 347 of 2010. (From the judgment and order dated 26.05.2010 passed by the High Court Division in Criminal Miscellaneous Case No. 6566 of ..

Category: Criminal Law | Date: | Hits: 50

Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)

.... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ....... Md. Salahuddin, Advocate—For Respondent No. 6. Writ Petition No. 1119 of 2004. Judgment Abdus Salam Mamun J.- This Rule Nisi was issued upon the respondents as to why the cancellation order communicated by the Memo No. বিঃ বোঃ/ নিঃ ওসঃ/-২/০৪/২৪০ da..

Category: Others | Date: | Hits: 182

State Vs. Babul Miah, 2010, 39 CLC (AD)

....pt the inculpatory element and reject the exculpatory element". This decision came up for consideration in the Supreme Court of India in Nishi Kant Jha Vs. State of Bihar, AIR 1969 SC 422. Mitter, J. speaking for the Supreme Court argued that the inculpatory element can be accepted if the exculpator...... Additional Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Appellant. Ex-prate- For the Respondent. Criminal Appeal No. 20 of 2001. (From the judgment and order dated 30.5.1995 passed by the High Court Division in Death Reference No. 20 of 1992 heard alon..

Category: Criminal Law | Date: | Hits: 58

Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)

....he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ......ed-Respondent (In Civil Petition No. 1333 of 2008). Civil Petition for Leave to Appeal Nos. 1498-99 of 2007. And Civil Petition for Leave to Appeal No.1333 of 2007. (From the judgment and order dated 9.11.2006 passed by the High Court Division in Civil Revision No. 3257 of 2003). Judg..

Category: Property Law | Date: | Hits: 62

Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)

....n record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12.......Petitioner Nurul Islam Bhuiyan, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-14. Civil Petition for Leave to Appeal No.1786 of 2009. (From the judgment and order dated 26.05.2009 passed-by the High Court Division in Civil Revision No. 4712 of 2002.) Jud..

Category: Property Law | Date: | Hits: 71

Abdur Rashid Vs. Afzal Gazi and others, 2010, 39 CLC (AD)

....on was right in setting aside the judgment of the Appellate Court below. We find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4....... instructed by Haridas Paul, Advocate-on-Record-For Respondent Nos.1-10. Not represented-Respondent Nos. 11-137. Civil Petition for Leave to Appeal No. 2227 of 2009. (From the judgment and order dated 16.08.2009 passed by the High Court Division in Civil Revision No.556 of 2006.) Judgm..

Category: Property Law | Date: | Hits: 57

Abdul Majid Pramanik and others Vs. Md. Sorhab Ali and others, 2010, 39 CLC (AD)

....mission of Mr. A.F.M. Mesbahuddin, learned Senior Counsel, appearing for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 1.......ners. Nurul Islam Bhuiyan, Advocate-on-Record- For Respondent No.1. Not Represented- For Respondent Nos. 2-51. Civil Petition for Leave to Appeal No. 2217 of 2009. (From the judgment and order dated 6.8.2009 passed by the High Court Division in Civil Revision No. 3069 of 2008.) Judgm..

Category: Property Law | Date: | Hits: 54

Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)

.... passed in spite of exercise of due diligence, (b) mistake or error apparent on the face of the record, (c) for any other sufficient reason. The circumstances mentioned in (a) and (b) are almost self speaking but the circumstances mentioned in (c) above are natters to be interpreted. Any other suffi......eal from Original Order No. 98 of 1996. Judgment Amirul Kabir Chowdhury J. - This First Miscellaneous appeal is directed at the instance of the plaintiff appellants challenging the judgment and order dated 19-5-96 passed by Mr. Md. Muniruzzaman, Subordinate Judge, 1st Court, Feni in Miscellane..

Category: Property Law | Date: | Hits: 59

Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)

....e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......or discharge on the ground that no sanction for prosecution against him was obtained from the Government although he is a public servant (Annexure G). But the learned Additional Sessions Judge by his order dated 28-9-92 again rejected his petition on the ground that the petitioner not being a servan..

Category: Criminal Law | Date: | Hits: 50

Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ......hority. Further, it was argued that sub-section (7) of section 25 is independent of other provisions of the section and there being no guideline for determination for fixing tariff value the impugned order is arbitrary and without lawful authority. It is further contended that as the petitioner bein..

Category: Fiscal/Taxation Law | Date: | Hits: 84

Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)

.... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......t No. 2. M.A. Samad with M.G.H. Ruhullah, Advocate-for Respondent No. 4. Writ Petition No. 6819 of 2010 Judgment Md. Ruhul Quddus J.- This Rule Nisi was issued to examine the validity of order No.76 dated 10.3.2010 (annexe-C to the writ petition) passed by the Artha Rin Adalat, Narayang..

Category: Civil Law | Date: | Hits: 183