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State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....Appeal No. 394 of 2001 and Jail Appeal No. 817 of 2001. Judgment SK Sinha J.- This reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, 1st Court Khulna for confirmation of sentence of death awarded to the condemned prisoners Ers......ris 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. ......i 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. ......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)
....abul Sikder on call of Selim Sikder fired at him.Babul Sikder, Selim Sikder, Salam Kha, Alam Kha,Dulu Kha, Farid Kha, Zamal and Abdul Jabbar stood charged and tried before learned Additional Sessions Judge, Second Court, Barisal in Sessions Case No. 46 of 1995 arising out of Bakerganj Police Station......erganj) 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. ......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. .............Appellants Vs. State represented by the DC.................Respondent Judgment April 5, 2003. Cases Referred to- Rameshwar Dayal and others Vs. State of UP, AIR 1978 SC 1558; Bangladesh (State) Vs. Paran Chandra Baroi, 1986 BCR (AD) 225; Asadur Rahman alias Asad and others V..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....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. ......, 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. ......ser 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. ...... SAN 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 t..Category: Employment/Service Law | Date: | Hits: 116
Grameen Telecom Vs. Dr. Rowshan Alam and others, 2010, 39 CLC (AD)
....of the Code of Civil Procedure for addition of party. The plaintiffs filed two applications on 22nd April, 2010, for withdrawal of the suit with a permission to sue afresh. The learned Joint District Judge upon hearing the parties allowed the applications for withdrawal of the suit and rejected the ......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. ......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. ..Category: Procedural Law | Date: | Hits: 115
....order dated 3rd December, 2008 of a Single Bench of the High Court Division in Civil Revision No. 273 of 2004.
2. The petitioner instituted Other Class Suit No.37 of 1999 in the Court of Assistant Judge, Hathazari, Chittagong seeking declaration that the defendant-respondents have no right to ali......etition 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.
......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.
......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)
....nt and decree dated 28th July, 2008 of a Single Bench of the High Court Division in Civil Revision No.3570 of 2000 arose out of Other Class Suit No.33 of 1992 pending in Court of the Senior Assistant Judge, Ishwarganj. 2. Respondent No.1 instituted the above suit for declaration of title in the s......lity 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.......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.......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)
....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.......d 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.......e 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....... as it has been so intended by clause 2 thereof. 7. Section 46A was inserted in the Income Tax Ordinance, 1984 by the Finance Act, 1995 providing for tax exemption to certain undertaking set up in Bangladesh between 1st July, 1995 and 30th day of June, 2000 (both days inclusive) provided it was, ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....il' means as per Wharton's Law Lexicon, to set at liberty a person arrested on security being taken for his appearance." 10. The 'Bail' as per the Encyclopedia Britannica is a procedure by which a Judge or Magistrate sets at liberty one who has been arrested upon receipt of security to ensure the......dgment. 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....... 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.......set out. In State Vs. Abdul Wahab Shah Chowdhury and another 51 DLR (AD) 242=4 MLR (AD) 291 an observation has been recorded by Appellate Division in the terms that since there is a Law Commission in Bangladesh the matter may be referred by the Government before the Law Commission for incorporating ..Category: Criminal Law | Date: | Hits: 79
.... the original lessee of the case property and that the writ petitioner got the required sale deed executed and registered through Court by filing Title Suit No.121 of 1981 in the Court of Subordinate Judge, 4th Court, Dhaka, for Specific Performance of Contract as the original lessee did not execute......nd 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.
......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.
...... Court
Appellate Division
(Civil)
Present:
Mohammad Fazlul Karim J
Md. Joynul Abedin J
Shah Abu Nayeem Mominur Rahman J
Syed Afsaruddin....................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of ..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
.... 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. ......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. ......hs. 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. ......ric ton which has been challenged by the petitioner. 8. Mr. Zainul Abedin, the learned Advocate appearing on behalf of the petitioner placed before us a copy of the SRO issued by the Government of Bangladesh, Ministry of Finance Internal Resources Division (Customs) dated 28-10-93 to show us that..Category: Fiscal/Taxation Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....thout making a formal complaint and that whether a revision petition under section 438 of the Code of Criminal Procedure against an order of Magistrate is maintainable even after the learned Sessions Judges have been invested with powers under Section 439A of the said Code to exercise all or any of ......6 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.......g 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.......akistan, Sessions Judges have been given revisional powers to make final orders but at the same time, their powers under section 438 to recommend to the High Court for orders have been taken away. In Bangladesh, Sessions Judges have been given revisional powers to make final orders but simultaneousl..Category: Criminal Law | Date: | Hits: 57
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....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. ......stions 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. ......ut 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. ......eme Court 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,..Category: Fiscal/Taxation Law | Date: | Hits: 99
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
.... Qazi Ebadul Hoque J. - This application 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 sec......n 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.......sult, 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.......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
....
Not Represented —the Respondents.
Writ Petition No. 1879 of 1993.
Judgment
Qazi Shafiuddin J.- In this Rule the memo dated 22-9-93 issued by the respondent No. 3 District and Sessions Judge, Dhaka according permission to the respondent No. 1 Deputy Director, Bureau of Anti Corruption......ions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145.......ge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145.......
This Case is also Reported in: 51 DLR (HCD) (1999) 145...
Category: Criminal Law | Date: | Hits: 41
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....ent Nos. 7 and 9. First Appeal No. 366 of 1995. Judgment Md. Joynul Abedin J. - This first appeal is directed against the impugned judgment and decree dated 12-8-95 passed by the Subordinate Judge, 3rd Court Dhaka in Title Suit No. 171 of 1988 declaring that the plaintiff-respondent is enti......ing the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......orted in: 51 DLR (HCD) (1999) 141. ..Category: Property Law | Date: | Hits: 116
....efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136.......fits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136.......is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136.......
Present:
Md. Fazlul Haque J
Md. Abdul Matin J
Mainul Haque (Md.)………………….Petitioner
Vs.
Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, Bangladesh Secretariat Dhaka and others………Respondents
Judgment
October 26, 1..
Category: Employment/Service Law | Date: | Hits: 72
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....ies. Civil Revision No.121 of 1990 Civil Revision No. 2480 of 1991. Judgment Gour Gopal Saha J. - This Rule is directed against the judgment and order dated 10-1-90 passed by the District Judge, Gaibandha in Misc. Appeal No. 72 of 1988 reversing the judgment and order dated 29-9-88 passe......tion is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ......allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ......ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ..Category: Property Law | Date: | Hits: 56
Mukit and others Vs. State, 2011, 40 CLC (AD)
....dgment and order dated 26th October, 2008 of a Division Bench of the High Court Division in Criminal Appeal No. 2213 of 1997 affirming that dated 30th October, 1997 of the learned Additional Sessions Judge, First Court, Sylhet in Sessions Case No.2 of 1994. 2. Facts relevant for the disposal of t......n be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ...... at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ..Category: Criminal Law | Date: | Hits: 49
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
....ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ......y infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ......ity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ......3 DLR (AD) (2011) 80. ..Category: Civil Law | Date: | Hits: 116
State Vs. Mukta Khan and another, 2011, 40 CLC (AD)
....rently this petition has become infructuous. 6. Before parting with this matter we would like to reiterate that any decision passed by this Division is binding upon all Courts in Bangladesh and no Judge can ignore it. If he does it may not only be contemptuous but also tantamount to violation of ......th this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ......observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ......record. 5. Apparently this petition has become infructuous. 6. Before parting with this matter we would like to reiterate that any decision passed by this Division is binding upon all Courts in Bangladesh and no Judge can ignore it. If he does it may not only be contemptuous but also tantamoun..Category: Criminal Law | Date: | Hits: 55
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