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Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)

.... AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167.       ......corded. Send down the lower Court records with a copy of this judgment, immediately.  AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167.       ......idha, 7 BLC 561;B.M.B. Lawyers Involved: Not represented-the appellant. Mohammad Ali Akanda, Deputy Attorney General with Mrs. Shahnaz Haque, Assistant Attorney General and A.K.M. Salahuddin Khan, Assistant Attorney General - For the State.  Criminal Appeal No.4953 of 1991(Dhaka) (Crimi.............Appellant Vs. The State.............................................Respondent Judgment March 6, 2008. Reselt: Criminal Appeal No.4953 of 1991 is allowed.  The judgment and order of conviction and sentence is set aside.  Jail Appeal No.4954 of 1991 is disposed. ..

Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174

Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)

....dgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ......Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ......Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ......dgment here. Supreme Court High Court Division (Civil) Present: Syed Abu Kowser Md. Dabirush-Shan J Kazi Ali Ahmed………………………Petitioner Vs. Mohammad Nurunnabi and others……………………………..Opposite Parties Judgment March 5, 2008. Resu..

Category: Property Law | Date: 5 Mar, 2008 | Hits: 28

Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)

....rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193.  ......rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193.  ......008. Result: The rule is discharged. Cases Referred to- Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur and others, 35 DLR (AD) 216; Noor Mohammad Khan and others Vs. Government of the People's Republic of Bangladesh, 42 DLR 434. Lawyers Inv......also Reported in: 13 MLR (HCD) (2008) 193.  ..

Category: Property Law | Date: 18 Feb, 2008 | Hits: 7

Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)

.... This Case is also Reported in: 61 DLR (HCD) (2009) 804. ......rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ......rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ......osite Parties Judgment January 28, 2008. Result: The Rule is discharged without any order as to costs. In a Partition Suit, disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defendant as ..

Category: Property Law | Date: 28 Jan, 2008 | Hits: 31

Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)

....is Case is also Reported in: 61 DLR (HCD) (2009) 76. ......he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ......he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ......an)......................Opposite Parties Judgment January 28, 2008. Result: The Rule is made absolute. Before a Court of law no party should receive any special treatment, and if such kind of treatment is allowed that would definitely shake the faith of the litigant peo..

Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210

Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)

.... This Case is also Reported in: 61 DLR (HCD) (2009) 397. ......erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ......CD) (2009) 397. ......ellate Tribunal in ITA No. 4319 of 2001-2002 in respect of assessment year 1998-99. 2. The assessed who presented the above reference is stated to be the proprietor of a firm namely Ms. Nabab and Company. He is engaged in the business of construction as a contractor, security guard supply, ..

Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13

Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....Mostafizur Rahman Vs. Bangladesh, 51 DLR (AD) 1; Shiv Prasad Vs. State of MP AIR 1981 (SC) 870; M. Mahmood Vs. Bang­ladesh, 43 DLR 83; Baqi Baluch, 20 DLR (SC) 249; Kudrat-e-Elahi Vs. Bangladesh; Md. Farid Alias Munna Vs. The State, Criminal Miscellaneous Case No.10953 of 2007. Lawyers I......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......cellaneous Case No.10953 of 2007. Lawyers Involved: Ahsanul Karim with Faheemul Huq with Khairul Alam Choudhury with Md. Kabir Iqbal Hossain with Aminul Hoque with Md. Mostafizur Rahman Khan and Md. Tajul Islam Advocates-For the Petitioner. Mubina Asaf, Deputy Attorney-General-For...... Mirza Hussain Haider J Mamnoon Rahman J Sultana Hashem……………………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents Judgment January 21, 2008. ..

Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10

Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)

.... Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ......stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ......The appeal is allowed. Cases Referred to- Nawsher Mollah Vs. State, 1991 BLD 295; Soleman Vs. State, 1990 BLD 179 = 42 DLR 118; Saidur Rahman Neuton Vs. State, 45 DLR (AD) 66; Momtaz Ahmed Khan Vs. State, 19 DLR (SC) 259; Abul Kashem Vs. State, 1992 BLD 513; Md. Abdul Khaleque Vs. State, ...... 513; Md. Abdul Khaleque Vs. State, 12 DLR (SC) 165; Rashid Ahmed Vs. State, 10 DLR 532; Mafizuddin Mondal Vs. State, 14 DLR (SC) 821. Lawyers Involved: M Enayetur Rahim with Shahida Khatun and Nusrat Zahan, Advocates - For the Appellant.  Umme Kulsum Begum, Deputy Attorney-Gener..

Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27

Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....cated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ...... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ......008. Result: The rule is discharged. Cases Referred to- Al-Haj Abul Basher being dead his heirs Hosne-Ara Begum and others Vs. Bangladesh and others, 50 DLR (AD) 11; Professor Abdur Rahim Khan and others Vs. Ministry of Industries and others, 7 BLT (AD) 313. Lawyers Involved: Shafi......e is also Reported in: 14 MLR (HCD) (2009) 264. ..

Category: Property Law | Date: 9 Jan, 2008 | Hits: 20

Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

.............Respondents Judgment January 8, 2008. Result: The Rule is discharged. Lawyers Involved: Akhter Iman with ABM Morshed, Advocates — For the Petitioner. Md. Badruddoza, Advocate — For Respondent No. 3. Shaheed Alam, Advocate — For Respo......ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ...... also Reported in: 61 DLR (HCD) (2009) 513. ......ed the loan with simple interest of Taka 13.6% per annum. But the petitioner could not let out the house at an expected rent as a result of which he failed to pay the regular installments to the Bank and requested the Bank for re-scheduling the outstanding debt with simple interest. But the Bank ins..

Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9

Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)

....gsha Datta Vs. Satish Chandra Das, 7 MLR (AD) 249 = 54 DLR (AD) 173; Government of Bangladesh Vs. Paresh Chandra Gharami, 50 DLR (AD) 70; Hussain Ahmed Chowdhury alias Ahmed Hussain Chowdhury Vs. Md. Nurul Amin, 47 DLR (AD) 162. Lawyers Involved: Faruque Ahmed, Advocate — For the P...... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ...... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ......Case is also Reported in: 61 DLR (HCD) (2009) 509. ..

Category: Property Law | Date: 7 Jan, 2008 | Hits: 9

Abu Safa (Md.) Vs. Abdul Momen Chowdhury, 2007, 36 CLC (AD)

....ce of the court's order dated November 28, 2007. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 17. ......ppeal was filed by using fabricated and non-genuine papers and for non-compliance of the court's order dated November 28, 2007. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 17. ......ppeal was filed by using fabricated and non-genuine papers and for non-compliance of the court's order dated November 28, 2007. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 17. ......………………..Respondents Order December 11, 2007. Result: The appeal is dismissed. Filing of a case by non-genuine person upon using imaginary name of a person and by using fabricated papers is highly deprecable one and, as such, strongly disapproved by the C..

Category: Procedural Law | Date: 11 Dec, 2007 | Hits: 7

Md. Mokter Hossain Khan Vs. State, 2007, 36 CLC (AD)

....ioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ...... find good deal of force in the points argued by the learned Advocate for the petitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ......16. ......ence of evidence as to the presence of the condemned-petitioner in the place of occurrence with his family, the condemned-petitioner can not be taken to be liable to prove the fact as to how his wife and 3(three) year old daughter met their death by invoking section 106 of the Evidence Act. The onus..

Category: Evidence Law | Date: 9 Dec, 2007 | Hits: 10

Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)

....am Parkash, AIR 1977 (SC), 1201 at paragraph 3, page 1205; Vide Kiran Singh Vs. Chaman Paswan, (1955) 1 SCR 117 = (AIR 1954 SC 340); Hiralal Patni Vs. Kali Nath, (1962) 2 SCR 747 = (AIR 1962 SC 199); Md. Ahsanullah Vs. Arafatunnessa, 33 DLR (AD) (1981) 17, at paragraph 4, page 20; Gorachand Haider V......mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17.    ......ellip;…………………Opposite Parties Judgment December 6, 2007. Result: The application is dismissed. Cases Referred to- Ramjan Khan Vs. Obaidul Huq, 28 DLR (AD) (1976), 57; Sunder Dass Vs. Ram Parkash, AIR 1977 (SC), 1201 at pa......hellip;…………………………………………………..Petitioner Vs. M.V. PELEAS K and others………………………Opposite Parties ..

Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19

AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)

.... Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ......o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ......o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ......in: 13 BLC (HCD) (2008) 111. ..

Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139

Al Haj A.B.M. Mohiuddin Chowdhury Vs. State, 2007, 36 CLC (HCD)

....agong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ......of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ......pondent Judgment December 2, 2007. Result: The rule is made absolute. Lawyers Involved: Dr. Kamal Hossain with A.K.M. Faiz, with H.S. Deb Barman-For the Petitioner. Khandaker Diliruzzaman, Assistant-Attorney General-For the Petitioner. Criminal Miscellaneous C......ndent Judgment December 2, 2007. Result: The rule is made absolute. Lawyers Involved: Dr. Kamal Hossain with A.K.M. Faiz, with H.S. Deb Barman-For the Petitioner. Khandaker Diliruzzaman, Assistant-Attorney General-For the Petitioner. Criminal Miscellaneous Cas..

Category: Criminal Law | Date: 2 Dec, 2007 | Hits: 3

Manzill Murshid and 6 others Vs. Bangladesh and another, 2007, 36 CLC (HCD)

....অত্র রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা ইইল। Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 94. ......অত্র রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা ইইল। Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 94. ......অত্র রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা ইইল। Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 94. ......ব প্রদান করিবার আবেদন করিয়া অত্র রীট মোকাদ্দমাটি দায়ের করা হইয়াছে। Human Right and Peace for Bangladesh নামক সংস্থার সভাপতি এ্যাডভো..

Category: Others | Date: 2 Dec, 2007 | Hits: 7

Bengal Glass Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, Jotsna Complex, 2007, 36 CLC (HCD)

....e. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 18. ......78,40,997.85 by crediting the sum to the Current Account of the petitioner. Send down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 18. ......unal, Jotsna Complex…………………Respondents Judgment November 26, 2007. Result: The Rule is made absolute. Lawyers Involved: Khan Saifur Rahman with Md. Shakir Hossain and Abu Hanif-For the Petitioner. Nahid Mahtab, Depu......hellip;…………………………………………………Petitioner Vs. Customs, Excise and VAT Appellate Tribunal, Jotsna Complex…………………Re..

Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9

Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)

....ent be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009)  254. ......hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009)  254. ......n Ara Begum and another, 57 DLR (AD) 167; Bangladesh Vs. Asraf Ali and an­other, 2 MLR (AD) 96; Government of Bangladesh Vs. Asraf Ali and another, 2 MLR (AD) 96. Lawyers Involved: T.H. Khan with Razina Chowdhury, Advocates- For the Petitioner. (In Writ Petition Nos.2603 of 2000 ...... (In Writ Petition No.5721 of 1997) Judgment November 15, 2007. Result: The Rules are discharged. Cases Referred to- Government of Bangladesh Appellant Vs. Md. Jalil and others, 15 BLD (AD) 175=49 DLR (AD) 26; Bangladesh Vs. Rehana Kamal and others, 56 DLR (AD) 1; T..

Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6

Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)

....'s record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ......et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ...... The Appeal is allowed. Cases Referred to- Hossain Shially (Fakir) Vs. The State, 8 MLR 355; Fazlul Hoq Sikder Vs. The State, 15 BLD 364; Abdul Hye Vs. The State, 20 DLR 407; Pear Ali Khan Vs. The State, 7 BLT 59; Anarul Islam Vs. The State, 58 DLR (AD) 73. Lawyers Involved: ...... Md. Mizanur Rahman Bhuiyan J.-The appellant Fazlu alias Fazla preferred this ap­peal under section 24 of the Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 challenging the judgment and order of convic­tion and sentence dated 18.05.2000 passed by the learned Judge, Nari-O-Shishu..

Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14