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Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......- AKM Shamsuddin Vs. Dr. Aftab Uddin Ahmed, 12 BLD (AD) 81 = 43 DLR (AD) 230; Ramjan Ali Mistry Vs. Hedayet Ullah, 31 DLR (AD) 183; AIR 1967 SC 389; Bombay Vs. United Motors, AIR 1958 (SC) 252; Seaford Court Estates Ltd. Vs. Asher (1949) 2 KB 481; Padmasundrao Rao (Dead) Vs. State of TN, AIR 2002......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......tentia legis. They must in general take it absolutely for granted that the legislature has said what it meant, and meant what it has said. Ita scriptum est is the first principle of interpretation. Judges are not at liberty to add to or take from or modify the letter of the law, simply because the..Category: Tenancy Law | Date: | Hits: 210
Amir Hossain Vs. M.V. TITU-5 and others, 2010, 39 CLC (HCD)
....a and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Reported in: ......- For the Defendants. Admiralty Suit No.15 of 2007. Judgment AFM Abdur Rahman J. - By this application the plaintiff Amir Hossain represented by the learned Advocate Mr. S.K. Siddique prays for withdrawal of the Money Suit No.30 of 2008 now pending in the Court of 2nd Additional District J......a and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Reported in: ......he prayer of the plaintiff for withdrawal of the said suit and to adjudicate the same along with the instant suit. Therefore, the application succeeds. 5. It appears that the earlier Admiralty Judges of this court have also allowed such prayer which appears from the judgment of Admiralty Suit..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
....7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ......haka in Criminal Revision No.302 of 1987. By the said order the learned Additional Sessions Judge maintained the order of the learned Magistrate dated 14-5-87 reviving the case and allowed the prayer for reinvestigation of the case made by the police. 2. Facts relevant for the disposal of the Rul......7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ......been discharged, specific remedy has been provided in section 436 of the Code of Criminal Procedure, against such order of discharge of accused. In such cases, the High Court Division or the Sessions Judges may direct the Chief Metropolitan Magistrate or any Magistrate, as the case may be, to make f..Category: Criminal Law | Date: | Hits: 56
Moshfiqul Islam alias Bilu Vs. State, 2000, 29 CLC (HCD)
....qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593.......is that accused appellant was arrested on 15-4-1990 under section 54 of the Code of Criminal Procedure and on interrogation he admitted to have unauthorised arms in his possession and leading to his aforesaid admission police went to City College and in presence of witnesses the accused-appellant hi......qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593.......Ghosh, Assistant Superintendent of Police was Officer-in-charge of the Police Station on 16-4-90. He deposed that on 2-4-90 accused Moshfiqur Rahman created reign of terror in the campus of the local Judges Court and the nearby premises by firing from a licensed revolver with his friends and he also..Category: Criminal Law | Date: | Hits: 48
Mujibur Rahman Pathan and another Vs. State, 2011, 40 CLC (HCD)
.... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......cation under section 265 C of the Code of Criminal Procedure filed by the accused-appellants and framing charge against them in Nari-o-Shishu Nirjatan Damon Case No. 462 of 2003. 2. Facts relevant for disposal of this appeal are that the victim-informant Nargis Ara Banu lodged an ejahar with Tejg...... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......of enquiry under sections 265C and 265D of the Code. The Appellate Division ultimately dismissed the appeal and upheld the judgment of the High Court Division on the reasons: “8. … The learned Judges found that in the statements under section 161 of the Code none of the witnesses mentioned th..Category: Criminal Law | Date: | Hits: 55
Mainmunal Islam and others vs. The Collector of Customs and others, 2010, 39 CLC (AD)
....essed with customs duty and Vat on the basis of such S.R.O. We find no substance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ......customs duty and tariff value at an enhanced rate of U.S. $ 3.50 per Kg. on secondary quality Tyre cord fabrics. The respective writ-petitioners main contention are that they opened letters of credit for import of secondary quality Tyre cord fabrics and as such enhancement of customs duty directing ......essed with customs duty and Vat on the basis of such S.R.O. We find no substance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ......he respondents directed the petitioners to declare tariff value on the basis of the S.R.Os. dated 02.02.1993 and 28.10.1993 respectively which are not applicable to the petitioners. 4. The learned Judges of the High Court Division discharged all the Rules holding that the importer-petitioners are..Category: Fiscal/Taxation Law | Date: | Hits: 75
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......Md. Ali Asgar Khan J. - This Death Reference under section 374 of the Code of Criminal Procedure (shortly referred to as the Cr.P.C.) has been made by the learned Additional Sessions Judge, Jhalakati for confirmation of the sentence of death imposed upon seven persons in terms of the judgment and or......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......referred Jail Appeal No.457 of 2006. The Death Reference and the Jail Appeal have been heard together and they are disposed of by this Judgment. 3. This is a case of murder of two Senior Assistant Judges named Jagannath Pandey(পাঁড়ে) and Shahid Sohel Ahmed of Jhalakati Judgeship. The ki..Category: Criminal Law | Date: | Hits: 224
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
.... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ......tiff-opposite party-petitioner (hereinafter referred to as petitioner) instituted a Money Suit being Money Suit No. 2 of 2003 in the Court of the learned Additional Joint District Judge, Narayanganj, for recovery of money amounting to Taka 27,14,28,735.33 as compensation from the defendants-petition...... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ......ns in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn. (3) For the purpose of this section, Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court. (4) The Court trying any suit tra..Category: Civil Law | Date: | Hits: 92
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ......ukbul Hossain, 26 DLR 419. Lawyers Involved: Abdul Malek with Asaduzzaman, SM Shujahan, Advocates—For the Condemned Prisoner. Md. Khalilur Rahman Bhuiyan, Advocate —State defence lawyer for absconding Condemned Prisoners. AM Mahbub Uddin with Md. Yunus Ali Akond, Md. Kamruzzaman, Na......e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ...... such delect, that would not have been fatal in view of me pronouncement of the Appellate Division in the case of Mizanur Rahman and others Vs. State 1996 BLD (AD) 293 which runs as follows: "The Judges noticed that although the learned Sessions Judge did not mention anything about the confessio..Category: Criminal Law | Date: | Hits: 236
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......cused-petitioner from entering into the case land which was ultimately converted to a Miscellaneous proceeding under section 145 of the Code of Criminal Procedure and at the time of adducing evidence for ascertaining physical possession in the land in question the petitioner filed a Kabala Deed No. ......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311...Category: Criminal Law | Date: | Hits: 60
Sonali Bank Limited and Others Vs. Prime Global Limited and Others, 2011, 40 CLC (AD)
....from the date of receipt of this order in accordance with law. Ed. This Order is also Reported in: 63 DLR (AD) (2011) 99, 31 BLD (AD) (2011) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ......-For Respondent Nos.1 & 2. Dr. M. Zahir, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 6. Not represented-Respondent Nos. 3-5. Civil Petition for Leave to Appeal No. 2347 of 2010. Order ABM Khairul Hague CJ. - This petition for leave to......from the date of receipt of this order in accordance with law. Ed. This Order is also Reported in: 63 DLR (AD) (2011) 99, 31 BLD (AD) (2011) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ......odes of service as mentioned above, but even then the postal receipt, if not the acknowledgment due, must be on record, showing the actual posting of the notice/summons. 14. Besides, the learned Judges should be careful that the publication of the summons through the national news papers should..Category: Civil Law | Date: | Hits: 102
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....ule was issued calling upon Mr. Harun Chowdhury, District Magistrate, Sylhet and Mr. Mostafa Kamal, Superintendent of Police, Sylhet to show cause as to why they should not be punished for committing contempt of Court for violating the orders dated 8-3-2005 and 2-4-2005 passed by this Hon'ble Cour......Motu Contempt Rule was issued calling upon Mr. Harun Chowdhury, District Magistrate, Sylhet and Mr. Mostafa Kamal, Superintendent of Police, Sylhet to show cause as to why they should not be punished for committing contempt of Court for violating the orders dated 8-3-2005 and 2-4-2005 passed by this......tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267.......e Judge, 51 DLR 515 at page 516; Shamsur Rahman Vs. Tahera Nargis, 44 DLR (AD) 237; State Vs. Abdul Karim Sarker 57 DLR 26; Abdul Karim Sarker Vs. the State, 38 DLR (AD) 188; Abdul Hoque Vs. District Judgeship, 51 DLR (AD) 15. Lawyers Involved: AM Aminuddin, Advocate—For Contemner No. 1. ..Category: Civil Law | Date: | Hits: 1272
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ......as to why the impugned order No. 16 dated 20-11-2000 passed by respondent No. 1 in Bankruptcy Case No. 6 of 2000 (Annexure-D) and the subsequent proceedings in Bankruptcy Case No. 6 of 2000 pending before respondent No. 1 should not be declared to have been passed without lawful authority and to be ......nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ......AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola and others reported in 38 DLR (AD) 172 at page 178, para 9; "It should well be remembered that while interpreting statutes Judges are not expected to apply pre-conceived notions nor can they be expected to arrive at the con..Category: Civil Law | Date: | Hits: 131
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75....... The respondent as plaintiff filed Title Suit No.158 of 1999 in the Court of Sub-Ordinate Judge, 5th Court, Dhaka on 04-08-1999 under Section 14(2) and Section 17 of the Arbitration Act, 1940 praying for a direction upon the Umpire to file the award dated 15-10-1996 and make the said award Rule of t......ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75......., relevant papers, documents and depositions. He contends that the findings of the learned Joint District Judge that the Umpire committed no misconduct is not tenable in law and as such the learned Judges of the High Court Division erred in law in dismissing the appeal by passing the impugned judg..Category: Alternative Dispute Resolution | Date: | Hits: 187
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
.... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ......tially heard by a Division Bench comprising Mr. Justice ABM Khairul Haque and Mr. Justice ATM Fazle Kabir and a preliminary question of law arose as to the maintainability of revisional application before the District Judge against an order passed by the Subordinate Judge in a suit the valuation of ...... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ......(2) Whether the High Court Division, under section 115(1) of the Code can entertain revisional application bearing valuation of more than Taka 5 lac, in respect of Orders passed by the Joint District Judges." 3. The background and the facts from which the questions arose are that the petitioner i..Category: Procedural Law | Date: | Hits: 90
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ......Ittefaq Group of Publications Ltd., should not be declared to have been made illegally and without lawful authority and is of no legal effect. 5. The broad facts leading to the issuance of the aforesaid Rules are substantially the same which are shortly stated as under: Ittefaq Group of......ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ......LC 430 hundreds of sex workers were evicted unlawfully. Writ was filed against the Government of Bangladesh and Others for same relief’s including direction to rehabilitate them. One of the learned Judges of the Division Bench discharged the Rule as not maintainable while the Rule was made absolut..Category: Information Technology Law | Date: | Hits: 324
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
....ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ...... at Daulatpur, Khulna together with all 25 godowns on the premises preferably with vacant possession or with tenants to the present respondents and pay the rents realized excluding the amount spent for the maintenance of the godowns within 10 months from date. 2. Facts, in short, are that the w......ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ......ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ..Category: Property Law | Date: | Hits: 128
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......f 1999 by Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Manikganj purportedly under section 6(2) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (Act of XVIII of 1995) should not be brought before this Court so that it may satisfy itself that the petitioner is not being held in custody witho......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ..Category: Criminal Law | Date: | Hits: 128
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......e Rule Their petition succeeded to engender a Rule in following terms: “Let a Rule Nisi issue calling upon the respondents to show cause as to why they should not be directed to evolve and formulate a National Strategy Policy through Parliament ensuring appropriate participating interest ......rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ..Category: Constitutional Law | Date: | Hits: 231
Shamsuddin Ahmed and others Vs. State and another, 2000, 29 CLC (HCD)
....nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497.......ud, Editor, Daily Jana Kantha, (3) Toab Khan, Advisory Editor, Daily Jana Kantha and (4) Borhan Ahmed, Executive Editor, Daily, Jana Kantha, having its office at 55, Motijheel Commercial Area, Dhaka, for quashing the proceeding as contained in complaint case No.1364 of 1994 under section 295A of Pen......nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497....... heaven on earth" reported in 7 DLR (Lahore) 17 in which the question of proscription of that book and its legality was considered under section 99A of the Cr.P.C. was decided by a Special Bench of 3 Judges (Lahore) and in that decision it has been observed as to offence to be-constituted under sect..Category: Criminal Law | Date: | Hits: 52
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