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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.       ......e. This Case is also Reported in: 16 MLR (HCD)(2013) 167.       .............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

Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)

....or the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11.......n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11.......n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11....... Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md.Hassan Ameen J Mrs. Rehan Parvin @ Shohely Parvin…………………...Petitioner Vs. The State and another………………………………...........Respondents Judgment February 19, 2008. ..

Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6

Commissioner of Taxes Vs. Oriental Real Estate Ltd, 2008, 37 CLC (HCD)

....unicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506.   ...... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506.   ...... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506.   ......lip;…………Respondent Judgment February 18, 2008 Result: The question formulated for determination answered in the negative for the revenue and against the assessee. Income Tax Ordinance, (XXXVI of 1984); Section 160 When any cons..

Category: Fiscal/Taxation Law | Date: 18 Feb, 2008 | Hits: 1

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.  ......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.  ......also Reported in: 13 MLR (HCD) (2008) 193.  ..

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

Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)

.... This Case is also Reported in: 13 BLC (HCD) (2008) 903. ......t Md. Farid Miah 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) 903. ......at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ......tion 101 of the Evidence Act, in which it is stated that the prosecution is bound to prove the case beyond all reasonable doubt. In a criminal case the courts require even a higher decree of proof and all material evidence, particularly those in favour of the accused, should be placed before the..

Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5

Sunirmal Chaudhuri Vs. Registrar of Joint Stock Companies & Firms, 2008, 37 CLC (HCD)

....ial Area,Dhaka………………………………..Respondent Judgment February 12, 2008. Result: The application is allowed. Lawyers Involved: M. Hafizullah, Senior Advocate with Md. Al-Amin Sarker, Advocate - For the Petitioner. Muhammad Ohiullah, Advocate - For the Respond...... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ...... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ......ent Syed Refaat Ahmed J.- This is an Application under Section 12 read with Section 13 of the Companies Act, 1994 ("the Act") for a confirmation of the alteration of the Objects Clause of the Memorandum of Association ("MOA") of Bayer Crop Science Limited ("the Company"). 2. This Court notes a..

Category: Company Law | Date: 12 Feb, 2008 | Hits: 123

Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)

....he judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......d to- Mrs. Nilufar Majid Vs. Mukbul Ahmed, 1984 BLD page-79; Rahel Chaloon Vs. Ramele Khatoon, 22 DLR 245. Lawyers Involved: Md. Emdadul Hossain, Advocate - For the Petitioners. Md. Ziaur Rahman, Advocate - For the Opposite. Civil Revision No.3907 of 2005. Judgment Md. Abu Tariq...... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ..

Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142

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. ......………(10) Cases Referred to- 11 MLR 92; 34 DLR 127. Lawyers Involved: Md. Sajjad Ali Chowdhury with Abul Kashem Sarker, Advocates — For the Petitioners. Md. Khalilur Rahman, Advocate — For the Opposite Parties. Civil Revision No. 2484 of 1999. Judgmen......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

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. ......is Case is also Reported in: 28 BLD (HCD) (2008) 668. ...... 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. ......n the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ...... 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. ...... 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. ......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. ......perty by way of inheritance after the death of one Nurul Haque Patwari and the writ petitioners did not obtain any loan as they were co-sharers by way of inheritance and respondent No. 6 Md. Khalilur Rahman of that case mortgaged the property to the Bank as security at the time of taking loan beyond......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. ...... Omar Sadat, Advocate (appeared with the leave of the Court) instructed by Nawab Ali, Advocate-on-Record—For the Appellant. Dr. Kamal Hossain, Senior Advocate, instructed by, Syed Mahbubur Rahman, Advocate-on-record—For the Respondents. Civil Appeal No.57 of 2006. (From the J......………………..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. ......the daughter of the condemned prisoner Mukter Hossain. On the basis of the written application initially an U.D. Case No.14 of 1995 was registered with the Ghior Police Station. Sub-inspector Zaminur Rahman visited the place of occurrence, prepared the inquest report of the dead body and seized 3 br......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.    ......Supreme Court High Court Division (Civil Jurisdiction) Present: Syed Refaat Ahmed J Fairdeal Marine Services, Fujairah, U.A.E. through their Constituted Attorney Mr. Mahbubur Rahman……………………………&helli......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. ......t State does not say a single word whether charge sheet has been submitted or not. 11. The Rule issued in Criminal Miscellaneous Case No.12489 of 2007, is about the bail of petitioner Md. Fazlur Rahman Fatal in GR Case No.81 of 2007 pending in the Court of Magistrate 1st Class, Amoli Adalat No.......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. ......ury is for bail in Panchalish P.S. General Dairy No.409 dated 8.3.2007 now pending before the Chief Metropolitan Magistrate. 2. The prosecution case in short, is that on 8.3.2007 Sheikh Mahfuzur Rahman, S.I. Panchalish P.S. C.M.P. Chittagong produced accused petitioner before the Chief Metropol......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. ...... 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, Deputy Attorney-......hellip;…………………………………………………Petitioner Vs. Customs, Excise and VAT Appellate Tribunal, Jotsna Complex…………………Re..

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