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Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....bmitted the report to the Chief Metropolitan Magistrate, Chittagong stating that for recovery of arms suspected to be in the possession of the detenue interrogation was necessary and accordingly made prayer for remanding the detenue to police custody for 5 days. The learned Chief Metropolitan Magist...... the Penal Code. Case No.48(4)81 under section 394 of the Penal Code and Chandgaon P.S. Case No.13(4)80 under section 19(f) and section 19A of the Arms Act. Since 1980 the detenue was kept in custody for about 4 years in connection with these cases. The Government by order vide Memo No.364. Misc. 11...... report to the Chief Metropolitan Magistrate, Chittagong stating that for recovery of arms suspected to be in the possession of the detenue interrogation was necessary and accordingly made prayer for remanding the detenue to police custody for 5 days. The learned Chief Metropolitan Magistrate allowe......ained in the Chittagong Jail should not be declared illegal and why he should not be set at liberty or such other or further order or orders passed as to this Court may seem fit and proper. 2. The detenue Jamaluddin Ahmed alias Jamal Ahmed is the husband of petitioner Sultana Ara Begum. It is sta..Category: Criminal Law | Date: | Hits: 78
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... the respondents in all the writ petitions, perused the writ petitions, affidavits-in-opposition, affidavits-in-reply and other materials on record. 18. It appears from the rule issuing order and prayer portion of the Writ Petition No.3210 of 2001 that the petitioners have challenged the Gazette......te Notification dated 21-8-1989 in respect of the land of plot Nos.84 and 79 and Gazette Notification dated 4th September, 1990 in respect of plot Nos.17 and 117 by which the Government acquired the aforesaid property of the petitioners situated at Mouza-Chakoli, JLNo.214, Police Station Pallabi, Dh......s from the places wherein their homesteads are situatÂed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......s from the places wherein their homesteads are situatÂed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ..Category: Property Law | Date: | Hits: 89
....ter dated 16-3-91.
10. On 19-1-94 and 1-8-94 when the appeal was fixed for hearing, the petitioner applied for adjournment on the ground of health reason but the appellate authority disallowed the prayer and dismissed the appeal. On 29-10-94 the petitioner received a letter which was prepared on ...... No. 243 dated 27-6-86 (Annexure-H) and SRO No. 161 dated 16-6-88 (Annexure-J), which levied business turnover tax on the Customs Bonded Warehouse of the petitioner were challenged.
2. Short facts for disposal of the Rule are that the petitioner was holding a customs bonded warehouse licence issu......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
..
Category: Administrative Law | Date: | Hits: 491
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
.... received the report of O.C. Mirsarai P.S. dated 16.6.77 for adding Special Powers Act in the charge sheet of this case and after hearing the proÂsecution the Sub-Divisional Magistrate allowÂed the prayer. After completing further invesÂtigation Police submitted a report and the Sub-Divisional Ma......23 of 1979 convicting accused petitioners Sakya Pada Barua, Fazlul Huq, Nurul Mostafa and Nurul Amin under section 364/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 7 years should not be set aside or such other or further order or orders pasted as to this Court......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ..Category: Criminal Law | Date: | Hits: 103
Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
....stoms Act, 1969 read with section 3(1) of the Import Export Act, 1950 and section 8(1) of the Foreign Exchange Regulation Act, 1947 (Annexure-D and D-1). 4. On 28-2-2001 the petitioner submitted a prayer before the respondent No.2, Commissioner of Customs, Dhaka against the said illegal confiscaÂ......, 1969 read with section 3(1) of the Import Export Act, 1950 and section 8(1) of the Foreign Exchange Regulation Act, 1947 (Annexure-D and D-1). 4. On 28-2-2001 the petitioner submitted a prayer before the respondent No.2, Commissioner of Customs, Dhaka against the said illegal confiscaÂtion of ......t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ......t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....and expert against others. 4. The decree holder bank then put the decree in execution in Artha Rin Execution Case No. 28 of 2005. As the mortgaged property was delivered into the river, so, on the prayer of the decree holder bank, the adalat by the order dated 13-11-2005 issued warrant of arrest ...... Court of Artha Rin Adalat No. 1, Chandpur, (briefly as Adalat) impleading Md. Oliullah, 2. Taslima Begum, proprietor Sahidullah and Brothers, 3. Bashirullah Master, (herein petitioner) as defendants for realization of Taka 31,06,021.20 with interest. After the death of Md. Oliullah, his heirs were ......btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ......btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ..Category: Civil Law | Date: | Hits: 93
.... basis of the deed of exchange dated 30.08.1963 registered in India. It is admitted that the said exchange deed has not been regularized by the competent authority in Bangladesh under law, rather the prayer for such authentication submitted by the plaintiffs had already been rejected by the authoris......f Civil Procedure, 1908 (Act No. V of 1908); Order 7 Rule 11
The provision of res-judicata is that no court shall try any suit or issue in which the matter directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litig...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
..
Category: Procedural Law | Date: | Hits: 165
Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
....rule 1 of the Code of Civil Procedure) allowing an application made under section 151 of the Code of Civil proceÂdure and setting aside the order dated 04.07.2001 passed by the said court allowing a prayer under Order 47 Rule 1 of the Code of Civil Procedure in setting aside his own judgÂment and-....... The short fact leading to this Rule is that, the petitioner being pre-emptor filed a Miscellaneous case being No.15 of 1994 in the court of learned Senior Assistant Judge, Sadar Lalmonirhat seeking for pre-emption of the land transferred by the Kabala dated 23.11.1993 execute and registered by the......ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ......ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ..Category: Procedural Law | Date: | Hits: 162
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....8 by which the NOC had been canÂcelled. Accordingly, the office of the Attorney General filed an affidavit expressing to the Court that the government had decided to withdraw the cancellation with a prayer that the Rule may be disposed of. By order dated 10.09.2008 the Rule in Writ Petition No.6262......an Enterprise and lastly M.T. Enterprise (IMO No.7709136). The vessel was imported by M/S. Madina Enterprise (respondent No.17) from a compaÂny based in Singapore, Yalumba Inc. (respondent No.19). Before the vessel could be imported there was a requirement to obtain a 'No Objection Certificate' (NO......ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ..Category: Environmental Law | Date: | Hits: 688
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....t appears from the plainÂtiff and also the deposition of the P.W.1 that the plaintiff did not serve any notice upon the defendant mentioning specific place, time and date rather the defendant made a prayer for four weeks time to release the goods after part-payment. He also deposited some reasonabl......dgment December 12, 2010. Result: The appeal is dismissed. Jurisdiction of the Artha Rin Adalat The Artha Rin Adalat Ordinance came into effect on 31-7-1989 establishing special Courts for adjudication of the recovery of loans claimed by the financial institutions. This Ordinance was ......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ..Category: Civil Law | Date: | Hits: 106
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
.... there is no name in the dairy who identified them and who produced them. After 3 days of anticipatory bail of Abul Kalam he arrested Abul Kalam under Section 54 of the Code of Criminal Procedure and prayer for detention was made. He denied the suggestion that he having been inspired by conspirators......o.141 of 2005, Criminal Appeal No.378 of 2005, Jail Appeal No.294 of 2006 and Jail Appeal No.1338 of 2004 are allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 154 An information becomes First Information Report when it fulfills some conditions:- (i) it should be an in......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..Category: Criminal Law | Date: | Hits: 89
....l of the Election Case and not against any interlocutory order passed by the Election Tribunal. He next submits the order dated 22.7.2009 passed by the Election Tribunal, respondent No.2 allowing the prayer of the respondent No.4 calling for the documents/papers, being an interlocutory order the Ele...... of Kawkhali Upazilla Parishad under Pirojpur District in the Upazilla Parishad election held on 22.1.2009. The respondent No.4, a defeated candidate as petitioner filed Election Case No.01 of 2009 before the Election Tribunal, Pirojpur on the allegation that the petitioner made a false statement in......ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
......ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
..
Category: Election Law | Date: | Hits: 600
Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)
....ion of the mortgaged property and certificate as per provision of Section 33 of the Artha Rin Adalat Ain, 2003. The learned Joint District judge by the impugned order dated 26.2.2008 allowed the said prayer and directed to issue certificate accordingly. Then the petitioner moved this Court and obtai......o sell the mortgage property in auction first under the provision of Section 33(1)(2)(3) of the Artha Rin Adalat Ain, 2003, and in case of failure to sell the property in auction the subsequent steps for issuance of certificate and possession to the decree holder may be taken if the decree holder ba......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ..Category: Civil Law | Date: | Hits: 174
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
....€‘opposite‑party Abdul Momin Sarder. In view of the same by order dated 25‑2‑98 the Rule was fixed for hearing on 9‑3‑98 in presence of the learned Advocate for the opposite‑party. On his prayer the Rule was adjourned and on the prayer of his junior also the Rule was again adjourned and ......t: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 426 Though the appellate Court including the High Court Division may enlarge a convict on bail for reasons to be recorded by it such a convict is not entitled to be released on bail if he is sent......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ..Category: Criminal Law | Date: | Hits: 87
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
.... against an order dated 30.09.2001 passed by or on behalf of respondent No.1, the National Board of Revenue, in short, the Board, in Nothi No.3(115)/Ka:Ma:Pra:/2000/475, which refused to consider the prayer for waiver from payment of the requisite tax for want of authority under section 158(2) of th......ct. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
....uit filed by the plaintiff was not maintainable as the plaintiff was a worker and had remedy before the Labour Court and the suit is hit by section 42 of the Specific Relief Act in the absence of any prayer for consequential relief. In support to his contention the learned Advocate has referred a de......propriety of the order or action complained of. Civil Courts always can assume jurisdiction to consider the mala fide action of the authority even if there is ouster section or clause of any law made for special purpose. Merely because of negative declaration has been sought that can be no ground to......he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
......he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
..
Category: Employment/Service Law | Date: | Hits: 166
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....iately after occurrence on 26-8-1996. Thereafter, without proÂducing him within 24 hours as provided in sections 161 and 167 of the Code police produced him on 29-8-1996 before the Magistrate with a prayer for 5 days police remand which was allowed by the Magistrate and when he was in police remand...... 2006, Criminal Appeal No.2245 of 2006 and Jail Appeal No.329 of 2006 and Criminal Appeal No.4972 of 2006 and Jail Appeal No.209 of 2006 are allowed. Taking away of any booty from the victim or informant is not any precondition of dacoity rather an attempt in committing dacoity is also dacoityâ€......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be comÂmunicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be comÂmunicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
.... or the lessee. Learned Advocate then relied on the case of Arun Kumar Pal Vs. Assistant Custodian of Enemy Property (Land and Building) and ADC (Rev), 1983 BCR 225, where it has been held that, mere prayer for lease of the property from the Deputy Custodian of Enemy Property does not stop a person ......e by adverse possession as title by adverse possesÂsion is to be claimed by a person whose title is to be perfected other than by virtue of a title deed or a contract to purchase. . . The limitation for getting title by adverse possession against Government is 60 years uninterrupted possession….â......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
....Commissioner, Narsingdi and other Opposite-parties to show cause why the Order dated 24.9.84 passed by the Additional Sessions Judge, Second Court, Dhaka in Sessions case No.132 of 1984 rejecting the prayer for revival of the said case should not be set aside. 2. Facts relevant for the disposal o......(HCD) (1986) 1. ......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ..Category: Procedural Law | Date: | Hits: 102
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....itan Special Tribunal No.7, Dhaka in Metropolitan Special Tribunal Case No.1462 of 2004 arising out of Mirpur Police Station Case No.61 dated 18.9.2004 under section 19A of the Arms Act rejecting the prayer for bail of the accused appellant. 2. Briefly, the facts the prosecution case are that S.I......…Respondent Judgment September 26, 2007. Result: The appeal is allowed. Responsibility of a Judge when Police failed to bring prosecution witness The learned Judge should inform the higher authority of the Police Department about their failure to bring the prosecution witn......ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ......ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ..Category: Criminal Law | Date: | Hits: 92
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