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Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....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:61 DLR (HCD) (2009) 42. ......or action complained of as in the present case. Civil Courts always can assume jurisdiction to consider the malafides action of the authority even if there is ouster section or clause of any law made for special purpose. Merely because negative declaration has been sought that can be no ground to ho......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:61 DLR (HCD) (2009) 42. ...... Act...............................(11) Case Referred to- 30 DLR 219; 40 DLR (AD) 45; 50 DLR 411; 40 DLR 226; 37 DLR 49; 42 DLR 211; 43 DLR 407; 45 DLR 727; 11 MLR 99; 12 MLR (AD) 207. Lawyers Involved Mir Md. Joynal Abedin. Advocate — For the Petitioner. Md. Khalilur Rahm..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
....ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......Judgment Sheikh Abdul Awal J.- This rule was issued at the instance of the defendant-petitioners upon an application under Section 24 of the Code of Civil Procedure (hereinafter called 'the Code') for withdrawal of Title Suit No.56 of 1998 from the Court of learned Senior Assistant Judge, Sylhet ......ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. .........................Defendant-Petitioners. Vs. Qazi Rafiq Ahmed and others....................Plaintiff-opposite parties. Judgment April 17, 2006. Result: The Rule is discharged. Lawyers Involved: Afrin Mohiuddin, Advocate - For the petitioner. AKM Moniruzzaman Kabi..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
.... ammunition to the petitioner within a period of seven days of receipt of
this order, positively.
Communicate at
once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 624.
......
Result:
The Rule is made
absoÂlute.
The Arms Act, 1878 (Act No. IX of 1878);
section 26
Deputy ComÂmissioner or Officer-in-charge
of a police staÂtion is not government for the purpose of cancellation of arms license
Failure to deposit the arms
only, even wit...... ammunition to the petitioner within a period of seven days of receipt of
this order, positively.
Communicate at
once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 624.
......Ahmed
Vs. Secretary, Ministry of Home Affairs and ors. (1988) 40 DLR AD 170; Cf:
Golam Ambia Vs. The Deputy ComÂmissioner, Mymensingh and others: (2004) 9 BLC
(AD) 49= (2004) 12 BLT (AD) 63.
Lawyers Involved:
Ashik-Al Jalil with Md. Sayeed Ahmed-For the Petitioner.
Mohammad Zafar ..
Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10
....ance of the Rule is hereby
vacated.
The lower courts
records be sent down at once with a copy of the judgment.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 488.
......n 15.4.1998 without any notice the deed was registered by the
vender behind his back. The pre-emptor-opposite party knew nothing about the
transÂfer of the land and no notice was served upon him before or after the
sale. He came to know about the sale from others and obtained the certified
copy......ance of the Rule is hereby
vacated.
The lower courts
records be sent down at once with a copy of the judgment.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 488.
......DLR (AD) 26; Khurshid Ali and others Vs.
Noorjahan Bewa and others, 15 BLD (AD) 82; Hazari Bala Sana and another Vs.
Niron alias Niranjan Mandal and othÂers, 17 BLD (AD) 295; 33 DLR (AD) 323.
Lawyers Involved:
Syed Humayun Kabir Khadem with Md. Abdul Latif Prodhan-For
the Pre-emptee-Re..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ...... Urban Development Directorate according to object and policy of the Gazetted Officer (Urban Development Directorate) Recruitment Rules, 1974, so that the cities are planned in a manner which is safe for its inhabitants for future. In view of such requirement, universities around the country now con......nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ...... (Punjab) 105; Ramesh K Sharma Vs. Rajsthan CS, AIR 2001 (SC) 262; SK A Rashid Vs. Bangladesh, 29 DLR 362; Prem N Sharma Vs. Lucknow University, AIR (1959) All 618; R Vs. Sepyor, (1916) 1 KB 595. Lawyers Involved: Mainul Hosein, with Hassan MS Azim, Advocates - For the Petitioner. Ab..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ......ed upon to show cause as to why the judgment and decree dated 05.09.2000 (decree signed on 14.09.2000) passed by the Subordinate Judge, 1st Court, Dhaka in S.C.C Suit No.3 of 1999 dismissing the suit for ejectment of monthly tenant shall not be set aside. 2. The facts relevant for the purpose o......hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ......6 BLC (AD)-36; Rokeya Begum Vs. Shah Md. Yeamin & another, 12 BLD-406; 5 BLD (AD)-77; 34 DLR (AD)-271; 31 DLR (AD)-155; 31 DLR (HCD) 269; 55 DLR (AD)-63; 46 DLR (AD)-121; 22 DLR (Dhaka) 664. Lawyers Involved: Mohammad Ali, Advocate-For the Petitioner. Md. Mosiul Alam, Advocate-F..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ...... file appeal under section 410 of the Cr PC was taken away- Under section 410 of the Cr PC the accused could file the appeal with 60 days from the date of conviction excluding the time requisite for obtaining certified copy of the judgment. But under the Ain an accused after conviction has to f...... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ......t is ultra vires of the Constitution could not be substantiated……(23) Cases Referred to- Abdul Kader Mirza and Another Vs. Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and Others, (2004) 56 DLR 31; Master Giasuddin and Others, (1..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ......e of the occurrence and at the time of the alleged confessional statement should be kept in mind. It is an accepted phenomenon that children are impressionable, gullible and more ready to admit guilt for other ulterior reasons. Upon research it has been found that children will falsely confess to ha......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ......ed by a parent, guardian, custodian or legal representative…………………………………………(24) Cases Referred to- State Vs. Khokan Mridha, 7 BLC 561; State Vs. Presha. Lawyers Involved: No one appears — For the Appellant. Mohammad Ali Akanda, Deputy Attorn..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....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.    ......elamla. U.D. Case No.1 dated 19.2.81 was recorded by one Jotish Chandra Mohonta (P.W.3). The police came to the place of occurrence, held inquest and thereafter sent the dead body to Joypurhat morgue for post mortem examination, which was held on 20.2.81. The informant Afaz Uddin (P.W.1), brother of......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.    ...... The judgment and order of conviction and sentence is set aside.  Jail Appeal No.4954 of 1991 is disposed. Cases Referred To- State Vs. Presha, State Vs. Khokan Mridha, 7 BLC 561;B.M.B. Lawyers Involved: Not represented-the appellant. Mohammad Ali Akanda, Deputy Attorney General ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....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. ......3.6.2004 respectively passed by the learned Senior Assistant Judge, Narayanganj in Title Suit No.106 of 2001 should not be set aside. 2. The plaintiffs-appellant-petitioner instituted a title suit for declaration of decree of the Title suit being No.9 of 1998 as null and void and not binding upon......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. ......allik and others, BCR 1986 (AD) 57; Khurshid Ali and others Vs. Noorjahan Bewa and others, 15 BLD (AD) 82; Hazari Bala Sana and another Vs. Niron alias Niranjan Mandal and others, 17 BLD (AD) 295. Lawyers Involved: Quamrul Islam Siddiqui with Md. Jashimuddin - For the Defendant-Respondent-Peti..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)
....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.......: M. Moksadul Islam, Advocate (appeared with the leave of the Court) instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. None represented-For the Respondents. Criminal Petition for Leave to Appeal No.456 of 2006. Judgment Mohammad Fazlul Karim J.- This petition for leave to ......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.......dismissed. When the matter is at the stage of taking deposition, the case should not be quashed unless the same is on preposterous facts apparent to the complaint petition.......................(6) Lawyers Involved: M. Moksadul Islam, Advocate (appeared with the leave of the Court) instructed by ..Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6
Commissioner of Taxes Vs. Oriental Real Estate Ltd, 2008, 37 CLC (HCD)
.... 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;…Applicant Vs. Oriental Real Estate Ltd…………………Respondent Judgment February 18, 2008 Result: The question formulated for determination answered in the negative for the revenue and against the asse...... 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. ...... not sanctioned by the Ordinance or the Rules made thereunder. On behalf of the assessee, such illegal rebate was definitely obtained by misleading and misrepresenting the appellate authorities. Lawyers Involved: Mahfuza Begum, Advocate—For the Applicant. Sarder Zinnat Ali, Advo..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. ......pposite party Nos. 1-8 as plaintiffs instituted Other Class Suit No.19 of 2003 in the court of the learned Assistant Judge, Atowari, Panchagar impleading the opposite parties as defendants praying for declaration of title to the suit land and for recovery of khas possession upon evicting the de......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. ....... 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 Involved: H.N. Nondy with Asad Hossain Chowdhury, Advocate - For petitioners. A...Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....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. ...... 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 court. The failure of the accused to produce evidence does not relieve the prosecution of ......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. ......the merits of the case and fixed formula can be adopted…………………………(43) Cases Referred to- State Vs. Abdus Batter, 26 BLT (AD) 30; Md. Isahaque Ali Vs. State, 16 BLT 69. Lawyers Involved: Dewan Abdun Naser, Advocate - For the Appellant. Umme Kulsum Begum, De..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....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. ......h will be of paramount consideration. A mother who is married to a stranger losses her preferential right of custody over a minor child but that will not totally exclude her from being considered fit for guardianship if she is otherwise held on a consideration of all circumstances in a particular ca......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. ......ct provides the same………………………………………(25) Cases Referred 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, Advoc..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
....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. ......he Court trying the suit. A mere denial by a defendant as to the title of the plaintiff in any portion of the property in a Partition Suit would not convert a Partition Suit into a declaratory suit for title and a suit for possession, as the jurisdiction of a Civil Court in case of a Partition Su......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. ......general agreement with reasons given by the Court decision of which is under appeal would ordinarily suffice………………………(10) Cases Referred to- 11 MLR 92; 34 DLR 127. Lawyers Involved: Md. Sajjad Ali Chowdhury with Abul Kashem Sarker, Advocates — For the Petit..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....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. ......………………..Petitioner Vs. Md. Zahed Chowdhury (Paban)......................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 i......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. ......y special treatment, and if such kind of treatment is allowed that would definitely shake the faith of the litigant people upon the whole judicial system. ...............................(21) Lawyers Involved: Farooque with Md. Ruhul Quddus, Advocates — For the Petitioner. Abdus ..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)
....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. ......…… Respondent Judgment January 22, 2008. Result: The reference is dispose of. Lawyers Involved: MA Noor - Amicus Curiae. Majedul Islam Patwari, Advocate - for the Applicant. Zakaria Sarker, Assistant Attorney General — For the Respondent. R......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. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦ Applicant Vs. Commissioner of Taxes …………… Respondent Judgment January 22, 2008. Result: The reference is dispose of. Lawyers Involved: MA Noor - Amicus Curiae. Majedul Islam Patwari, Advocate - for the A..Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....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. ......been deprived of his right to submit any effective representation against his detention and explain his position.………………………………..(14 & 16) Cautions should be taken before an order of detention is made The Special Powers Act of 1974 being a special law provi......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. ......) 870; M. Mahmood Vs. BangÂladesh, 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 Involved: Ahsanul Karim with Faheemul Huq with Khairul Alam Choudhury with Md. Kabir ..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....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. ......Dinajpur in Nari-o-Shishu Nirjatan Case No.356 of 2000 convictÂing the appellant under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 senÂtencing him thereunder to suffer imprisonÂment for life and also to pay a fine of Taka 500 in default to suffer rigorous imprisonment for a period ......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. ...... Vs. State, 19 DLR (SC) 259; Abul Kashem Vs. State, 1992 BLD 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 Ap..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
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