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Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ......ered only at the time of trial and as such cannot be entertained by the Enquiry officer at the enquiry. The Enquiry officer of his own accord cannot examine any person as neutral witness which cannot form the basis of the Enquiry report…………………………(9) Lawyers Involved: ......om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ......y officer at the enquiry. The Enquiry officer of his own accord cannot examine any person as neutral witness which cannot form the basis of the Enquiry report…………………………(9) Lawyers Involved: Manzil Murshid-For the Petitioner. Khandaker Diluruzzaman, Assista..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
....e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ...... applicants, who are proprietors of Islam Enterprise and Islam Builders were presented in similar facts and circumstances. 2. In Reference No.211 of 2002, the applicant submitted income tax return for the assessment year 1996-97 claiming a loss of Taka 1,03,600.00. Then, he submitted a revised re......e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ......, Companies Circle, Chittagong (1967) 19 DLR 871; Commissioner of Income-Tax Vs. Khemchand Ramdas (1938) 6 ITR 414 PC; Venkatachalam Vs. Bombay Dyeing and Manufacturing Co. Ltd. (1958) 34 ITR 143. Lawyers Involved: A. B. Siddique, Advocate-For the Applicant. Sathika Hossain, Assistant Attor..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......e and other pieces of evidence, one can find that there is doubt as to his complicity in the occurrence and accordingly, he is entitled to benefit of doubt. His abscondence alone cannot be the ground for his conviction……………………………(45) Result: The Death Reference is ......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. .......143 of 2004 are dismissed. Cases Referred to- Nurjahan Begum Vs. State, 42 DLR (AD) 130; Arshad Ali Mirza Vs. State, 7 BLC 265; State Vs. Abdul Barek, 7 MLR (AD) 17 = 54 DLR (AD) 28. Lawyers Involved: Mohammad Ali Akanda, Deputy Attorney-General with Md. Yamin Newaj Khan, Assis..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
....ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
......
Result:
The rule is discharged.
Application of writ jurisdiction in cases under the Bankruptcy Act, 1997
The writ jurisdiction is not maintainable in cases under the Bankruptcy Act, 1997 for two reasons- Firstly, the Bankruptcy Act, 1997 is a special law and special provision is provide......ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
......remedy lies in the Civil Court and not under summary Writ Jurisdiction…………………………….(8)
Cases Referred to-
5 MLR (AD) 297; 46 DLR (AD) 191; 54 DLR (AD) 6; 59 DLR (AD) 6.
Lawyers Involved:
Md. Idrisur Rahman, Advocate - For the petitioner.
Md. Mamnur Rashid, Advoca..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....lation of fundamental right enshrined in the Constitution in the instant case is too much stressing the point so far as to bring within the purview of the bar of hearing during the continuance of the Proclamation of Emergency suspending the enforcement of certain rights as mentioned in Chapter III o......esented by its Managing Director, Md Ansar Ali, (4) Mrs Salima Bansaid, wife of M Ghulam Faruq, Director SQ Group S Co Cement Limited, represented by its Managing Director, and (5) Md Sirajul Haque for impleading them as added respondent Nos.6, 7, 8, 9 and 10 alleging purchasers of respective floo......d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......vs Chief Officer, Town Municipal Council Udipi, AIR 1998 SC 2177; Shrijee Sales Corporation vs Union of India (1997) 3 SCC 398 and Reference by His Excellency the Governor-General, 7 DLR (FC) 395. Lawyers Involved: Ziaur Rahman Khan, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
....ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ...... 29-2-2000 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman (Bishesh) Adalat, Jessore, in Nari-o-Shishu Nirjatan Daman Special Case No.118 of 1999 whereby the accused-appellant was convicted for the offence under section 6(1) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sent......ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ......……………………..................Respondent Judgment July 24, 2007. Result: The appeal is allowed. Case Referred to- State Vs. Sarowaruddin, 5 BLC 451. Lawyers Involved: No one appears - For the Appellant. Shofiul Alam Mahmood, Advocate..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
Md. Abdul Mannan and others Vs. Ministry of Education and others, 2011, 40 CLC (HCD)
....relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ......ibgonj M.H. Degree College and have challenged the appointment of the respondent No.3 as Principal on the ground of wanting of required academic qualifications. As per National University Regulations for appointment as a Principal, the requirement is at least second class at post graduate degree wit......relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ......………………Petitioners Vs. Ministry of Education and others……………………Respondents Judgment July 23, 2007. Result: The application is disposed of. Lawyers Involved: Dr. M. Zahir with Ms. Rebeka Sultana - For the petitioners. Syeda ..Category: Employment/Service Law | Date: 23 Jul, 2007 | Hits: 26
....the appeal.
Consequently the appeal is dismissed without any order to cost.
Send down the lower
court records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
......irected against the judgment and decree dated 28.9.1983 passed by the Subordinate
Judge, Sirajganj in O.C. Suit No.94 of 1981 dismissing the suit on contest.
2. The plaintiff
instituted a suit for a declaration of his title and further declaration that
the plaintiff is maintaining his fami......the appeal.
Consequently the appeal is dismissed without any order to cost.
Send down the lower
court records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
......
Judgment
June 7, 2007.
Result:
The Appeal is
dismissed.
Cases Referred to-
I.L.R. 42 Privy
Council 801 cal.; I.L.R. 33 Cal 584; 35 D.L.R. (A.D.) 31; 51 D.L.R. 77.
Lawyers Involved:
Probir Neogi-For
the Appellant.
A.S. Md. Ramzan
Khan, Deputy Attorney-..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
....t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ......ent and decree dated 26.9.1989 in Title Suit No.79 of 1986 passed by the Assistant Judge, Upazilla Shyam Nagar, District Satkhira dismissing the suit has been called in question. 2. Facts relevant for the purpose of disposal of the rule in short, are that the petitioners as plaintiffs instituted ......t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ......(1965) 200; Mahboob Khan and others Vs. Hakim Abdul Rahim, AIR (1964) 250; Golzar Ali Pramanik Vs. Saburjan Bewa being dead her heirs Md. Yakub Ali Khan and others, 6 BLC (AD) 41; AIR (1926) 372. Lawyers Involved: Hasan Foez Siddique, Advocate - For the petitioner. M.A Aziz Khan with Sheik..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
.... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386. ......s always rests on the prosecution and on its failure; it cannot fall back upon the evidence adduced by the accused in support of its defence to rest its case solely thereon. In a criminal case, it is for the prosecution to bring the guilt home to the accused. The fundamental and basic presumption in...... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386. ......cution has not proved its case beyond reasonable doubt.…………………………….. (24) Case Referred to- 5 DLR (FC) 107. Lawyers Involved: GS Huq, Advocate — For the Appellant. Shamim Ara Dora, Assistant A..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
.... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ......ses cannot be a manifestation that such witnesses were unwilling to support the prosecution case. The prosecution is not bound to examine all the witnesses cited in the charge sheet inasmuch as it is for the prosecution to decide how many witnesses will examine amongst the cited witnesses for establ...... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ...... (AD) 95; 44 DLR 217; 45 DLR 68; 50 DLR 565; 50 DLR 618; 40 DLR 122; 53 DLR (AD) 1; 12 BLD (AD) 180; 8 BLC 275; 33 DLR 274; 6 BCR (AD) 225; 25 BCR 392; 37 DLR 237; 12 BLD (AD) 190; 44 DLR (AD) 10. Lawyers Involved: Md. Abdul Baset, Deputy Attorney-General with Rawshan Ara Begum, Assistant Atto..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......nwarul Hague J. — This Death Reference under section 374 of the Code of Criminal Procedure submitted by Mr. Md. Jahangir Alam Mollah, the learned Judge of the Drutta Bichar Tribunal No.4, Dhaka for confirmation of sentence of death of the (l)Monir Hossain son of Md. Nazrul Islam (2) Lipaya son......ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......l Haque, 8 BLC 132; Rustum Vs. State, 11 BLC 467; Sarafat Mandal @ Mander Mondal Vs. State, 11 MLR 168 = 11 BLC 1; Mostain Mollah Vs. State, 44 DLR 295; Rajastan Vs. Kartar Singh, 1970 AIR 1305. Lawyers Involved: SM Aminul Mam, DAG -with AKM Nurul Alam, AAG—For the State. Mahbub..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
.... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ......of 1999 dismissing the appeal and affirming those dated 17-1-1999 passed by the learned Assist ant Judge, Chitalmari, Bagerhat in Title Suit No.217 of 1985 dismissing the suit. 2. Facts relevant for disposal of the Rule are that the suit land belonged to defendant Nos. 6 and 7 who sold the suit...... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ......34 DLR (AD) 237; Abdul Khaleque Sarnamat, 1 BLC (AD) 90; Zafar Ali Vs. Md. Momtaz Hasan, 49 DLR 319; Shahariar Rashid Khan Vs. Bangladesh, 5 BLT 38 = 2 BLC 106; 15 BLT (AD) 106; 32 DLR (AD) 223. Lawyers Involved: Md. Abdul Jabbar, Advocate - For the Petitioner. Sadananda Rana, Advocat..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Faruk Ahmed and another Vs. Bangladesh, 2007, 36 CLC (HCD)
....ssion (Annexure-D) within two months from the date of receipt of this judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 151. ...... ২-৪-২০০৬ promoted the petitioners, on regular basis as ASP, with effect from 10-8-2003 and 8-10-2003 respectively (Annexure-B). Later on, the petitioners approached to the authority for fixing of their seniority (Annexure C and C-l respectively). The Police Headquarter forwarded ......ssion (Annexure-D) within two months from the date of receipt of this judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 151. ......4 LG 125; Bangladesh Soya-Protein Project Ltd Vs. Ministry of Disaster Management and Relief, 2002 BLD 378 = 6 BLC 681; Dr. Abeda Begum Vs. Public Service Commission, 59 DLR 182 =1997 BLD 64. Lawyers Involved: Md. Raisuddin Ahmed, Advocate — For the Petitioners. Md. Jafar Imam..Category: Others | Date: 16 May, 2007 | Hits: 4
Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ......erty was sold by the Government to him at a consideration of Taka 1, 33,907 by a registered sale dated 19-12-1989. The claimant respondent No. 2, is not the son of the original lessee, Esamul. Therefore, the property was rightly declared as abandoned property. 3. The respondent No. 2, contes......t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ......try of Works Vs. Md. Jalil, 48 DLR (AD) 10; Rahima Begum Vs. Court of Settlement, 1997 BLD (AD) 118 = 2 BLC (AD) 108; Sadharan Bima Corporation Vs. First Court of Settlement, 2007 BLD (AD) 21. Lawyers Involved: Md. Jafar Imam. Assistant Attorney General – For the Petitioner. No ..Category: Property Law | Date: 6 May, 2007 | Hits: 5
S. M. Rafiqul Islam Vs. Md. Monjurul Islam, 2007, 36 CLC (HCD)
....ellaneous Case No.50 of 1998 is hereby affirmed. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 353. ...... Judge, Sadar, Rangpur in Miscellaneous Case No.50 of 1998 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the petitioner claiming himself to be a tenant under the opposite ......ellaneous Case No.50 of 1998 is hereby affirmed. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 353. ....... Md. Monjurul Islam…………………………Opposite party Judgment May 3, 2007. Result: The Rule is discharged. Lawyers Involved: S. M. Abul Hossain - For the Petitioner. No One appears - For the Opposi..Category: Tenancy Law | Date: 3 May, 2007 | Hits: 149
Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)
....on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ......orded in Writ Petition No.32 of 1987 and Writ Petition No.372 of 1989 respectively and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for the disposal of this Rule is, that in 1983 Dhaka City Corporation took over the management of m......on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ......ake or inadvertence………………………..(8) Cases Referred to- Bangladesh Vs. Anwar Ahmed, 51 DLR (AD) 42; Moni Begum Vs. Rajdhani Unnayaii Kartripakha, 46 DLR (AD) 154. Lawyers Involved: Mahmudul Islam with Probir Neogi, Advocates - For the Petitioner. MA Baq..Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
.... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ......te party to show cause as to why the impugned judgment and order dated 5-5-2005 passed by the learned Additional District Judge, 7th Court, Dhaka in Title Suit No. 3 of 2000 rejecting the application for rejection of the plaint should not be set aside or such other or further order or orders passed,...... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ......beq Restaurant 1987 SCMR 1090; Universal Pharmaceutical Ltd Vs. Social Marketing Company, 50 DLR 584; Universal Pharmaceutical Ltd. Vs. Social Marketing Company, 2 MLR (AD) 201 = 50 DLR (AD) 92. Lawyers Involved: Gazi Mohammad Neamat Hossain, Advocate — For the Petitioners. Ramz..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ......ction) Present: AK Badrul Huq J Tabibullah and others ………………..Petitioners Vs. Bangladesh and others....Opposite Parties Judgment April 4, 2007. Result: Petition for addition as opposite parties is allowed. Case Referred to- Parimal Majumder Vs. Abdul Sobh......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ......4 DLR (AD) 253; Waliullah Munshi Vs. Lodu Mia Patwary, 38 DLR (AD) 308; Bashir Ahmed Vs. Ghulam Ali, 1991 SCMR 1656; Babor Ali Pramanik Vs. Mesar Ali Pramanik, 1994 BLD (AD) 235 = 45 DLR (AD) 120. Lawyers Involved: Md. Nurul Amin with AKM Shahidul Huq and Md. Aminul Ehsan, Advocates — For th..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
....discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
......961 of 2004 is made absolute.
The statute Artha Rin Adalat Ain, 2003 has given scope to the Adalat to hold auction more than once under section 33(1) (2) and (3) or under 33(4). The said view is fortified if we examine section 34(9) of the Ain which reads as follows:
“৩৪(৯) এ......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
...... Hossain and others, 44 DLR (AD) 260; AIR 1991 (SC) 1055 (para-5); AIR 1959 (SC) 149 (para 53 and 73); AIR 1965 (SC) 1405 (para 11); AIR 1981 (ISC) 315 (para 150, 151); 48 DLR 1 (Para 30 to 35).
Lawyers Involved:
Azmalul Hossain, with ABM Siddiqur Rahman, Advocates-For the Petitioner ..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
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