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Abu Safa (Md.) Vs. Abdul Momen Chowdhury, 2007, 36 CLC (AD)
....papers is highly deprecable one and, as such, strongly disapproved by the Court. This is not an appeal in the eye of law……………………….(5 & 6) Lawyers Involved: Omar Sadat, Advocate (appeared with the leave of the Court) instructed by Nawab Ali, Advocate-on-Record......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. ...... 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 Judgment and order dated 24th May, 2005 passed by the High Court Division in Writ Petition No.2561 of 2005) ......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. ..Category: Procedural Law | Date: 11 Dec, 2007 | Hits: 7
Md. Mokter Hossain Khan Vs. State, 2007, 36 CLC (AD)
....5 one Monowara Begum (P.W.6) lodged information with Ghior Police Station that a body of a female child was floating on the water in a nearby bamboo bush on the eastern side of her house. Since the dead body was decomposed, she could not recognize the same. The age of the child was approximate 3 yea...... 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. ......lant. Abdur Rouf, Deputy Attorney General-For the Respondents. Jail Appeal No.01 of 2006. Judgment Md. Joynul Abedin J. - This appeal by leave is directed against the judgment and order dated 05.05.2004 passed by the High Court Division in Death Reference Case No.09 of 2002 refer...... 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. ..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)
....981) 17, at paragraph 4, page 20; Gorachand Haider Vs. Prafulla Kumar Roy, a Full Bench decision of the Calcutta High Court, 29 C.W.N. 948; Panaji Vs. Ratanchand, AIR 1933 (Bombay), 364; Ramdas Mukhopadhyay Vs. Uday Chand, AIR 36 (1949) Calcutta, 228 at paragraph 6, page 229; Satish Chandra Mookerje......inds no merit in the application dated 25.9.2005 for direction upon the Opposite Party No.5 to pay the balance decretal amount of Tk. 11, 33,562.50. Accordingly, that application is dismissed. The ad interim order of attachment dated 15.11.2005 pertaining to the properties of the Opposite Party No.5......ding interest and costs, and pertaining to the vessel M.V. PELEAS K. In decreeing the Suit for an amount of Tk. 19,70,000.00 in favour of the Plaintiff and against the Principal Defendants, the Court ordered on the Plaintiffs entitlement to recover the decretal amount by encashment of the Bank Guara......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. ..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
.... at once. 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 within the purview of the Rules 2007, as follows: (a) The first group of offences have been identified in rules 3 to 9, with provision for penalty. These offences are mostly related to law and order and incidental matters. (b) The second group of offences have been identified in Rule 14 ......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. ..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
Al Haj A.B.M. Mohiuddin Chowdhury Vs. State, 2007, 36 CLC (HCD)
.... Metropolitan Magistrate, Chittagong. 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. ......icy decision of the government relating to public welfare and acted to create hostile opinion against the caretaker government openly and secretly and grave apprehension of breach of public peace and order as a result of division among people has arisen. The accused petitioner by criticising and cha......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. ..Category: Criminal Law | Date: 2 Dec, 2007 | Hits: 3
Manzill Murshid and 6 others Vs. Bangladesh and another, 2007, 36 CLC (HCD)
....ন করিবার আবেদন করিয়া অত্র রীট মোকাদ্দমাটি দায়ের করা হইয়াছে। Human Right and Peace for Bangladesh নামক সংস্থার সভাপতি এ্যাডভোকেট মনজ......অত্র রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা ইইল। Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 94. ......to show cause as to why a direction should not be given upon the respondents to constitute vacation Courts for Civil cases during Civil Court vacation of the subordinate judiciary in every December order of orders and/or such other or further order or orders that may be passed as this Court may ......অত্র রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা ইইল। Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 94. ..Category: Others | Date: 2 Dec, 2007 | Hits: 7
Mainul Alam Vs. Anjera Begum, 2007, 36 CLC (HCD)
....rty No.10 of Civil Miscellaneous Case No.37 of 2006 filed under section 24 of, the Code of Civil Procedure for transferring Title Suit No.142 of 2000 from the Court of the Senior Assistant Judge, Sadar Bhola, to any other district on the ground stated in the petition. Subsequently, another petit...... retransferred to the Court of the Senior Assistant Judge, Bhola. Intimate both the Courts below for necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 935. ......ion was filed for transferring Title Suit No.83 of 2005 from that Court to any other district for holding simultaneous trial with Title Suit No.142 of 2000. This Court by the impugned judgment and order, dated 6-8-2007, allowed the miscellaneous case and transferred both the aforesaid title suit...... retransferred to the Court of the Senior Assistant Judge, Bhola. Intimate both the Courts below for necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 935. ..Category: Procedural Law | Date: 27 Nov, 2007 | Hits: 2
....urt's record at once.
Ed.
This Case is also Reported in: 28 BLD (HCD) (2008) 18.
......late Tribunal respondent No.3, the Commissioner also moved this Division in writ jurisdiction being Writ Petition No.3601 of 2001 challenging the jurisdiction of the Appellate Tribunal in granting ad-interim order of stay. The petitioner appeared and filed an affidavit-in-opposition to the writ peti......neral with Kazi Zinat Huq, Assistant Attorney-General-For the Respondents.
Writ Petition No.2082 of 2002.
Judgment
Mohammad Abdur Rashid J.- The above Rule NISI was obtained against an order dated 15.04.02 passed by respondent No.1, the Customs, Excise and VAT Appellate Tribunal in No......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.
..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ...... advisable for him to deposit the balance amount. Any way, the RAJUK by its letter dated 14.05.2001 informed him that in view of the Writ Petition No.1042 of 2001 file by Mrs. Zakia Doha and the interim-order passed therein, further steps following the RAJUK's letter dated 22.04.2001 had be......001 and Writ Petition No.5721 of 1997. Judgment Moyeenul Islam Chowdhury J.-In Writ Petition No.2603 of 2000, a Rule Nisi was issued upon the respondents as to why the impugned judgment and order dated 25.11.19.96 (Annexure-J) passed by the 1st Court of Settlement, Segun Bagicha, Dhaka (re......hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)
.... is also Reported in: 28 BLD (HCD) (2008) 659. ......et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ...... Md. Mizanur Rahman Bhuiyan J.-The appellant Fazlu alias Fazla preferred this appeal under section 24 of the Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 challenging the judgment and order of conviction and sentence dated 18.05.2000 passed by the learned Judge, Nari-O-Shishu Nir......et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....secution case are that S.I. Kamruzzaman of Dhaka Metropolitan Police Station Mirpur along with other police personnel arrested the accused appellant Md. Farid Hossain and recovered one foreign made revolver on the basis of secret information. Since the accused could not show any license for ......s 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: 28 BLD (HCD) (2008) 209. ...... the prosecution to produce them in the Court. On this back ground, the accused-appellant submitted an application for bail but the learned Judge of the Tribunal rejected his prayer by the impugned order dated 29.6.2006, which gave rise to this criminal appeal. 3. Mr. Md. Abdur Razzaque, th......s 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: 28 BLD (HCD) (2008) 209. ..Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7
Muktijoddha Bahumukhi Samabaya Samity Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Muktijoddha Bahumukhi Samabaya Samity………………………Petitioner Vs. Bangladesh and others………………….Respondents Judgment September 20, 2007. Result: T...... জারীকৃত রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ......ept the reserved quota of the Mayor. He lastly submits that, at this stage, the petitioner has no grievance against such allotment. Therefore, the writ petition is liable to be discharged. 8. In order to appreciate the submissions advanced by the learned Counsels, we have gone through the writ ...... জারীকৃত রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ..Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43
....of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
......ue in cash and rest 75 percent upon receipt of continuing bank guarantee(s).
4. On behalf of the respondent No.1, the Commissioner of Customs on 15.11.05 made an application for vacating aforesaid interim order of release. In the application, it is denied that the goods were assessed to duty on r......bills of entry, Annexure-'E' series to the writ petition.
3. During the vacation, the petitioner challenged such CRF certificates before a Single Bench of this Division and on 09.11.05 obtained an order of release of the goods on payment of duty and other charges in cash on the basis of invoice v......omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
....ioner Vs. Shahin Shakhider and others…………………….Opposite Parties Judgment September 12, 2007. Result: The Rule is made absolute. Cases Referred to- BADC Vs. Abedunnessa and others, 7 BLT 297; Secretar......6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ......plaintiff filed two applications one is for amendment of the plaint and another is for local investigation, fixing 25-11-2004 for hearing but on the same day defendant no.4 filed an application under order VII Rule 11(d) of the Code of Civil Procedure for rejection of the plaint stating that as per ......6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....s Vs. Sonali Bank and others………………………Respondents Judgment September 11, 2007. Result: The rule is discharged. Lawyers Involved: Debdas Sammader, Advocate - For the Petitioners. Asad Hossain Chowdhury, Advocate - For the respondent No......r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ......dvocate - For the Petitioners. Asad Hossain Chowdhury, Advocate - For the respondent No.1-2. Writ Petition No.6067 of 2004. Judgment Md. Abu Tariq J.- This rule has arisen out of order No.49 dated 16.6.2004 issuing warrant of arrest against the writ petitioners passed by the A......r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ..Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
.... Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......n No.1333 of 2003. Judgment Sharifuddin Chaklader J.- This Rule, at the instance of the informant, under section 439 of the Code of Criminal Procedure, directing against the judgment and order of acquittal dated 31-7-2003 passed by the learned Metropolitan Additional Sessions Judge, 1s......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)
....d no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ......find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ......ndents. Writ Petition No.5662 of 2001. Judgment Zinat Ara J.- In this application under Article 102(2)(a)(ii) of the Constitution, the petitioner called in question the legality of the order dated 10-9-2001 issued by the Deputy Director, Bangladesh Bank (respondent No.3) under Memo No......find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ..Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....ellip;………………..Respondent Judgment August 28, 2007. Result: The Rules are discharged. Cases Referred to- Managing Director, Bangladesh Machine Tools Factory Ltd. Vs. Chairman, 2nd Labour Court and Another, (1992) 44 DLR (AD) 272;......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ...... law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as follows: Let a Rule Nisi calling upon the respondents to show cause as to why the judgment and order dated 16.10.2005 passed by respondent No.1 (Annexure-C) should not be declared to have been pa......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....nd to prove every link in the chain of evidence against the accused from the beginning to the end in a cogent manner. Subject to the exception in section 105 of the Evidence Act where an accused pleads certain mitigating circumstances exist. Nevertheless, the prosecution must establish the cha......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......irect evidence to prove the charge under section 304 part 1 of the Penal Code, the only alternative available to the prosecution to sustain the charge is to depend on circumstantial evidence. In order to sustain a conviction on circumstantial evidence alone, there must exist an unbroken and we......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
....s Judgment August 15, 2007. Result: The Criminal Appeal No.887 of 2004 is allowed with rejection of Death Reference No.33 of 204. The Criminal Miscellaneous Case No.1195 of 2005 is made absolute. Jail Appeal Nos.313 of 2004 and 172 of 2005 are disposed of. Lawyers Involved: ...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ......No.33 of 2004, Crl. Appeal No.887 of 2004, Jail Appeal No.313 of 2004, Jail Appeal No.172 of 2005 and Crl. Misc. Case No.1195 of 2005. 2. Learned Speedy Trial Tribunal, Barisal by his judgment and order dated 01-03-2004 passed in Speedy Tribunal Case No.62 of 2003 convicted condemned prisoners (1...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
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