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....ammad Bazlur Rahman J
Md. Ruhul Quddus J
Md. Atiar Rahman and others…........................................................Petitioners
Vs.
The Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others…………........ grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......onorarium…………………………(9)
A document must be annexed to validate any injury or disability to get remedy.
Disabled freedom fighters with 5%disability and enlisted with the Trust for the first time in 2004-2008, cannot claim themselves in any manner to stand on same footing with...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
....f learned Metropolitan Magistrate, Dhaka against the accused under section 406/420/109/465/467 of the Penal Code alleging, amongst other, that the complaint is the Managing Director of World Tel of Bangladesh Ltd. ("WT Bangladesh") having its registered office at House No.3, Road No.23A, Gulshan, ...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......aw.………………(15) Nothing in section 173 of the Code of Criminal Procedure preclude further investigation in respect of an offence after a report under section 173 (1) of the Code has been forwarded to the Magistrate. The sub section (3B) of section 173 does not require any protest petiti...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ..Category: Criminal Law | Date: | Hits: 124
....Court Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Md. Mozammel Hossain J
Stadmax Ltd………Petitioner
Vs.
General Manager, Credit Information Bureau, Bangladesh Bank & others………Respondents
Judgment
June 1, 1998.
Result:
The peti...... discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 594.
......eme Court
High Court Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Md. Mozammel Hossain J
Stadmax Ltd………Petitioner
Vs.
General Manager, Credit Information Bureau, Bangladesh Bank & others………Respondents
Judgment
June 1, 1998.
R...... discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 594.
..
Category: Civil Law | Date: | Hits: 119
Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
..... Result: The Rule is disposed ofwith observations and direction. Case Referred to- Ancient Steamship Company Limited Vs. Member (Appeal & Revision) Ministry of Finance, Government of Bangladesh, 2 MLR (AD) 302. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Petit......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. ......, 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 confiscation 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. ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....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. ...... 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. ..Category: Civil Law | Date: | Hits: 93
....ses referred to-
Abul Khair (Md) Vs. Pubali Bank Ltd. and another, 53 DLR (AD) 62; Jahanara Begum Vs. Md. Aminul Islam Choudhury and others, 2 MLR (AD) 112; Abdul Jalil and others vs. Islami Bank, Bangladesh Ltd., 53 DLR (AD) 12.
Lawyers Involved:
Syed Golam Mustafa, Advocate - For the peti...... 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.
......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.
..
Category: Procedural Law | Date: | Hits: 165
Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
....rded tenant Ibrahim died leaving behind widow Taiman and a daughter Ayesha; that during pre-emptory hearing, evidence was adduced to the effect that Ayesha died after 6/6 years of the liberation of Bangladesh. 4. The preemptor adduced 3 P.Ws. and the pre-emptee did not adduce any evidence by th......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. ....... 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. ..Category: Procedural Law | Date: | Hits: 162
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....ee. 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. ......an Enterprise and lastly M.T. Enterprise (IMO No.7709136). The vessel was imported by M/S. Madina Enterprise (respondent No.17) from a company 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. ..Category: Environmental Law | Date: | Hits: 688
Provat Mondal and others Vs. State, 2012, 41 CLC (HCD)
....osed of. Let a copy of this order be immediately transmitted to each of the Courts below for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 182. ......osed of. Let a copy of this order be immediately transmitted to each of the Courts below for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 182. ......ate-Opposite Party No.1. Criminal Miscellaneous Case No. 7874 of 2012. Judgment Moyeenul Islam Chowdhury J.- This is a petitioner under section 561A of the Code of Criminal Procedure, 1898 for quashing the Judgment and Order dated 15-2-2012 passed by the Additional Sessions Judge, 3rd Cou......osed of. Let a copy of this order be immediately transmitted to each of the Courts below for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 182. ..Category: Criminal Law | Date: | Hits: 74
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....n (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Emdadul Huq J Faroque Reza………………………………Petitioner Vs. Government of the People's Republic of Bangladesh and others……………………………Respondents Judgment July 3, 2008. Re......an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ......ty Corporation disrupting the easement right of the petitioner. 3. Subsequently respondent Nos.4, 5, 7 and 8 were restrained front dispossessing the petitioner from the disputed property initially for three months from 03.07.07 and subsequently it was extended till disposal of the Rule. 4. Pet......an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ..Category: Civil Law | Date: | Hits: 74
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....ined reading of section 2(ga), 2(ta) and section 3 of the Arbitration Act, 2001, it is apparent that the intention of the legislature is that the scope of the Act is limited within the territory of Bangladesh, except that there is a scope to enforce an award passed in a foreign arbitration, pursua....... Accordingly, the application under section 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ......on 3 of the Arbitration Act, 2001, it is apparent that the intention of the legislature is that the scope of the Act is limited within the territory of Bangladesh, except that there is a scope to enforce an award passed in a foreign arbitration, pursuant to section 3(2) read with sections 45, 46 a....... Accordingly, the application under section 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..Category: Alternative Dispute Resolution | Date: | Hits: 506
Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)
.... Supreme Court High Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Tafazzul Islam J Mokbul Hossain Santu (Md.)………………………Petitioner Vs. Bangladesh and others………………………Respondents Judgment November 24, 1997. Res......702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ......, 1997. Result: The Rule is made absolute. The Arms Act, 1878 (Act No. IX of 1878); section 26 Under section 26 of the Arms Act, the District Magistrate is not empowered to issue an order for seizure of arms. Only the Government is empowered to seize arms of any person and to detain the ......702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ..Category: Criminal Law | Date: | Hits: 77
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....n the meaning of the Act……….….(17) Case Referred to- Sultana Jute Mills Limited Vs. Agrani Bank, 1994 BLD (AD) 196 = 46 DLR (AD) 174; Pubali Bank Ltd. Vs. Md. Mamnur Rahman, 54 DLR 458; Bangladesh Jatiya Somabaya Bank Vs. Md. Obaidul Akbar, BCR 1982 (AD) 18; DP Goenka Vs. Governor-Gene......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. ......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. ..Category: Civil Law | Date: | Hits: 106
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....e suit property was originally belonged to Debendra Nath Dingi and his name was duly recorded; that during the partition of India, the schedule land was in the territory of the then East Pakistan now Bangladesh and he was obstructed to use the land; that at that time the father of the plaintiff and ......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......g to this Rule are that on 31.07.1985, the petitioner as plaintiff instituted Title Suit No.155 of 1985 in the Court of senior Assistant Judge Moheshpur, impleading the opposite parties as defendants for declaration that all proceedings of certificate case No.68370/60-61 are fraudulent, collusive,......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ..Category: Procedural Law | Date: | Hits: 114
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
.... It is also in the evidence that deceased Boshor is a married person and his wife is alive. It is also in the evidence that, although there is contradiction, two full brothers of the deceaseds are in Bangladesh beside that the other brothers of the informant, although through stepmother No.1 and 2, ......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. ......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. ..Category: Criminal Law | Date: | Hits: 89
....Khan, Advocate - For the respondent No.4.
Writ Petition No.3023 of 2010.
Judgment
Md. Delwar Hossain J.- Upon an application under Article 102 of the Constitution of the People's Republic of Bangladesh this Rule Nisi was issued on 04.5.2010 calling upon the respondents to show cause as to w......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.
...... 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.
..
Category: Election Law | Date: | Hits: 600
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
....of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......uce documentary evidence. Without doing so, he participated in the hearing of the argument of the suit. After delivery of the judgment and decree if the suit is sent back on remand to the trial Court for fresh trial giving chance to the defendant to adduce evidence it will give him an indulgence to ......of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ..Category: Procedural Law | Date: | Hits: 99
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
.... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ...... that in a case involving severe punishment or life imprisonment, courts require even a higher degree of proof and all material evidence particularly those in favour of the accused should be placed before the court. It is a course not obligatory on the public Prosecutor to examine any number of wi...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..Category: Criminal Law | Date: | Hits: 84
....il appellate jurisdiction)
Present:
Md. Arayes Uddin J
Md. Abu Tariq J
M/s. ERRIA Shipping Pte Ltd. and another……………………………Appellants
Vs.
M/s. Lever Brothers (Bangladesh) Ltd……………………………Respondent
Judgment
February 11, 2009.
Resu......6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
......te Judge (now Joint District Judge) 2nd Court, Chittagong in Money Suit No.6 of 1980, (re-numbered as Money Suit No.603 of 1984) decreeing the suit against the defendant appellants.
2. Short facts for disposal of the appeal are that the plaintiff is a Limited Company and carries on the business o......6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
..
Category: Admiralty Law or Maritime Law | Date: | Hits: 486
....003 to December, 2004 as per VAT accounts. But the petitioner received Taka 144, 31, 55,331 during the period on the basis of two bank accounts maintained with the Bank of Small Industry and Commerce Bangladesh Limited, Main Branch at Dhaka. On consideration of said transfers, said respondent was of......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
......authority authorized to apply. The VAT Act is a comprehensive tax law. It has defined the tax to be paid as VAT on the specified sales and/or services. Similarly, it has laid down elaborate procedure for realization of the tax and punishment for any violation or omission. The concerned authority is,......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
..
Category: Fiscal/Taxation Law | Date: | Hits: 131
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