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SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)

....- This Rule, at the instance of plaintiff petitioners calls in question the legality and propriety of the judgment and order dated 15-6-2005 passed by learned additional District Judge, Second Court, Dhaka, dismissing Misc. Appeal No.38 of 2004 and affirming those of dated 16-2-2004 passed by learne...... This Case is also Reported in: 16 BLC (HCD) (2011) 51.......) 51.......6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51...

Category: Civil Law | Date: | Hits: 111

Saint Martin Commodities Limited Vs. Chairman & Joint Commissioner, Licensing Authority, Customs House & Others, 2010, 39 CLC (HCD)

....nd leading to the peti­tion, in short, is that the petitioner is engaged in business as Clearing and Forwarding Agent and in course of business he was engaged by one Shahidul Haque Molla, Chandgoan, Dhaka to clear his import consignments under Letter of Credit No.088306010241 and No.08830601-0242 b......18-6-2007 (Annexure-E) passed by the respondent No.1 canceling petitioner's Clearing & Forwarding Agent's License No.143/91-ICD should not be declared to have been issued without lawful authority and is of no legal effect. 2. The background leading to the peti­tion, in short, is that the pet...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Saint Martin Commodities Limited...................Petitioner Vs. Chairman & Joint Commissioner, Licensing Authority, Customs House & Others………Re......aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 49. ..

Category: Business or Commercial Law | Date: | Hits: 656

Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)

....ies found on the dead body of the victim but without any opinion of the doctor as to the cause of the death of the victim as the viscera of the dead body was sent to the chemical examiner, Mohakhali, Dhaka for examination and report. However after a few months of the occurrence, the report of the ch......ate…………………………Opposite Party Judgment June 19, 1994. Result: The appeal is dismissed with modification of sentence. Cases Referred to- Firoza Begum Vs. Harmuz Ali and another, 40 DLR 161; Nurul Islam & others Vs. State, 40 DLR 122; Nurul Islam Vs. State, 27 D...... Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Ansar Ali J M Bazlur Rahman Talukder J Abdus Sukur Mia……………………………Appellant Vs. State…………………………Opposite Party Judgment June 19, 1994. Result: ......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ..

Category: Criminal Law | Date: | Hits: 135

Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)

....s Involved: Md. Fazlul Karim, Advocate - For the Petitioner. Altafur Rahman, Advocate ‑ For the Opposite Parties. Civil Revision No.556 of 1988 (Rangpur) Civil Revision No.7765 of 1991 (Dhaka) Judgment Abu Sayeed Ahammed J.- Rule was issued against the Judgment and decree dated 2......ted in: 48 DLR (HCD) (1996) 226. ......lso Reported in: 48 DLR (HCD) (1996) 226. ......tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ..

Category: Property Law | Date: | Hits: 123

Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....he cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153.......eral—For the State. Criminal Miscellaneous Case No. 100 of 1989. Judgment Latifur Rahman J. - In this Rule the peti­tioner has challenged the legality of the detention or­der of her husband M. A. Wahid and has prayed for his release. 2. In the petition it has been stated that the de......preme Court High Court Division (Dhaka) (Criminal Original Jurisdiction) Present: Latifur Rahman J AM Mahmudur Rah­man J Mahbuba Wahed………………………Petitioner Vs. Secretary Ministry of Home Affairs & others…………….Opposite Parties Judgment ......­tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153...

Category: Criminal Law | Date: | Hits: 109

Abdus Satter Bhuiya Vs. Deputy Commissioner Dhaka & Others, 1988, 17 CLC (HCD)

....tter by this Court at this stage. The application is, therefore, rejected summari­ly. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ......gment Mahmudul Amin Chowdhury J.- This is an application under section 561A of the Code of Criminal Procedure preferred for quashing the pro­ceedings of D.A.B. Non F.I.R. Case No.717 dated 6.8.86 and D.A.B.G.R. No.76 of 1986 under sec­tion 175 of the Penal Code. 2. The petitioner's case, in ......urt Division (Dhaka) (Criminal Revisional Jurisdiction) Present: F H Mohammad Habibur Rahman J Mahmudul Amin Chowdhury J Abdus Satter Bhuiya.........................Petitioner Vs. Deputy Commissioner Dhaka & Others ...............Opposite Parties Judgment August......nd there is nothing to interfere in this matter by this Court at this stage. The application is, therefore, rejected summari­ly. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ..

Category: Procedural Law | Date: | Hits: 118

Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)

.... interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ......vision No.607 of 1985. Judgment Md. Mozammel Hoque J. - In this Rule issued under section 115 of the Code of Civil Procedure the opposite party was directed to show cause as to why the judgment and order dated 25.8.85 passed in Miscellaneous Case No.66 of 1985 by the Com­mercial Court No.II a......upreme Court High Court Division (Dhaka) (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Ahmed Silk Mills Ltd.......................Petitioner Vs. Bangladesh Shilpa Bank.............Opposite Party Judgment June 29, 1989. Result: ......ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ..

Category: Civil Law | Date: | Hits: 119

Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)

....irected to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ......d in: 42 DLR (HCD) (1990) 138. ......Court High Court Division (Dhaka) (Criminal Revisional Jurisdiction) Present: Latifur Rahman J AM Mahmudur Rahman J Dr. S.M. Abu Taher and Others...............Petitioners Vs. The State…………................................Opposite Party Judgment June 27, 1....... The Ses­sions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ..

Category: Procedural Law | Date: | Hits: 143

Taslima Begum @ Anguri and another Vs. State, 1989, 18 CLC (HCD)

.... Magistrate are not relevant for our purpose. Thus the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 136. ......d in: 42 DLR (HD) (1990) 136. ......urt High Court Division (Dhaka) (Criminal Revisional Jurisdiction) Present: Latifur Rahman J AM Mahmudur Rahman J Taslima Begum @ Anguri and another................Petitioner Vs. The State…………………………………………………Opposite Party Judgment ......elated to cases, of taking cognizance by a Magistrate are not relevant for our purpose. Thus the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 136. ..

Category: Criminal Law | Date: | Hits: 84

Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)

..... Judgment M Enayetur Rahim J.- Convict Md. Delwar Hossain has preferred this appeal being aggrieved by the judgment and order dated 21-9-2004 passed by the Metropolitan Special Tribunal No.10, Dhaka in Metropolitan Special Tribunal Case No.82 of 2002 convicting him under section 19A and 19(f)......ssistant Attorney-General - For the State. Criminal Appeal No.3801 of 2004. Judgment M Enayetur Rahim J.- Convict Md. Delwar Hossain has preferred this appeal being aggrieved by the judgment and order dated 21-9-2004 passed by the Metropolitan Special Tribunal No.10, Dhaka in Metropolitan S......10) 490. ......istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ..

Category: Criminal Law | Date: | Hits: 128

Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)

....pecial Case No.56 of 2003 (formerly Metro. Special Case No.72 of 2003) bearing BAC GR No.81 of 2002 arising out of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may s...... Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment May 18, 2010. Result: The rule is...... 26. ......of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ..

Category: Criminal Law | Date: | Hits: 106

Dainik Janakantha Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity, 1997, 26 CLC (HCD)

.... Present: Md. Gholam Rabbani J M Bazlur Rahman Talukder J Dainik Janakantha represented by its Editor and Publishers Md. Atiqullah Khan Masud and others................Petitioner Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity............Opposite Party Judgment June 2...... (1996) 470. ......tion) Present: Md. Gholam Rabbani J M Bazlur Rahman Talukder J Dainik Janakantha represented by its Editor and Publishers Md. Atiqullah Khan Masud and others................Petitioner Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity............Opposite Party Judgment ......e impugned order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No.118 of 1996 is set aside Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 470. ..

Category: Civil Law | Date: | Hits: 169

Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)

....'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ......ul J Md. Nurul Islam………………. Petitioner Vs. Nur Ayesha Begum........... Opposite-Parties Judgment May 31, 2007. Result: The Rule is discharged. The impugned judgment and decree passed by the appellate Court is upheld with modification. Lawyers Involved: No one......6 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ......'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ..

Category: Family Law | Date: | Hits: 202

People's Republic of Bangla­desh Vs. Chairman, Court of Settlement of Bangladesh and another, 1995, 24 CLC (HCD)

....ted by the Secretary, Ministry of Housing and Works, Govern­ment of Bangladesh.......................Petitioner Vs. Chairman, Court of Settlement of Bangladesh, Bangladesh Abandoned Buildings, Dhaka and another......................Respondents Judgment June 26, 1995. Result: The ......High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J People's Republic of Bangla­desh, represented by the Secretary, Ministry of Housing and Works, Govern­ment of Bangladesh.......................Petitioner Vs. Chairman, Court of ......ahmudur Rahman J Mahfuzur Rahman J People's Republic of Bangla­desh, represented by the Secretary, Ministry of Housing and Works, Govern­ment of Bangladesh.......................Petitioner Vs. Chairman, Court of Settlement of Bangladesh, Bangladesh Abandoned Buildings, Dhaka and anothe......n we need not embark on discussion on merit. In the result, this petition is rejected on the ground of inordinate delay. No costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 502. ..

Category: Limitation Law | Date: | Hits: 230

Eliadah McCord Vs. State, 1995, 24 CLC (HCD)

....e J.- This suo motu Rule was issued in Criminal Miscellaneous Case No.2085 of 1995 on 18‑7‑95 directing the secretary, Ministry of Home Affairs, Government of Bangladesh, the Deputy Commissioner, Dhaka, and the DIG (Prison), Dhaka Central Jail, Dhaka, to show cause as to why the detenu Eliadah M......s Case No. 2085 of 1995] Judgment August 9, 1995. Result: The appeal is allowed in part. Lawyers Involved: Obaidur Rahman Mostafa with Farid Ahmed, Syed Khalequzzaman, Bahreen Khan and Rezeen Taheer, Advocates ‑ For the Appellant. M. Shamsul Alam, Deputy Attorney General ‑ ...... DLR (HCD) (1996) 495.......icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495...

Category: Criminal Law | Date: | Hits: 162

Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)

....and's house, she requested the seller-opposite parry to partition the case land along with the other, land but every time he avoided the proposal tactfully. The co-sharer opposite party No.5 lives in Dhaka permanently with her husband. Recently when the pre-emptor put pressure upon the seller opposi...... Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Habibur Rahman Bhuiyan (Md.) and others..................Appellants Vs. Galman Begum and others………………………â......ar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Habibur Rahman Bhuiyan (Md.) and others..................Appellants Vs. Galman Begum and others……………………………………………Respondents Judg......my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ..

Category: Property Law | Date: | Hits: 138

Elahi Bux Vs. State, 1986, 15 CLC (HCD)

....ins." 11. In view of the above discussions of the relevant sections of the Limitation Act and the decisions noted above, we are unable to accept the principles laid down by the single Bench of the Dhaka High Court Division. 12. We are of the opinion that section 5 of the Limitation Act has no ......t February 16, 1986. Result: The Application is summarily rejected. Cases Referred to- Mustafa @ Mustofizur Rahman Vs. The State, 1985 BLD 335; Syed Mohamud Alam Vs. Syed Mehdi Hossain and others, PLD 1970 Lahore, 6; Chheda Lal Jain Vs. Officer, Commanding Station Mecrut Cantonment, A...... High Court Division (Criminal Appellate Jurisdiction) Present: Daliluddin Ahmed J BB Roy Chowdhury J Elahi Bux…………………………………Convict/Appellant (In Custody) Vs. State……………………………………………Respondent Judgment February 1......e rendered by him to this Court. This application is, therefore, summarily rejected. Bimalendu Bikash Roy Choudhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 164. ..

Category: Limitation Law | Date: | Hits: 222

State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)

....dence of witnesses who failed to find mention in the first information report may establish their bona fides." In the case of the State Vs. Bashirulla reported in 16 DLR 10 a Division Bench of Dhaka High Court observed as under: "It is true that a first information report cannot be used...... ...... DLR (HCD) (1996) 305. ...... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ..

Category: Criminal Law | Date: | Hits: 139

Abdus Sattar Vs. Chairman, Labour Court, Chittagong and another, 1996, 25 CLC (HCD)

.... The Rule is made absolute. Lawyers Involved: Md. Ismail, with Md. Omar Farook, Advocates ‑ For Petitioner. Md. Nawab All, Advocate ‑ For Respondent 2. Writ Petition No.1456 of 1991 (Dhaka) Writ Petition No.46 of 1990 (Chittagong). Judgment Kazi Ebadul Hoque J.- In this Rul......azi Ebadul Hoque J Amind Kabir Chowdhury J Abdus Sattar, Fitter, LB No.4784, G Shift, Victory Jute Products Ltd. Chittagong...............Petitioner Vs. Chairman, Labour Court, Chittagong and another.............Respondents Judgment June 3, 1996. Result: The Rule is made abso......al Original Jurisdiction) Present: Kazi Ebadul Hoque J Amind Kabir Chowdhury J Abdus Sattar, Fitter, LB No.4784, G Shift, Victory Jute Products Ltd. Chittagong...............Petitioner Vs. Chairman, Labour Court, Chittagong and another.............Respondents Judgment June 3,......dent No.2 is directed to give termination benefit to the petitioner within 30 days from date. Send down the lower Court's records. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 525. ..

Category: Labour and Industrial Law | Date: | Hits: 183

Dhaka Chamber of Commerce and In­dustry Vs. Secretary, Ministry of Works of the Govt. of the People's Republic of Bangla­desh and others, 1986, 15 CLC (HCD)

....This Case is also Reported in: 39 DLR (HCD) (1987) 145. ...... in: 39 DLR (HCD) (1987) 145. ...... High Court Division (Special Original Jurisdiction) Present: Sultan Hossain Khan J Anwarul Haque Chowdhury J Dhaka Chamber of Commerce and In­dustry………………Petitioner Vs. Secretary, Ministry of Works of the Govt. of the People's Republic of Bangla­desh and others......s rule is discharged with­out any order as to cost. The stay granted earlier is hereby vacated. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 145. ..

Category: Civil Law | Date: | Hits: 162