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Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
....as Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16; Sher Ali Vs. State, 46 DLR (AD) 67. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Petitioner. Md. Khurshedul Alam, Deputy Attorney-General with Delowar Hossain Somadder, Assistant Attorney-General & Monjur Kader...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......€¦â€¦â€¦â€¦.Opposite-Party Judgment April 18, 2012. Result: The Rule is made absolute. The Mobile Court Ain, 2009 (Act No. LIX of 2009) The Mobile Court Ain, 2009 is a special law and an overÂriding law. From a combined reading of the provisions of section 4 and section 6(1), it......cutive Magistrate.……………………..(18) Interpretation of Statute Modern method adopted by the Courts is literal construction conditioned by what is called golden rule of construction. Generally all statutes are to be constructed according to the plain, literal and grammatical meaning..Category: Criminal Law | Date: | Hits: 81
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
.... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ......eported in: 15 MLR (HCD) (2010) 311. ......er, Advocate - For the appellant in Criminal Appeal No.2224 of 2002. Mohammad Ali, Advocate - For the appellant in Criminal Appeal No.2210 of 2002. Md. Abdul Jabbar Bhuiyan, Assistant Attorney-General - For the State Respondent in all the Criminal Appeals. Criminal Appeal No.2224 of 2002...Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....54; State Vs.Paran Ch. Baroi BCR 1982 page 293; Bala Krishna Vs. The State of Orissa, 1971 AIR (SC) 804; Thulia Kali Vs. The State of Tamil Nadu, 1973 AIR (SC) 501 Lawyers Involved: Idris Khan, Deputy Attorney-General with Mir Shafiqul Islam, Assistant Attorney-General - For the State. Ani......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. ...... (2010) 138. ......an Ch. Baroi BCR 1982 page 293; Bala Krishna Vs. The State of Orissa, 1971 AIR (SC) 804; Thulia Kali Vs. The State of Tamil Nadu, 1973 AIR (SC) 501 Lawyers Involved: Idris Khan, Deputy Attorney-General with Mir Shafiqul Islam, Assistant Attorney-General - For the State. Anisul Huq, Advocat..Category: Criminal Law | Date: | Hits: 89
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
.... of Modhya Bharat, AIR 1953 (SC) 468; Shamer Bala Changule Vs. The State of Maharastra, AIR 1976 (SC) 557. Lawyers Involved: S. N. Goswami - For the Appellants. Mrs. Umme Kulsum Begum, Deputy Attorney General with AHM Obaidul Kabir Assistant Attorney General and S. M. Shajahan Kabir, ...... 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. ......e. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......t, AIR 1953 (SC) 468; Shamer Bala Changule Vs. The State of Maharastra, AIR 1976 (SC) 557. Lawyers Involved: S. N. Goswami - For the Appellants. Mrs. Umme Kulsum Begum, Deputy Attorney General with AHM Obaidul Kabir Assistant Attorney General and S. M. Shajahan Kabir, Assistant Attorn..Category: Criminal Law | Date: | Hits: 84
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
.... 9. In the result, the Rule is made absolute. Bail granted to appellant‑opposite‑party Abdul Momin Sarder on 11‑1‑96 is cancelled and he is directed to surrender to his bail bond forthwith. Deputy Commissioner Satkhira is directed to take steps for securing arrest of the said convict and t......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......s discretion to enlarge a convict has not been clearly stated under the provisions of sub‑section (1) section 426 but that discretion is to be exercised in consonance with the practice of the Court and well settled judicial pronouncements and norms. Before liberation when there was no heavy pressu......n the pronouncement of the Appellate Division………………………(7) Lawyers Involved: M Monsur Ali, Advocates ‑ For Appellant Opposite Party. Mushfiqur Rahman, Assistant Attorney‑General ‑ For the State. Criminal Revision No.572 (suo‑motu) of 1996. Judgment Kazi Eba..Category: Criminal Law | Date: | Hits: 87
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
....; Starland Vs. Director of Public Prosecution, 1944 AC 315(1994) = 2 All ER 13 (HL). Lawyers Involved Md. Ismail with Shihab Uddin Mahmud, Advocates — For the Appellant. Umme Kulsum Begum, Deputy Attorney-General with SM Shahjahan Kabir, Assistant Attorney-General — For the State. Cr...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ......l. The test provided by the section is not as to whom the arms belong but whether they are in the possession or under the control of the persons charged. What is contemplated by this clause is actual and physical possession and control and not merely a possession or control by construction of law.........irector of Public Prosecution, 1944 AC 315(1994) = 2 All ER 13 (HL). Lawyers Involved Md. Ismail with Shihab Uddin Mahmud, Advocates — For the Appellant. Umme Kulsum Begum, Deputy Attorney-General with SM Shahjahan Kabir, Assistant Attorney-General — For the State. Criminal Appeal No..Category: Criminal Law | Date: | Hits: 92
....ercise of statutory power........................................(15)
Lawyers Involved:
Mahmudul Islam with Md. Mizanul Haque Chowdhury, Advocates — For the Petitioner.
Kazi Waliul Islam, Deputy Attorney General with Md. Rezaul Islam, Assistant Attorney General — For the Respondents.
......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.
...... Reported in:61 DLR (HCD) (2009) 734.
......ory power........................................(15)
Lawyers Involved:
Mahmudul Islam with Md. Mizanul Haque Chowdhury, Advocates — For the Petitioner.
Kazi Waliul Islam, Deputy Attorney General with Md. Rezaul Islam, Assistant Attorney General — For the Respondents.
Writ Petition ..
Category: Fiscal/Taxation Law | Date: | Hits: 131
.... 26 DLR (SC) 44.
Lawyers Involved:
Dr. Kamal Hossain with HS Deb Brahman and Tanjib-ul-Alam, Advocates‑ For the Petitioners.
AJ Mohammad Ali, Additional Attorney-General with Naima Haider, Deputy Attorney-General and MA Azim Khair, Deputy Attorney-General and Md. Alamgir Kabir, Assistant ......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
......e is also Reported in:55 DLR (2003) 171.
......esur Rahman Vs. Bangladesh, 26 DLR (SC) 44.
Lawyers Involved:
Dr. Kamal Hossain with HS Deb Brahman and Tanjib-ul-Alam, Advocates‑ For the Petitioners.
AJ Mohammad Ali, Additional Attorney-General with Naima Haider, Deputy Attorney-General and MA Azim Khair, Deputy Attorney-General and Md..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
.... Tax Tribunal, Chittagong Branch, Chittagong, (1997) 49 DLR 279. Lawyers Involved: Ms. Nahid Kabir with Md., Asaduzzaman with Md. Matiur Rahman - For the petitioner. Ms. Nahid Mahtab, Deputy Attorney-General with Ms. Kazi Zinat Haque, Assistant Attorney-General, Mrs. Mahfuza Begum, A......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......f Finance Mr. Shawkat Hossain, 75, Mohakhali, CADhaka-1212…………………Petitioner Vs. The National Board of Revenue, Segunbagicha, Dhaka represented by its Chairman, Segunbagicha, Dhaka and another…………………………Respondents Judgment February 12, 2008. Result: ......ing co. Vs. Irving, 1905 AC 369 PC; M/s. Hossein Kasam Dada (India) Ltd. Vs. State of Madhya Pradesh, AIR 1953 SC 221; Garikapati Vs. N Subbiah Choudhury, AIR 1957 SC 540; State of Bombay Vs. Supreme General Film Exchange, AIR 1960 SC 980; Essential Industries Vs. Central Board of Revenue, (1969) 21..Category: Fiscal/Taxation Law | Date: | Hits: 171
Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)
....l Appellate Jurisdiction) Present: Md. Abdul Wahhab Miah J Md. Abu Tariq J Latif alias Md. Latif Miah and Rabiuzzal Hossain………………Appellants Vs. The State, represented by Deputy Commissioner, Dhaka………………..Respondent Judgment August 1, 2005. Result: ...... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ......eported in: 13 MLR (HCD) (2008) 410. ......lied upon without calling the concerned Magistrate as witness........................(10) Lawyers Involved: Md. Harun-Or-Rashid, Advocate - For the appellants. Golam Kibria, Deputy Attorney-General with Md. Atiqul Karim, Assistant Attorney-General -For the respondent. Criminal Appeal No..Category: Criminal Law | Date: | Hits: 86
Mrs. Rokeya Begum Vs. Chartered Credit CoÂoperative Ltd., 2009, 38 CLC (HCD)
....itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......s Non disclosure of the date of receipt of notice under section 138 (1) (b) of the Negotiable Instruments Act is a question of fact which will be decided at the time of trial after taking evidence and thus non-disclosure of date of receipt of notice and consequently the failure to disclose the ca......ne 2, 2009. Result: The Rule is discharged. If any notice is issued through registered post with AD, it can be legally presumed that the notice has been served properly as per article 17 of General Clauses Act……………………….(20) The Code of Criminal Procedure, 1898 (Act No...Category: Criminal Law | Date: | Hits: 70
....que-ul Huq, Abdul Basel Majumder, Mahmudul Islam, Rokanuddin Mahmud - For the applicants.
Manzill Murshed - For the petitioners.
Mahbubey Alam, Attorney General with Razik Al-Jalil, Deputy Attorney General - For the respondents.
Writ Petition No.3503 of 2009.
Judgment
...... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
......) 257.
......
Lawyers Involved:
Rafique-ul Huq, Abdul Basel Majumder, Mahmudul Islam, Rokanuddin Mahmud - For the applicants.
Manzill Murshed - For the petitioners.
Mahbubey Alam, Attorney General with Razik Al-Jalil, Deputy Attorney General - For the respondents.
Writ Petition N..
Category: Environmental Law | Date: | Hits: 731
Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)
.... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Sobhan Munshi………………………….Petitioner Vs. The State and another……………………………Opposite parties Judgment January 7, 2010. Resu......rred to- Jahangir Alam (Mohammad) alias Jakir Vs. The State, 56 DLR (AD) 217. Lawyers Involved: S.M. Abdur Rouf, Advocate - For the petitioner. Md. Ensan uddin Sheikh, Assistant Attorney-General with Md. Jahangir Alam and Ms. Beadura Ansari, Assistant Attorney-General - For the Opposite..Category: Criminal Law | Date: | Hits: 81
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
.... Vs. Ful Mia, 5 BLC (AD) 41; Sirajuddin Vs. State, AIR (38) 1951 Allahabad 834; Md. Abdul Ali Vs. State, 20 BLD 327 = 6 BLC; State Vs. Mofizuddin, 24 BLD 481. Lawyers Involved: MA Mannan Mohon, Deputy Attorney-General with Mahabub-ul-Alam, Assistant Attorney-General with Delowara Begum (Bela) ......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be comÂmunicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......………………………Appellant Vs. Delwar Hossain & others……………………………….Condemned-Prisoners Judgment October 25, 2011. Result: The Criminal Appeal and Jail Appeal being No.2784 of 2011 and 207 of 2006 are allowed in part. The Criminal Appeal a......BLC (AD) 41; Sirajuddin Vs. State, AIR (38) 1951 Allahabad 834; Md. Abdul Ali Vs. State, 20 BLD 327 = 6 BLC; State Vs. Mofizuddin, 24 BLD 481. Lawyers Involved: MA Mannan Mohon, Deputy Attorney-General with Mahabub-ul-Alam, Assistant Attorney-General with Delowara Begum (Bela) Assistant Attorn..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....s legally instituted and the plaintiff obtained lease from the Government, as such, he cannot demand the suit property. Plaintiff filed VP Appeal No.8 of 1987 but that was dismissed by the Additional Deputy Commissioner (ADC) Revenue on 3-4-1989. This defendant prayed for dismissal of the suit. 6......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ...... High Court Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Shawkat Hossain J Waseq Ullah & Others.................Appellants Vs. Rezia Khatun and Others……............Respondents Judgment May 23, 2010. Result: The First Appea......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
.... Abdul Malek - For the Opposite Parties. Criminal Revision No. 47 of 1984. Judgment ATM Afzal J.- This Rule, at the insÂtance of the informant-petitioner, was issued upon the Deputy Commissioner, Narsingdi and other Opposite-parties to show cause why the Order dated 24.9.84 ......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......site-Parties Judgment December 3, 1985. Result: The Rule is discharged. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 339C In a number of cases involving serious and grave offences advantages of section 339C Cr.P.C. were taken without any trial. The practical co......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ..Category: Procedural Law | Date: | Hits: 102
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......his Case is also Reported in: 55 DLR (HCD) (2003) 699. ......te, 1990 BLD (AD) 251. Lawyers Involved: Kazi Shahadat Hossain, with ASM Ahsan Kabir Chowdhury, Advocates-For the Appellant. ABM Waliur Rahman Khan with Shamima Ara Dora, Assistant Attorneys-General-For the State. Criminal Appeal No.966 of 1993. Judgment Md. Abdul Quddus J.-This ap..Category: Criminal Law | Date: | Hits: 93
....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
...... 55 DLR (HCD) (2003) 691.
......Ziaul Hoque, Advocates-For the Petitioners (In Writ Petition No.3439 of 2002).
Masood R Sobhan, Advocate-For the Petitioners (In Writ Petition No.3480 of 2002).
Fida M Kamal Additional Attorney-General with Nahid Mahtab, Assistant Attorney‑General, Mohammad Abdullah, Advocate-For the Respond..
Category: Fiscal/Taxation Law | Date: | Hits: 119
....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......nvolved:
M.A. Jabbar, Advocate - For addition of opposite parties.
Md. Nurul Amin with A.K.M. Shahidul Huq and Md. Aminul Ehsan, Advocate - For Petitioners.
Md. Abdullah, Assistant Attorney General - For Government opposite party.
Civil Revision No.2019 of 2006.
Judgment
AK Badr..
Category: Property Law | Date: | Hits: 82
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....ccused appellant misuses 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: 13 MLR (HCD) (2008) 152. ......ccused appellant misuses 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: 13 MLR (HCD) (2008) 152. ...... 2. Briefly, the facts the prosecution 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 ......……(5) Case Referred to- Manjurul Hoque @ Monju Vs. The State, 14 BLD 604. Lawyers Involved: Md. Abdur Razzaque, Advocate - For the appellant. Md. Mamunor Rashid, Assistant Attorney General - For the respondent. Criminal Appeal No.3038 of 2006. Judgment Khondker Musa Kha..Category: Criminal Law | Date: | Hits: 92
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