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Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......: Salma Masud Chowdhury J Md. Rezaul Hasan J Kartick Chandra Mandal & others............................Petitioner Vs. The State.....................Opposite party Judgment October 6, 2010. Result: The rule is discharged. Cases Referred to- Kohinoor Chemical Co.......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ..Category: Criminal Law | Date: | Hits: 143
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....2. A joint reading of the preamble and the sections quoted above plainly and clearly suggests that the law is made for realization of loan or credit facilities of any kind advanced to a person by the financial institutions. And the suit intended to be filed is against the borrower and other persons ......onal Artha Rin Adalat No.1, Dhaka against the plaintiff (hereinafter called as "the opposite party No.1") is illegal, irregular, collusive and not binding upon him and also declaring that irrevocable power of attorney, memorandum of deposit of title deeds as set forth in the schedule "Kha" in connec...... Vs. Mr. Md. Salauddin and others ..................................Plaintiff-opposite parties Judgment July 8, 2010. Result: The Rule is hereby made absolute. Cases Referred to- BSRS Vs. Rahman Textile Mills Ltd., 51 DLR (AD) 221; Manir Ahmed Khan Vs. Bazlu Mia (MA), 8 B...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ..Category: Civil Law | Date: | Hits: 141
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
.... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ......dated 16.3.87 came to the finding that with the coming into force of the Family Courts Ordinance, 1985 (Ordinance No. XVIII of 1985) with effect from 15th June, 1985. Magistrates were divested of the powers under section 488 CrPC to pass any order for maintenance as because the jurisdiction to enter...... Meher Negar……………………Petitioner Vs. Mojibur Rahman………………Opposite Party Judgment September 5, 1994. Result: The Rule is made absolute. Cases Referred to- Civil Revision No. 870 of 1991, (unreported decision); Abdul Khaleque (Md) Vs. Selina Begum a...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ..Category: Family Law | Date: | Hits: 215
Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15.......he detenu a representation was made by the petitioner which is on record. 8. In the instant case it would be absolutely clear that the detention of the detenu is a colourable exercise of statutory power and many of the grounds appearing in Annexure‑'E' appear to be vague, indefinite and unspeci......………Respondents Judgment November 30, 1994. Result: The Rule is made absolute. Lawyers Involved: Rokonuddin Mahmud, Advocate ‑ For the Petitioner. M Shamsul Alam, Deputy Attorney General - For the Respondents. Writ Petition No. 1898 of 1994. Judgment Mohammad Asa......ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15...Category: Criminal Law | Date: | Hits: 200
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......rt are nothing but provisions intended to secure the proper administration of justice, and it is therefore essential that they should be made to serve and be subordinate to that purpose, so that full powers of amendment must be enjoyed and should always be liberally exercised, but nonetheless no pow......………Petitioner Vs. Fouzia Chowdhury and others…………………………………Opposite Parties Judgment June 5, 1994. Result: The Rule is discharged. Cases Referred to- Charan Das Vs. Amir Khan, AIR 1921 (PC) 50; Radha Krishna Vs. Dwarka Das, 36 DLR (AD) 253; Ka......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10...Category: Property Law | Date: | Hits: 151
....inated during the pre‑liberation period. In such circumstances the Taxing authority considered that these liabilities originated during the accounting period ending on 31.12.71 corresponding to the financial year 1972‑73 and as such the Deputy Commissioner of Taxes has correctly brought to tax u......it appears that the liabilities were not paid within three years of their year of origin and hence liable to be added under section 10(2A) in total Taka 25,69,911.00 and it be done in exercise of the power under section 10(2A) (iii) of the Income Tax Act.
12. Before the Appellate Joint Commission......rt to the Appellate Tribunal, Chittagong.
There will be no order as to costs.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 6.
......ioner of Taxes.
Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong.
There will be no order as to costs.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 6.
..
Category: Fiscal/Taxation Law | Date: | Hits: 188
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......ought to be made out for the first time in this Court and we shall have to be slow in accepting such kind of suggestion without critically examining its propriety. 17. It is no doubt true that the power as envisaged in section 561-A of the Cr. P. C. is an extra ordinary power which is inherent in.................................Appellants Vs. The State.............................................Respondent Judgment June 30, 1977. Result: The appeal is dismissed. Cases Referred to- Balmukund Vs. Collector, Ahmednagar, A.I.R. 1935 Bombay 25; Zainul Abedin Vs. State, 9 DLR 64......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ..Category: Criminal Law | Date: | Hits: 115
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
.... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......condly, that having regard to the provisions of Order 14, rule 2 and Order 15, rule 3(1) of the Code of Civil Procedure, the learned Judges of the High Court did not rightly exercise their revisional powers in set-aside the order of the trial Court fixing the hearing on the question of maintainabi......……………………Petitioner Vs. Rajab Ali and others..................Respondents Judgment July 18, 1977. Result: The order of the High Court is set aside. Cases Referred to- Tara Kant Banerjee Vs. Puddo Money Dossee, (1865) 10 M.I.A. 476: 5 W R 63; Md. Sulaiman Vs. K...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ..Category: Civil Law | Date: | Hits: 111
....edure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communicate the order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60....... do not find any misreading or misappreciation of the materials on record. The concurrent finding of facts of the Courts below are not liable to be disturbed by the High Court Division in exercise of power under section 115(1) of the Code of Civil Procedure.
In view of foregoing narrative, the ap......, Kishoregonj, rejecting an application for temporary injunction in Other Class Suit No. 9 of 2009.
2. Material facts are that the plaintiff instituted the suit for declaration that he is entitled to get an order of extension of lease and retain possession of Daingaon Closed Fishery within Police......edure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communicate the order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60...
Category: Property Law | Date: | Hits: 73
Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)
....ion) is disposed of. 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: 15 BLC (HCD) (2010) 46. ......find any misreading or misappreciation of materials on record. The findings of Court of appeal below as a final Court of facts are not liable to be disturbed by the High Court Division in exercise of power under section 115(1) of the Code of Civil Procedure. Moreover, I do not find that opposite par...... Result: The Rule is discharged. Lawyers Involved: Md. Nurul Amin, Advocate - For the Petitioner. Md. Jamil Akhter Elahi, Advocate - For Opposite Party No. 1. Md. Jabber, Assistant Attorney General - For Opposite Party Nos. 2-3. Civil Revision No. 1029 of 2006 with Civil Rule No.......ion) is disposed of. 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: 15 BLC (HCD) (2010) 46. ..Category: Civil Law | Date: | Hits: 92
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....ng 2 separate affidavit-in-oppositions denying all the material allegations made in the petition. The case of respondent Nos. 1 and 2 are that the Bangladesh Bank collects credit information from all financial institutions and banks including respondent No. 3, Agrani Bank. The respondents further st...... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ......ndent No. 1. Zafarullah Chowdhury, Advocate - For Respondent No.3. Writ Petition No. 1763 of 1999. Judgment Farid Ahmed J. - This Rule Nisi was issued calling upon the respondent Nos. 1-3 to show cause as to why inclusion of the names of the petitioners in the CIB Report of Bangladesh Ba...... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ..Category: Civil Law | Date: | Hits: 121
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
....ection 32 of the Film Development Corporation Act, 1957. But the accused petitioners did not respond to the notice. So the aforesaid case was instituted alleging that the cheques were issued to cause financial loss, to harass and defraud the complainant and thus offences under sections 406/420 of th......ulated in the contract. 21. According to the complaint itself, the FDC after several notices, issued the final notice under section 32 of the Film Development Corporation Act, 1957. This section empowers the FDC to realise its dues as public demand in the certificate process under the Public Dema......mp; another……....Petitioners Vs. Bangladesh Film Development Corporation...........Opposite Parties Judgment April 23, 2009. Result: The Rule is made absolute. Cases Referred to- Sultan Ara Begum Vs. Secretary, 38 DLR 105, Dewan Obaidur Rahman Vs. State, 1999 BLD (AD) 128...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ..Category: Criminal Law | Date: | Hits: 95
....e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
......he Tribunal, even though at the end, the Award may either be unanimous or by a majority. However in no circumstances can it be inferred that by agreeing to an Award by the majority, the parties had empowered the Chairman to deliberate on the issues with only one member of the Tribunal to the exclusi.......
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
..
Category: Alternative Dispute Resolution | Date: | Hits: 385
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
.... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306.......ation and refer the informant to the Magistrate. Under section 155(2) no police officer shall investigate a non-cognizable case without the order of a Magistrate of the first or second class having power to try such case. Under the law, therefore, when the police has a report of a non-cognizable o......resent: Anwarul Hoque Chowdhury J Aroj Ali Sarder.........................Petitioner Vs. The State........................Opposite Party Judgment February 5, 1989. Cases Referred to- Jatindra Nath Vs. Manindra Nath and another, AIR 1950 Calcutta 330; Maijuddin Laskar Vs. Moul...... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306...Category: Criminal Law | Date: | Hits: 76
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......age. By way of controversion this argument of the learned Deputy Attorney-General the learned Advocate for the petitioner submits that the High Court even in its revisional jurisdiction has very wide power and is not prevented from examining the evidence to arrive at its own conclusion for the ends ......………………Accused Petitioner Vs. The State……………………………Opposite Party Judgment December 15, 1988. Result: The Rule is made absolute. Cases Referred to- Mazulla Vs. The State, PLD 1961 (Pesh) 7; Mrs. C.M. Samsul Vs. Mr. C.M. Samsul and the State......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ..Category: Criminal Law | Date: | Hits: 92
Mampower Ltd. Vs. Artha Rin Adalat No.2, Dhaka and another, 2011, 40 CLC (AD)
....tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ......ion (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Mampower Ltd…………………………………..Petitioner Vs. Artha Rin Adalat No.2, Dhaka ......d. Wahidullah, Advocate-on-Record- For the Petitioner. Yusuf Hossain Humayun, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.682 of 2011. (From the judgment and order dated 17.1.2011 passed by the High Court ......tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 112
Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)
....ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ......he date when the Bill of Entry was presented for assessment of customs duty. In that decision it has been noticed that tariff value is fixed by the Government according to the suggestions of the high powered committee. In that case it has been held as follows: “since in the instant case it appe......h Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J AK Badrul Huq J Khairul Bashar (Md.) and 8 others…………………………Petitioners Vs. Collector of Customs and others………………………Respondents Judgment July 13, 1997. Res......ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
.....697 of 1985 for a declaration that the order of termination dated 31-8-82 was illegal, void and without lawful authority and prayed for re-instatement to the service as Secretary of the BSC with all financial benefits. In that suit both the Ministry of Shipping and the Bangladesh Shipping Corporati......the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209.......As per order of this Court dated 29-7-97 the contemner-opposite party No.1 is present in Court in person. 2. This Rule for Contempt of Court was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the proceeding for contempt of Court should not be drawn up against them for......the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209...Category: Others | Date: | Hits: 142
....release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201.......rder of extension of the detention dated 18-8-96 is Annexure-C to this petition.
5. It is submitted that the order of detention is ex facie illegal, arbitrary, mala fide and colourable exercise of power by the detaining authority on the basis of no tangible materials to the utter detriment of the......lute.
Case Referred To-
Abdul Latif Mirza Vs. Government of Bangladesh, 31 DLR (AD) 1.
Lawyers Involved:
Dr. Rafiqur Rahman with Abdul Hamid, Advocates - For the Petitioner.
KS Nabi, Attorney-General, with AFM Shahid, Deputy Attorney-General - For the Respondents.
Writ Petition No.......release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201...
Category: Criminal Law | Date: | Hits: 76
....d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
......rised Officer” has been defined as “Authorised Officer” means a Magistrate of the First Class appointed by the Government, by notification in the Official Gazette, to exercise all or any of the powers of an Authorised Officer under this Ordinance.”
9. From sub-section (2) of section 5 of ......ional District Magistrate, Chittagong as an appellate authority under the Port Authorities Land and Buildings (Recovery of Possession) Ordinance, 1962 (Ordinance No. IX of 1962), hereinafter referred to as the Ordinance, on an application for review/setting aside the order dated 23-3-1991 made in Po......d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
..
Category: Property Law | Date: | Hits: 103
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