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Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)

....w pending in the 4th Court of Additional Chief Metropolitan Magistrate, Dhaka, should not quashed, so far it relates to the accused-petitioner, or any other order passed as to this Court may deem fit and proper. 2. By the said Rule issuing order all further of proceedings of the aforesaid case we......nding in the 4th Court of Additional Chief Metropolitan Magistrate, Dhaka, should not quashed, so far it relates to the accused-petitioner, or any other order passed as to this Court may deem fit and proper. 2. By the said Rule issuing order all further of proceedings of the aforesaid case were s..

Category: Criminal Law | Date: | Hits: 61

Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)

....rt High Court Division (Civil Revisional Jurisdiction) Present: SAK Md. Dabirus Shan J Jahangir Alam Chowdhury (Md.)……………………Petitioner Vs. Zabun Nahar Chowdhurani and other…………………….opposite Parties Judgment May 8, 2008. Result: Two Rul......ni on consideration of the evidence on records, documents, exhibits and other connected papers passed in the Judgment and decree in favour of the petitioner Dr. Md. Jahangir Alam which was absolutely proper and justified. The learned Senior Assistant Judge, Parshuram, Feni observed that the plaintif..

Category: Family Law | Date: | Hits: 167

Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)

....Reported in: 62 DLR (HCD) (2010) 309. ......the Penal Code. 15. In the face of arguments advanced by the learned Advocates of the contending parties, we are now called upon to scrutinise the material evidence on record in order to come to a proper decision in these appeals. 16. P.W.1, Md. Moslem Uddin is the Officer-in-Charge, Saraigach..

Category: Criminal Law | Date: | Hits: 116

Atahar and others Vs. State, 2007, 36 CLC (HCD)

.... This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......n defence version gets support from the prosecution witnesses and attending circumstances which may be sufficient for their acquittal. Defence may put to prosecution witness any suggestion they think proper and the accused may take any pleas including inconsistent pleas and for such inconsistent ple..

Category: Criminal Law | Date: | Hits: 66

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....s also Reported in: 63 DLR (HD) (2011) 71. ...... that a large portion of Bangladesh was within the vulnerable earthquake zone. 4. It is reported that in future there is possi­bility of occurrence of severe earthquake in Bangladesh. Till date, proper rescue arrangement is not available in our country. If an earthquake of higher magnitude occu..

Category: Constitutional Law | Date: | Hits: 211

Momena Khatun and oth­ers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)

....se is also Reported in: 63 DLR (HD) (2011) 66.......her members of his family are directors including Kazi Zahir Hussain, who was the Managing Director, having in need of money the Board of Directors of defendant No.1 on 3-10-1989 decided to sell suit property and expressed their desire to that effect, to which, Al-haj Mansur Rahman, predeces­sor of..

Category: Property Law | Date: | Hits: 78

Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)

....– Counter affidavit on behalf of the opposite party State filed in Court may be kept with the record. 2. This Rule was issued, at the instance of accused petitioner Tareq Shamsul Khan alias Himu and three others, calling upon the opposite party to show cause as to why the order, dated 6‑2‑2......Case No. 1 of 2003 arising out of Motijheel PS Case No. 39 (2) 01 and GR No. 411 of 2001, should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. Heard both sides at length and perused the record so placed before us. 3. Mr. Abdul Ba..

Category: Criminal Law | Date: | Hits: 71

Wazir Jahan Begum and another Vs. Government of Bangla­desh and others, 2003, 32 CLC (HCD)

.... also Reported in: 56 DLR (2004) 621.......s Case No. 20 of 1990 should not be declared to have been passed without lawful authority and is of no legal effect and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Heard the Learned Advocates and perused the application. Mr. Md. Tofazzal Hossain, the..

Category: Civil Law | Date: | Hits: 81

Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)

....004) 614.......iew of the above background and history of the case learned Court below should have exercised his discretion judicially under the provision of the section containing, unless for some reason he thinks proper to adjourn the hearing of the case to some other day and could have adjourned the case to a f..

Category: Procedural Law | Date: | Hits: 73

Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)

....he convict-petitioner, under section 561A of the Code of Criminal Procedure (the Code) the present rule has been issued calling upon the opposite parties to show cause as to why the impugned Judgment and order of conviction and sentence dated 14-1-2007 passed by Special Tribunal Judge, Special Tribu...... of Kotwali Police Station Case No.23 dated 14-10-2002, corresponding to GR No.482 of 2002, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The prosecution case, as has been initiated upon lodging a first information report (F..

Category: Criminal Law | Date: | Hits: 65

BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....also Reported in: 62 DLR (HCD) (2010) 284. ...... in accordance with the existing laws and rules; (d) To ensure compliance with the shipment procedures and container sealing as per rules and order; (e) To issue CRFS and NNRF after undertaking proper inspection (physical and otherwise) prior to shipment of the consignments to be exported as p..

Category: Fiscal/Taxation Law | Date: | Hits: 152

Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)

....t High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Abdul Khaleque Miah alias Khan Abdul Khaleque since deceased substituted by his heirs Mst. Sufia Begum and others………………...Petitioner Vs. Sheikh Amin Uddin, since deceased substituted by......eover, it is apparent from the plaint, deposition of P.W.1 and the legal notices that the plaintiff had tendered the balance consideration money and requested defendant No.1 to execute and register a proper sale deed. In view of the legal notices served under registered covers, it has been clearly p..

Category: Property Law | Date: | Hits: 99

Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)

....High Court Division (Criminal Revisional Jurisdiction) Present: Md. Rais Uddin J Md. Ruhul Quddus J Afruj Miah………………….......................Petitioner Vs. Jira Miah and another ……………….....Opposite Parties Judgment October 5, 2011. Result: Th......after the said Idris Ali died living behind his widow Hasena Banu, daughter Rupchand Bibi and six sons including the petitioner. The said heirs of Idris Ali made an amicable partition of his left out property and the land in 1st schedule fell in the share of Hasena Banu, Ayub Ali (another son of Idr..

Category: Property Law | Date: | Hits: 53

AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

....d J.- I agree. Ed. This Case is also Reported in: ......uit No.89 of 2003. The suit was instituted for declaration of title and perpetual injunction for restraining the Government-officials from disturbing the plaintiffs’ peaceful possession on the suit property and from transferring it to any other person. 2. Plaintiffs’ case, in brief, is that t..

Category: Property Law | Date: | Hits: 78

Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)

....A Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Govt. of Bangladesh & another.............. Appellants Vs. M/S Mashriqul Textiles and others.............. Respondents Judgment December 8, 1982. Result: The appeal is di......tion agreement be filed in the Court. There was a written contract between these parties under which the plaintiff agreed to supply to the Civil Supply Depot of the defendant some gunny bags, and for proper performance of the contract, furnished two Bank Guaran­tees. The delivery was to be complete..

Category: Alternative Dispute Resolution | Date: | Hits: 238

State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

.... (Criminal) Present: Md. Imman Ali J The State...........................Petitioner Vs. Md. Faisal Alam Ansari...........................Condemned Prisoner Md. Saiful Alam Ansari and another..........Absconding Convicts (Death Reference No.81 of 2003) With Md. Faisal Alam ......learned Judges hearing the appeal disagree, which need be referred to a third Judge and not the whole case. Collister, J. went on to state as follows:-“We have no doubt in our mind that this is the proper view to take of s.429, Criminal P.C., for it can never have been in the contemplation of the ..

Category: Criminal Law | Date: | Hits: 94

Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)

....t: Surendra Rumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.........Appellants (In all the appeals) Vs. Abdul Motaleb & others...................ered the law resisting the transfer which came into operation on 14-12-1948 and gave permission and approval to Lamio Matbar to transfer the same. Therefore, the Government now can not claim the suit property which was purchased by the plaintiffs and their predecessors. The High Court Division also ..

Category: Property Law | Date: | Hits: 67

Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)

....Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Government of the People's Republic of Bangladesh, Represented By the Secretary, Ministry of Women and Children Affairs, Bangladesh Secretariat and Others………Petitioners Vs. Nasirur Rahma...... the Project Director was taken over from him and therefore, he had no cause of action to file the writ petition, but the High Court Division failed to consider this factual aspect of the case in its proper perspective in passing the impugned judgment and order. He has lastly contended that the Mini..

Category: Employment/Service Law | Date: | Hits: 119

JMS Glass Industries Ltd. Vs. Customs, Excise and VAT Appellate Tribu­nal and others, 2011, 40 CLC (AD)

.... Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Mamtaz Uddin Ahmed J JMS Glass Industries Ltd............................................Petitioner Vs. Customs, Excise and VAT Appellate Tribu­nal and others...............Respondents Judgment November 17, 2011. ......isions of the VAT Act read with the Customs Act and considering the observations made by the High Court Division in the above mentioned writ petitions and interim Order passed in similar cases denied proper dispensation of justice to the petitioner by asking it to deposit VAT as per the VAT Act and ..

Category: Fiscal/Taxation Law | Date: | Hits: 130

Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)

....e Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Azmal Khan.........................................Appellant Vs. Md. Afzal Khan and others…………….........Respondent Judgment March 2, 2011. Result: The appeal ......rial Court allowing the prayers for amendment of the plead­ings in which the appellant wanted to introduce cer­tain facts which are not conformity with his earlier plea of ejmali nature of the suit property and (b) whether the defendant No.1 is competent to chal­lenge the said orders since the pl..

Category: Civil Law | Date: | Hits: 86