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Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....aque, Senior Advocate with Md. Khurshid Alam Khan, Advocate, instructed by Musfiqur Rahman Khan, Advocate-On-Record-For the Respondent No. 3 Not Represented-the Respondent No. 4. Civil Petition for Leave to Appeal No.10 of 2011. (From the judgment and order dated 29.09.2010 passed by the Hi...... (a), (b), (c), (d) and (e) of Section 6 of the Act. 18. The sole object of a repealing and amending Act is to get rid of certain provisions of obsolete matter and replacing the same by subsequent amendment of an Act, thereby abrogating the earlier provisions of the law, since right of repeal bei......he offences under the Money Laundering Ain, 2002 in the schedule when the entire Ain of 2002 has been incorporated in the schedule to the Act of 2004 which means inquiry, investigation, lodging of complaint and holding of trial of cases in respect of offences under the Ain of 2002 shall proceed unde..Category: Civil Law | Date: | Hits: 174
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....o register the deed of sale of the said property on the strength of the deed of agreement dated 13‑11‑1964 but without any result. After liberation of Bangladesh also the petitioner renewed her efforts to get the sale deed of the property registered firstly through the firm of chartered accounta......annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ......on 9‑31‑1986 (Annexure 1) directing her to hand over the vacant possession of the said property in his favour. It is alleged that the said letter never reached the petitioner. In the meantime the plaint of the suit was rejected as barred by law apparently under article 23 of the President's Orde..Category: Business or Commercial Law | Date: | Hits: 194
Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
.... 1993 reversing that dated 14‑3‑1993 passed by Subordinate Judge at Manikganj in Title Suit No. 1 of 1991 and dismissing the suit. 2. On 30‑1‑1991 the plaintiff instituted the Suit in the aforesaid Court of Subordinate Judge at Manikganj for declaration of her title in 2 decimals of land ......d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ......N 55. Lawyers involved: Md. Haroon‑ar Rashid, Advocate-For the Petitioner. Not represented- the Opposite Parties. Civil Revision No. 691 of 1997. Judgment Md. Abdur Rashid J.- The plaintiff obtained the Rule upon making a revision application under section 115(1) of the Code of C..Category: Property Law | Date: | Hits: 76
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
.... 1972 SC 711; SK Dey Vs. Officer-in-charge Sukchi PS, AIR 1974 SC 871; Natobar Parida and others Vs. State of Urishaw, AIR 1975 SC 1465; State of MP Vs. Mobarak Ali, AIR 1959 SC 707; Directorate of Enforcement Vs. Deepak Mahajan, AIR 1994 SC 1775 and Abhinandan Jha Vs. Dinesh Mishra, AIR 1968 SC 117......that the Magistrate can take further action as contemplated under subsection (2) of section 167. After the deletion of Chapter XVIII by Ordinance No. XLIX of 1978, we are of the view that necessary amendments should be made to sections 167, 344 and chapter XX of the Code in order to remove inconsi......t there is no infringement of the rights of a citizen to liberty except in accordance with law. The horizon of human rights is expanding. Crime rate, at the same time is also increasing. There are complaints about violation of human rights because of indiscriminate arrest of innocent persons by law ..Category: Criminal Law | Date: | Hits: 70
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....against an order dated 15-1‑2002 of Joint District Judge (in-Charge) and Artha Rin Adalat No.2 in Dhaka in Title Suit No. 95 of 1997, appointing a receiver of the suit property. 2. Short facts for disposal of the appeal is that respondent Nos. 1 to 4 as plaintiffs instituted the suit against ......der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ......(in-Charge) and Artha Rin Adalat No.2 in Dhaka in Title Suit No. 95 of 1997, appointing a receiver of the suit property. 2. Short facts for disposal of the appeal is that respondent Nos. 1 to 4 as plaintiffs instituted the suit against the appellants and another for declaration that deed of parti..Category: Property Law | Date: | Hits: 69
Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
....ting the plaintiff opposite‑parties to show cause why the order No. 78‑2000 passed by the Assistant Judge, Additional Court No. 1, Dhaka in Title Suit No. 146 of 2000 rejecting an application for return of the plaint should not be set aside and/or pass such other or further order or orders a...... did not commit any error of law, as such, the question of occasioning failure of justice does not arise. 10. The learned Advocate for the opposite party submits Further that in view of recent amendment of Order XX rule 5 of the Code of Civil Procedure and in view of the fact that in the inst......14 of 2000. Judgment Nazrul Islam Chowdhury J.- This Rule under section 115(1) of the Code of Civil Procedure, was issued at the instance of' the defendants as petitioners directing the plaintiff opposite‑parties to show cause why the order No. 78‑2000 passed by the Assistant J..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....Involved: Shamsuddin Babul with JBM Hassan, Advocates-For the Appellant. Md Abdul Baset, Assistant Attorney-General-For the State-Respondent. Farida Khan with Masuda Rehana Begum-For the Informant-Added-Respondent. Criminal Appeal No. 1687 of 1996. Judgment AK Badrul Huq J.- Crim......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......ose the matter to any other person on the apprehension of her daughter being blacklisted in the society. Accused persons endeavoured to administer medicine upon her daughter Ratna for miscarriage. Complaint was registered with Bangladesh Mahila Parishad in respect of crime committed by accused Shibu..Category: Criminal Law | Date: | Hits: 64
....appeal against the decree dated 12‑3‑2001 passed by the Subordinate Judge and Arbitration Court at Dhaka in Title Suit No. 3 of 2000, which dismissed the suit.
2. Plaintiff instituted the suit for a decree of declaration that memo dated 12‑10‑1994 canceling lease and that dated 29‑10‑......ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
......dated 12‑10‑1994 canceling lease and that dated 29‑10‑1994 granting lease of the suit plot in favour of defendant No.7 were both illegal, collusive, forged, mala fide and not binding upon the plaintiff.
3. Plaint case, in short, is that he got allotment of the suit plot measuring about 41..
Category: Property Law | Date: | Hits: 73
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....1) of the Code of Civil Procedure against an order dated 13‑7‑1999 passed by the Subordinate Judge and Artha Rin Adalat (In-charge) at Sylhet in Title Suit No. 46 of 1998, which rejected a prayer for an expert opinion. 2. Short facts for disposal of the Rule are that on 25‑9‑1991 opposite......e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ......at (In-charge) at Sylhet in Title Suit No. 46 of 1998, which rejected a prayer for an expert opinion. 2. Short facts for disposal of the Rule are that on 25‑9‑1991 opposite party Nos.1 to 4 as plaintiffs instituted Title Suit No. 62 of 1991 against defendant No.1 and others for declaration of..Category: Property Law | Date: | Hits: 61
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....resented a cross-appeal from same order. 3. On or about 29‑11‑2000, the owner made an application under section 7(aaa) of the (Emergency) Requisition of Property Act, 1948 (Act XIII of 1948) before the arbitrator for compensation of Taka 179,16,50,000 for acquisition of 11.575 acres of land. ......for the assessment of compensation for lands acquired either under section 93A of the Town Improvement Act, 1953 or under section 5 of the (Emergency) Requisition of Property Act, 1948 in view of the amendment of the former Act by Ordinance III of 1965, and the latter by Ordinance XIII of 1963 and b......hen the land was acquired there were running industries thereon and that there were 300/400 employees. 48. But the joint inventory prepared exhibit 41 against which Mr Rafiqul Islam has got no complaint does not support the case of the appellant. Besides, the appellant failed to adduce any evide..Category: Property Law | Date: | Hits: 77
M/S. OK International Vs. Commissioner of Customs & others, 2009, 38 CLC (AD)
....ing the Rule. 2. The facts of the cases are more less similar however the facts of the Writ Petition Nos. 511 of 1998 are as under:- The appellant, a firm, encouraged by the registration of his foreign supplier by the National Board of Revenue under Import Particulars Registration Scheme pursu......learned Counsel rightly argued that curative statutes are by their very nature intended to operate upon and affect past transactions and are therefore wholly retrospective but in the instant case the amendment of 4th of June, 1998 was to the notification No.42 and therefore this amendment cannot rel......sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122...Category: Fiscal/Taxation Law | Date: | Hits: 86
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....on under section 115 of the Code of Civil Procedure against order No. 13 dated 25‑11‑2001 passed by Subordinate Judge, Court No. 5 at Dhaka in Title Suit No. 31 of 2001, which rejected the prayer for stay of further proceedings of the suit. 2. Opposite party No.1, a firm engaged in exporting ......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ...... Judge, Court No. 5 at Dhaka in Title Suit No. 31 of 2001, which rejected the prayer for stay of further proceedings of the suit. 2. Opposite party No.1, a firm engaged in exporting jute goods, as plaintiff on 13‑5‑2001 instituted the suit against the petitioner, a statutory corporation, and ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
....le Suit No. 2 of 1959 in the Court of Assistant Judge, Nesarabad, District Pirojpur rejecting the petitioner's application under section 152 of the Code of Civil Procedure. 2. The learned Advocate for the petitioner, Mr. Chandi Charan Paul, being unable to be present in Court due to his illness, ......r correction under sections 152, 153 of the Code of Civil Procedure was opposed on two grounds, firstly, the very long delay and, secondly, that the Court is not competent to grant an application for amendment of the plaint schedule after disposal of the suit. Mr. Rajamanner, the Officiating Chief J......cordingly, allowed him to make submissions of behalf of the petitioners. 3. The brief facts relevant for the purpose of disposal of the instant Rule are that the predecessor of the petitioners, as plaintiff, instituted Title Suit No. 2 of 1959 in the Court of Munsif, 2nd Court, Pirojpur, now As..Category: Property Law | Date: | Hits: 61
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
...., being wife of the opposite party No.1 Idris Ali, instituted a complaint case alleging that during subsistence of marriage between them, the opposite party No.1 married one Aklima Akhter alias Mukta for the 2nd time without taking permission of the Chairman, Union Parishad and without knowledge of ...... for an appeal (1st appeal) to the High Court Division from the original order of acquittal arising out of a complaint case. In case of acquittal order passed by the Magistrate, appeal may now (after amendment) be preferred to the Court of Sessions even if it is a complainant case. So, the said prov......ther order passed as this court may seem fit and proper. 2. The relevant facts are that, the complainant‑petitioner Rezia Khatun, being wife of the opposite party No.1 Idris Ali, instituted a complaint case alleging that during subsistence of marriage between them, the opposite party No.1 marri..Category: Criminal Law | Date: | Hits: 39
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
...., Khulna to show cause as to why the order dated 2210‑2001 passed by the learned Additional Sessions Judge, 4th Court, Khulna and Special Judge in Special Case No. 13 of 2001 rejecting the prayer for withdrawal of the prosecution against the accused petitioner should not be set aside. 3. ......out aid of assessors or jury, and a person conducting prosecution before the Court of a Special Judge shall be deemed to be a Public Prosecutor." But under Ordinance III of 1987 as a result of amendment the provision in now as follows: "(1) The provisions of the Code of Criminal Proced......herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....nd Jail Appeal No. 817 of 2001. Judgment SK Sinha J.- This reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, 1st Court Khulna for confirmation of sentence of death awarded to the condemned prisoners Ershad Ali Sikder, Faruk Ja......ence Act, 1898, the accused was allowed to give evidence. Similar provisions were provided in our Code and the right was conferred by Ordinance No. XLIX of 1978 with effect from 1‑6-1979. By this amendment, sub‑section (3) to section 340 of the Code has been added which reads as follows: "(......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..Category: Criminal Law | Date: | Hits: 110
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....Neki, AIR 1922 P.C.112. Lawyers Involved: Awlad Ali, Senior Advocate, instructed Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 383 of 2009. (From the judgment and order dated 28.7.2008 passed by the H......ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......hwarganj. 2. Respondent No.1 instituted the above suit for declaration of title in the suit land and recovery of khas possession in respect of .26 acres of land described in schedule ' Kha' to the plaint and for declaring that the deed of exchange dated 21st January, 1991 is illegal and void. Acc..Category: Property Law | Date: | Hits: 48
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....ent. Criminal Miscellaneous Case No. 2786 of 1995. Judgment SK Sinha J.- Points involved in this Rule are, whether a Magistrate can initiate a proceeding under section 188 of the Penal Code for alleged violation of his order without making a formal complaint and that whether a revision pet...... invested with the powers under section 439A of the Code of Criminal Procedure. The learned Sessions Judge was totally confused of the scope and application of section 438 of the Code. Even after the amendment of the Code of Criminal Procedure by Ordinance No. XLIX of 1978 empowering Sessions Judges......ment SK Sinha J.- Points involved in this Rule are, whether a Magistrate can initiate a proceeding under section 188 of the Penal Code for alleged violation of his order without making a formal complaint and that whether a revision petition under section 438 of the Code of Criminal Procedure agai..Category: Criminal Law | Date: | Hits: 57
Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)
....4 DLR (AD) 237. Lawyers Involved: A.J. Mohammad Ali, Senior Advocate instructed by Aftab Hossain, Advocate-on-Record- For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 885 of 2005. Judgment MM Ruhul Amin J. - This petition for leave to ap...... In the case of Abu Bakkar Vs. Nazir Ahmed reported in 34 DLR (AD) 237, it was held that, "Section 95 has been amended by the President's Order No. 88 of 1972 with effect from 3 August 1972, but this amendment did not touch the period of a usufructuary mortgage which is still 7 years, nor did it aff......r leave to appeal is directed against the judgment and order dated 13.06.2005 passed by a Single Bench of the High Court Division in Civil Revision No.5930 of 2000 making the Rule absolute. 2. The plaintiffs instituted Title Suit No.112 of 1994 in the First Court of the Assistant Judge, Dhaka for..Category: Property Law | Date: | Hits: 60
Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)
....s. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133....... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133....... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133...Category: Employment/Service Law | Date: | Hits: 78
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