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Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)

.... the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ......t day an application was filed on behalf of the accused‑appellant praying for copies of the statements of witnesses, under section 161 CrPC and also a copy of the experts report and prayed for some time before framing the charge, but the prayer was rejected and the charge was framed against the ac......ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ......ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ..

Category: Criminal Law | Date: | Hits: 110

Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)

....in J Doon Valley Rice Limited ..........................Plaintiff Vs. MV Yue Yang and others………………………..Defendants Judgment July 30, 1996. Result: The applications are rejected. If the Managing Director of the company has no power under the Articles of ......t. But the Court will be reluctant to allow such amendment which would have the effect of totally altering the nature of the suit or would take away a legal right accrued to the defendant by lapse of time. ………………………………………….(30) In an action in rem under Admiralty J...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 258

State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)

.... Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ...... the presiding Judge producing certain papers relating to the pro­ceeding of the Court martial which took place against the five taskforce security officials engaged on security duty at the relevant time at Zia International Airport. 3. The facts, in brief, are that on 14-4-2008 one Barrister Re......e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is dis­posed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ......offi­cials, who took him to their office for questioning. The report further states that it became apparent on the following day that the taskforce personnel had assaulted Mr. Hossain and one of his arms was bro­ken. Mr. Hossain was released after a written state­ment was taken from him by the ta..

Category: Others | Date: | Hits: 87

Rakibuddin Talukder Vs. Government of Bangla­desh and others, 2009, 38 CLC (HCD)

....ry 27, 2009. Result: The Rule is discharged. Cases Referred to- Amirunnessa Vs. Abdul Mannan Howlader, 17 BLD 251 = 1 BLC 183; Hriday Ranjan Dey Vs. Niranjan Dey being dead his heirs- Probate Dey, 6 MLR (AD) 267 = 54 DLR (AD) 16; Dudu Mia being dead his heirs: 1(a) Md. Moyezuddin Vs. Ekr......em, Advocate, and the petitioner seeks to impeach the impugned Judgment and decree on the three-fold arguments. Firstly, the possession even under mis­taken or invalid title for sufficient length of time and continuity gives the holder a good title. In support of his contentions the learned Counsel....... Office is directed to send down the records of this case at once with a copy of Judgment for infor­mation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ....... Office is directed to send down the records of this case at once with a copy of Judgment for infor­mation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ..

Category: Property Law | Date: | Hits: 76

Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)

....8) 303. ......ala near "Malgudam" to the north of Kishoreganj Railway Station two persons asked them at what price the ox was sold. In reply the informant enquired about them as they were not known to him. At that time one of those two persons pointing a Razor to the chest of Humayun Kabir demanded him to give hi...... prosecution miserably failed to prove that the accused appellant Shahid was caught red handed at the place of occurrence in connection with the instant case. The prosecution also failed to prove any recovery from accused appellant Shahid. 19. On a careful scrutiny of the evidence of the prosecut......lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ..

Category: Criminal Law | Date: | Hits: 83

Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)

....urt High Court Division (Criminal) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J Md. Arman Hossain (Chairman)………………………………..Petitioner Vs. The State…………………………………Opposite Party Judgment August 22, 2010. Result:......n of accused No.2 and thereafter the goods were shifted to the godown of accused No.3 and some of the goods were sold by the accuseds at various places. The complainant requested the accuseds several times for payment of the outstanding dues. The also met the accuseds No.1 and 2 at their address whe...... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ...... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ..

Category: Criminal Law | Date: | Hits: 116

Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)

....e Court High Court Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Naima Haider J Ahmed Akbar Sobhan…………………………Petitioner Vs. State………………………….Opposite Party Judgment June 22, 2011. Result: The Rul......ribunal for convicting the convict-petitioner merely relied on the fact that the accused Nos.2 to 5 failed to show valid documents for keeping the said foreign cur­rencies under their custody at the time of search and seizure without adverting to the documentary evi­dence but Exhibit Nos.9, 10 and......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ..

Category: Criminal Law | Date: | Hits: 109

Osarunnessa Vs. Bangladesh and others, 2012, 41 CLC (HCD)

......Petitioner Vs. Bangladesh and others………………………Respondents Judgment March 12, 2012. Result: The Rule is made absolute. Lawyers Involved: Harunur Rashid, Advocate - For the Petitioner. None appears - For Respondents.  Writ Petition No.4038 of 2011......s. However, Mr. SM Moniruzzaman, the learned Counsel candidly submits that the law is very much clear on this issue and the petitioner on that score cannot be put to Civil imprisonment for the second time. 7. Heard the learned Counsels for both sides and considered their submissions. Section 34(1......o various reasons failed to adjust dues of the Bank. Respondent No.3 Manager, Janata Bank, Local Office, Dilkusha, Dhaka on 29-4-2003 filed a suit before the learned Artha Rin Adalat No.1, Dhaka, for recovery of money inclusive interest amounting to Tk. 14,05,888/- and the said suit was registered a......ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ..

Category: Civil Law | Date: | Hits: 134

Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Asaduzzaman J Abdul Khaleque Shah……………………………….Petitioner Vs. Administrator of Waqfs and others…………………………………..Respondents Judgment December......e allegations made in application filed for removal o the petitioner from the office of the Mutwalli. On receipt of the show cause notice petitioner appeared before the respondent No.1 and prayed for time and thereupon one month's time from 28‑11‑1989 was allowed, that on 25‑11‑1989 responde...... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ...... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ..

Category: Trust/Waqf Law | Date: | Hits: 85

SM Siddiqur Rahman, Advocate Vs. Anti-Corruption Commi­ssion and others, 2011, 40 CLC (HCD)

....s Case is also Reported in: 64 DLR (HCD) (2012) 112. ......ction challenging any action of the respondent or order in connection with the criminal case. Accordingly, she contends that, since admit­tedly the petitioner has been a fugitive from justice at the time the Rule was issued is barred from seek­ing any protection of law. Accordingly, she submits th......he Rule, for, the petitioner is a fugitive from justice. In the result, the Rule is discharged. There will be no order as to cost. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 112. ......he Rule, for, the petitioner is a fugitive from justice. In the result, the Rule is discharged. There will be no order as to cost. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 112. ..

Category: Procedural Law | Date: | Hits: 104

Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)

.... Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ......ollowing cases: (a) Where it does not disclose a cause of action; (b) Where the relief claimed is underval­ued and the plaintiff on being required by the Court to correct the valuable within a time to be fixed by the Court fails to do so; (c) Where the relief claimed is properly valued but...... pos­sible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ...... pos­sible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ..

Category: Procedural Law | Date: | Hits: 94

Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

.... 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ......nt of the allowance for the following year or, if no allowance is admissible for such following year, shall be deemed to be allowance admissible for such year and so on for succeeding years till such time as the entire allowance on this account is adjusted against the profits." (underlined to giv......ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ......ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ..

Category: Fiscal/Taxation Law | Date: | Hits: 107

Ful Mia Vs. State, 2004, 33 CLC (HCD)

....MLR (HCD) (2008) 31. ......enied that he was not present at the place of occurrence and he was deposing falsely. 16. P.W.3 Md. Habibur Rahman deposed that on 10.5.1996 at 3.00/4.00 a.m. he was sleeping in his house. At that time a gang of outlaw of Badal Bahini entered into his house and confined them in a room along with ......ir testimony should not be jettisoned…………………………………(28) Evidence of police personnel When there is consistent and uniform evidence of the police personnel in respect of recovery of the arms from the exclusive control and possession of the accused and in absence of evid......uld not be jettisoned…………………………………(28) Evidence of police personnel When there is consistent and uniform evidence of the police personnel in respect of recovery of the arms from the exclusive control and possession of the accused and in absence of evidence of personal..

Category: Criminal Law | Date: | Hits: 79

Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....uisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982), section 3 The law of acquisition gives the Deputy Commissioner the power to acquire property in the likelihood of two situations. First, if the property is needed. Or, if the property is likely to be needed, but while acqu....... JPRA RA/LA/524 dated 5-10-1999, an estimate of Taka 1,39,39,180.75 as price of 7.7475 acres of land was sent to the requiring body i.e. Commis­sioner, Customs, Excise and VAT, Rajshahi. In the meantime, National Board of Revenue sent their administrative approval for expenditure, sanctioning the ......er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ......er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ..

Category: Property Law | Date: | Hits: 62

Abul Hasnat Bepari Vs. Md. Hasan Ali, 1987, 16 CLC (HCD)

....ase is also Reported in:39 DLR (HCD) (1987) 375. ...... Although Tk. 3,89,743/- was paid to the owners of the other fisheries, the accused petitioner did not pay any amount to the complainant opposite party. It is alleged that the accused petitioner took time again and again for payment of the dues of the compla­inant but at last refused to pay him any......dients of any offence punishable under sections 406/417 and 420 of the Penal Code. He submits that if the opposite party is to get any amount from the petitioner, the former can file a civil suit for recovery of the dues. He further submits that since there was no entrustment of any property with th......ings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistrate, Taherpur is quashed. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 375. ..

Category: Civil Law | Date: | Hits: 144

Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)

....4 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ......it No.464 of 1985 has been filed for declaration of title and recovery of khas possession. 3. What is important to note there is that the defendants did not contest the suit. After a long lapse of time, the learned Sub-ordinate Judge by the judgment and order dated 25-10-1995 decreed the suit ex-......tle Suit No.228 of 1979 in the First Court of the then Sub-ordinate Judge, Dhaka, renumbered as Title Suit No.464 of 1985 in the Second Court of Sub-ordinate Judge, Dhaka for declaration of title and recovery of khas possession. Their case, in short, is that the suit land mentioned in the schedule-A......ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ..

Category: Property Law | Date: | Hits: 104

Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)

....ay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ......nk, if he has any reason to believe that an offence under this Ain has been or is being committed or is likely to be committed in any place, he may, after recording the reason for such belief, at any time, enter into the premises and search and also seize any Madok Drabya or articles used in commiss....... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ....... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ..

Category: Criminal Law | Date: | Hits: 90

Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)

....nicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ......so shows that the decree was for Taka 16,60,23053. 17. It is admitted proposition that Mahbub Hossain Khan, the husband of the petitioner, is Judgment-debtor No.2, It is further admitted that some time after filing and registration of the execution case, that Bank on 12-8-2003 filed an applicatio......ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ......ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ..

Category: Civil Law | Date: | Hits: 136

Hotel Zakaria International (Pvt.) Ltd. Vs. National Board of Revenue (NBR) and others, 2010, 39 CLC (HCD)

....is also Reported in: 30 BLD (HCD) (2010) 388. ......Act delivered his judgment and decided that the petitioner on different counts evaded VAT amounting to Tk. 49,90,913/-and accordingly ordered the same to be paid by the impugned order and at the same time imposed supplementary duty Tk.38,09,824/- under section 37 (2) of the VAT Act. The procedure by......However, the petitioner will be at liberty to give reply under section 55 of VAT Act as per notice dated 15th July, 2007(Annexure-B). Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 388. ......However, the petitioner will be at liberty to give reply under section 55 of VAT Act as per notice dated 15th July, 2007(Annexure-B). Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 388. ..

Category: Fiscal/Taxation Law | Date: | Hits: 107

Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)

.... Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ......by a Court having no jurisdiction to try the case, is a nullity" . It appears in that case the plaintiff filed a suit under Section-9 of the Specific Relief Act for recovery of possession and at that time the village Court had exclusive jurisdiction for such kind of matters. In the said judgment his......r, as plaintiff, instituted Title Suit No.25 of 1998 under Section 9 of the Specific Relief Act in the Court of Senior Assistant Judge, Madhukhali, Faridpur against the defendant (Opposite Party) for recovery of possession by evicting the defendant in respect of 5 decimals of land morefully describe......ntained. The order of injunction at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ..

Category: Civil Law | Date: | Hits: 114