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Babul Robin de' Rozario Vs. Elizabeth R Das another, 2014, 43 CLC (AD)
.... below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ......, Advocate, instructed by Clioivdhury Md. Zaliangir, Advocate-on-Record—For the Respondent No. 1. Md. Shamsul Alam, Advocate-on-Record—For the Respondent No.2. Criminal Petition for Leave to Appeal No. 442 of 2012. (From the Judgment and order dated 22-1-2012 passed by the...... below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ...... to acquittal to one of conviction. High Court Division has exceeded its revisional power by restoring the conviction on setting aside the order of acquittal to one of conviction........(5) Lawyers Involved: Md. Khiirslud Alam Khan, Advocate, instructed by Md. Znlnnil Islam, Advocate-..Category: Criminal Law | Date: | Hits: 5
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4. ......ajee Azizur Rahman filed a petition of complaint in the Court of the Upazilla Magistrate, Fatikchari, Chittagong alleging that on 16.12.82 the accused petitioners being armed with deadly weapons formed an unlawful assembly along with other unknown persons, criminally trespassed into t......the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4. ...... Result: The Rule is discharged. Cases Referred to- Abu Taher and others Vs. Mst. Razia Begum and another, 37 DLR 18; Abdul Kader Choudhury & ors. Vs. The State, 28 DLR 38 AD. Lawyers Involved Mokbul Ahmed— For the Petitioner. M. Abu Salek Chowdhury with Abdul..Category: Criminal Law | Date: | Hits: 1
Mohammad Ali Vs. Sukur Ali (The State) & others, 1985, 14 CLC (HCD)
....sions 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. ......gh Court Division (Dhaka Bench) (Criminal Revisional Jurisdiction) Present: A.T.M. Afzal J Latifur Rahman J Mohammad Ali........................................Informant Petitioner Vs. Sukur Ali (The State) & others......................Opposi......sions 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. .........Informant Petitioner Vs. Sukur Ali (The State) & others......................Opposite-Parties Judgment December 3, 1985. Result: The Rule is discharged. Lawyers Involved Mahbubur Rahman, with Sharifuddin Chaklader— For the Petitioner. Ab..Category: Criminal Law | Date: | Hits: 1
....y order as to cost.
The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 103.
......s giving rise to this Rule may briefly be put thus: Kafiran Nessa, an old lady of 80 years and pardanashin, as plaintiff instituted a suit being OC Suit No.148 of 1984 in the Court of Munsif, Sapahar for declaration that Hiba‑bill‑Ewaj deed No.5223/83 dated 7.7.83 of Sapahar Sub‑Registry Offic......y order as to cost.
The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 103.
......ischarged.
Cases Referred to-
Rokeya Khatun Vs. Alijan Bepari and others, BLD 1982 (AD) 139; 33 DLR (AD) 1; Siddique Ahmed Chowdhury and other Vs. Gani Ahmed and others, 33 DLR (AD) 1.
Lawyers Involved:
Md. Asaduzzaman, Advocate‑For the Petitioner.
Md. Abdul Momin Talukdar..
Category: Evidence Law | Date: | Hits: 7
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ...... allowed and the Rule was made absolute, the respondents served another order of detention as he was coming out of the jail gate. It is contended that since 1974 the detenu was in detention and, therefore, the detention order under the Emergency Powers Rules lacks its basis because he was incapable ......at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ......C) 3341; Makhan Singh Tarasikka Vs. The State of Punjab, in A.L.R. 1964 (SC), 1120; Golam Jillani in 19 D.L.R. (SC), 403, Baqui Baluch, in 20 D.L.R. (SC);Begum Abdul Karim, in 21 D.L.R. (SC), 1. Lawyers Involved: S. S. Haider with A. Y. Mosihuzzaman —For the petitioner. Anwarul ..Category: Criminal Law | Date: | Hits: 1
Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......ent A.T.M. Masud J. –This Rule was Issued calling upon the Deputy Commissioner, Chittagong and opposite party No. 1 to show cause why the proceeding in C.R. Case No. 2139 of 1977 pending before the Sub-Divisional Magistrate, Sadar (North) Chittagong should not be quashed. 2. Opposite...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......er…............Opposite-Parties Judgment July 25, 1978. Result: The Rule is made absolute. Case Referred To- AIR 1951 Calcutta 206 and 13 Cr.L.J. (F.B.) 1988 Lawyers Involved: A.K.M. Mozammel Haque Bhuiyan with Rabia Bhuiyan—For the Petitioners. ..Category: Criminal Law | Date: | Hits: 1
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ....................Respondent Judgment December 15, 2003. Result: The application is rejected. Order passed by the Joint District Judge, even in appeal, is not open to challenge before the High Court Division, under sub‑section 1 of section 115 of the Code. Sub‑section 1......ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ...... Vs. Government of Bangladesh, 2002 BLD 236; Narayana Swami Vs. Emperor, AIR 1939 PC 47; Gurdial Singh Vs. Central Board, 9 ILR (1928) 689; Vickers, sons of Maxim Limited Vs. Evans, 1910 AC 444. Lawyers Involved: Gobinda Chandra Tagore, Advocate‑ For the Petitioner. Not represented-..Category: Civil Law | Date: | Hits: 2
Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)
....hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......-For the Petitioner. Nurul Amin and Sakila Rowshan-For the Opposite Parties. Civil Revision No.325 of 1998. Judgment Quamrul Islam Siddiqui J.-This Rule was issued on an application for revision made by the defendant-petitioner under section 115(1) of the Code of Civil Procedure (t......hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......s Judgment March 20, 2006. Result: The Rule is made absolute. Case Referred to- Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 44 DLR (AD) 260. Lawyers Involved: Abul Kalam Moinuddin-For the Petitioner. Nurul Amin and Sakila Rowshan..Category: Procedural Law | Date: | Hits: 31
Md. Khalil Ullah and others Vs. Artha Rin Adalat and others, 2010, 39 CLC (HCD)
....decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ......stafa Jaman Islam, Deputy Attorney-General - For the Respondent. Writ Petition No.5536 of 2009. Order Md. Mamtaz Uddin Ahmed J.- Supplementary affidavit filed on behalf of the petitioners do form part of the main application. This is an application under Article 102 of the Constitution of t......decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ......€¦â€¦â€¦.Petitioner Vs. Artha Rin Adalat, 1st Court, Dhaka and others………………………..Respondents Judgment January 21, 2010. Result: The writ petition is disposed of. Lawyers Involved: S. N. Goswami, Advocate - For the Petitioner. Mustafa Jaman Islam, Deputy A..Category: Civil Law | Date: | Hits: 37
Md. Kobbat Ail Sikder Vs. Dayal Chandra Biswas and others, 2010, 39 CLC (HCD)
....ow affirming those of passed by the trial Court is hereby upheld. The order of stay passed earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 305. ......er. 2. The opposite parties as plaintiffs instituted Title Suit No.193 of 1974 in the Court of Munsif, Sadar Court, Gopalganj against Md. Ruhul Amin Molla and this petitioner as defendants praying for decree of declaration of title and recovery of Khas possession for the suit land described in th......ow affirming those of passed by the trial Court is hereby upheld. The order of stay passed earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 305. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Parties Judgment July 11, 2010. Result: The Rule is discharged. Case Referred to- Safaruddin and others Vs. Fazlul Haque, 49 DLR (AD) 51. Lawyers Involved: None appears -For the Petitioner. S.N. Goswami, Advocate - For the Opposite ..Category: Procedural Law | Date: | Hits: 28
Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ......nsed under the Trade Organization Ordinance 1961, (Ordinance No.XLV of 1961) to function as a Trade Organization of the sector printing and packaging Industry. The Chairman of the executive Committee for the year 2007-2009 made a prayer to the director, Trade Organization, Ministry of Commerce, the ......ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ......ondents Judgment April 15, 2010. Result: The Rule is discharged. Cases Referred to- Ridge Vs. Baldwin, 1864 AC 40; Farid Sons Ltd. Vs. Pakistan, 13 DLR Supreme Court page 233. Lawyers Involved: Dr. M. Zahir, senior Advocate with Md. Immam Hasan - For the Petitioner. ..Category: Business or Commercial Law | Date: | Hits: 72
Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)
.... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ...... Judge (now Joint District Judge) 2nd Court, Chittagong in Money Suit No. 6 of 1980, (re-numbered as Money Suit No. 603 of 1984) decreeing the suit against the defendant appellants. 2. Short facts for disposal of the appeal are that the plaintiff is a Limited Company and carries on the business o...... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ......€¦â€¦.. Respondent Judgment February 11, 2009. Result: The appeal is allowed without any order as to cost. Cases Referred to- 9 BLC 218; 11 BLC 83; 5 BLC 579; 1990 BCR 194. Lawyers Involved: Md. Ohiullah, Advocate — For the Appellant. Momtazuddin Ahmed with S..Category: Admiralty Law or Maritime Law | Date: | Hits: 69
Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)
....ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ......uance of the Rule, in short is that the petitioner company is engaged in hotel and tourism business. The Respondent No.2 Customs Excise and VAT Commissionerate, Sylhet issued a notice claiming demand for the period of July, 2006 charging 15% VAT on the servÂice rendered by the petitioner in the bus......ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ......€¦â€¦â€¦â€¦â€¦â€¦..Petitioner Vs. Customs Excise and VAT Appellate Tribunal and others…………………Respondents Judgment January 31, 2011. Result: The Rule is discharged. Lawyers Involved: AFM Hasan Arif, Senior Advocate with Md. Shamsul Islam and Zakir Hossain Munshi..Category: Fiscal/Taxation Law | Date: | Hits: 40
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ......riminal Miscellaneous Case No.5566 of 2007. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application filed by the petitioner under section 561A of the Code of Criminal Procedure for quashing the Judgment and order dated 24-1-2007 passed by the learned Judge, Special Tribunal No......not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ......, 1984 (AD) 193 = 37 DLR (AD) 139; State Vs. Lalu Miah, 1987 BLD (AD) 212 = 39 DLR (AD) 117; Ghulam Muhammad Vs. Muzammel Khan, PLD 1967 SC 317 = 19 DLR (SC) 439; Sher Ali Vs. State, 46 DLR AD 67. Lawyers Involved: Khurshid Alam Khan with Das Tapan Kumar - For the Petitioner. Rona Nah..Category: Criminal Law | Date: | Hits: 36
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....om 2004 to 2009 by the Government itself. With these observations, this Rule is disÂposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ......e as to why the classiÂfication/inclusion of the services rendered by the members of the petitioner No.1 under the Service Code No.S.014 purportedly in pursuance of section 3(5) of the VAT Act, 1991 for charging and realizaÂtion of VAT and why the SRO No.202 dated 10-6-2010 issued by the responden......om 2004 to 2009 by the Government itself. With these observations, this Rule is disÂposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ......sociation and another.............Petitioners Vs. Bangladesh and others................Respondents Judgment April 10, 2012. Result: The Rule is disÂposed of with observations. Lawyers Involved: AF Hasan Arif, Senior Advocate with Razik-al-Jalil, Advocate - For Petitioners...Category: Fiscal/Taxation Law | Date: | Hits: 51
Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)
....ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, howÂever without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ......sore passed in Title Suit No.839/78 on 16.1.79 should not be set aside. 2. Facts, in short, are that the plaintiffs petitioners filed Title Suit No.839/78 in the Court of 2nd Court Munsif, Jessore for a deÂclaration to the effect that the suit land where, a cattle market sits once in a week is n......ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, howÂever without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ...... Prov. of E. Pak. Vs. The Secretary Muktagacha Abbasia Senior Madrasa, 16 DLR (SC) page 281; Prov. of E. Pakistan Vs. Md. Shahabuddin Gazi and others, 25 DLR page 284; 25 DLR at pages 248 and 476. Lawyers Involved: Syed Shamsur Rahman - For the Petitioner. M.A. Wahab, Assistant Attorn..Category: Property Law | Date: | Hits: 19
.... I do not find any error of law or of procedure in the Judgment.
This appeal is accordingly dismissed without any order as to cost.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 295.
...... by the defendants is directed against the Judgment and decree passed by the learned Additional District Judge, Comilla (Tripura) affirming those of the learned SubÂordinate Judge, Comilla in a suit for partition.
2. Plaintiffs have alleged that the suit properties belonged to Arman Mir and Jami...... I do not find any error of law or of procedure in the Judgment.
This appeal is accordingly dismissed without any order as to cost.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 295.
......s Sobhan Mir & others…………………Respondent
Judgment
March 30, 1983.
Result:
This appeal is dismissed.
Cases Referred to-
17 DLR (SC) 398; 14 DLR 725; 27 DLR 589.
Lawyers Involved:
Shehabullah with Moqbul Ahmed - For the appellants.
A.KM. Shafiqur Rah..
Category: Procedural Law | Date: | Hits: 25
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ......Ali J.- This Rule nisi was issued calling upon the Respondents to show cause as to why order dated 17.05.2006 passed by the First Court of Settlement, Dhaka in Case No.362 of 1989 dismissing the case for non prosecution should not be declared to have been made without lawful authority and is of no l......es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ......d others, 52 DLR 456; Chand Miah Talukder Vs. Chairman, Court of Settlement, Bangladesh Abandoned Building, Segunbagicha, Dhaka and others, 45 DLR 304; Bangladesh Vs. Feroz Ahmed, 1 BLC (AD) 149. Lawyers Involved: M. I. Farooqui, with Md. Ruhul Quddus and Md. Zahid Imam, Advocates - For the P..Category: Procedural Law | Date: | Hits: 24
.... system of the concerned area intact and that no other Ministry shall have any say in this regard.
There is no order as to costs.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 185.
......irections should not be given upon them to initiate legal measures against such unauthorized and illegal operation of excavators by the unscrupulous traders and also to realize compensation from them for causing damages to those rivers and the people living in the surrounding areas.
2. The facts ...... system of the concerned area intact and that no other Ministry shall have any say in this regard.
There is no order as to costs.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 185.
......ted in: 30 BLD (HCD) (2010) 185.
..
Category: Environmental Law | Date: | Hits: 362
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ...... injury and balance of convenience and inconvenience must be in favour of the applicant. The element of prima-facie case, irreparable loss and balance of convenience and inconvenience must co-exist before granting injunction and if any one of these elements are missing, it disentitles the applicant ......or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......ot substantiate his claim by any evidence of any nature whatsoever during the hearing of temporary injunction matter, then it cannot be said she has a prima facie arguable case……………(11) Lawyers Involved: Md. Abdul Quayum with Md. Sk. Sharifuddin Advocate - For the petitioner. Mo..Category: Procedural Law | Date: | Hits: 26
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