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Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
.... Jurisdiction) Present: Fazle Hussain MohamÂmad Habibur Rahman J Md. Abdul Jalil J Sakya Pada Barua & others…………………………………………Petitioner Vs. The State and others……………………………………Opposite Party Judgment January 12, 19......on an application for leave was filed by informant Dr. Mriganka Ranjan Barua and leave was granted and the appeal was numbered in the Appellate Division as CrimiÂnal Appeal No.13 of 1981. In the meantime by the Proclamation of 24th March, 1982 it was provided that all proceedings arising but of and......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ..Category: Criminal Law | Date: | Hits: 103
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ...... the material evidence on record in order to come to a proper decision in this appeal. 15. There is no denying of the fact that the deceased Mostafizur Rahman Milu was murdered by sharp weapon sometime in the night following 13.12.1996 and his dead body was found in the morning of 14.12.1996 on t......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ..Category: Criminal Law | Date: | Hits: 74
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....another……………………..Petitioner Vs. Bangladesh and others…………….........Respondents Judgment September 5, 2010. Result: The Rules are made absolute with observation and direction. The Constitution of Bangladesh, 1972; Articles 31 and 102 Article 31 of t......uaranteed by Articles 27, 31, 40 and 42 of the Constitution, and why the respondent Nos.1 and 2 should not be directed to declare by notification in the Official Gazette within a stipulated period of time that the LA Case No.12/1996-97, in so far as it relates to the petitioners property pertaining ......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ..Category: Civil Law | Date: | Hits: 170
Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
....Court Division (Criminal Miscellaneous Jurisdiction) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J Nayeem Mehtab Chowdhury………………………….Petitioner Vs. State………………………….Opposite Party Judgment March 2, 2010. Result: The r......urt have become final and conclusive. 7. Thereafter the complainant, represented by his attorney Sharifuddin, filed a 'naraji petition' (protest petition) on 15-8-2007, well within 30(thirty) days time from 1-8-2007, that is the date of the judgment and order passed in Criminal Revision No.409 of...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ..Category: Criminal Law | Date: | Hits: 124
Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
..... ......ent Steamship Company Limited Vs. Member (Appeal & Revision) Ministry of Finance, Government of Bangladesh, reported in 2 MLR (AD) 302 having bearing on the point wherein it has been held that no time limit has been provided for adjudication in respect of penalty under the Customs Act (in the sa......t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ......t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....n (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Shitalakhaya Ice and Cold Storage Pvt. Ltd…………………Petitioner Vs. Artha Rin Adalat No.1, Dhaka and others…………………Respondents Judgment June 11, 2012. Result: ......sion of section 46 of the Ain, 2003 (hereinafter referred to as Ain) so far it relates to the question of filing of the suit by the Bank or financial institution against the borrower within specified time is directory and not mandatory and therefore in any view of the matter the suit is not barred b......t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ......t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ..Category: Civil Law | Date: | Hits: 108
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....preme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J Enamul Haque……………………Petitioner Vs. State…………………Opposite Party Judgment May 18, 2010. Result: The rule is made......dated 16-1-2006 stating as reason that without ascertaining the fact as to who is possessing the disputed land and as to whether there was any apprehension of breach of peace after expiry of one year time from the date of filling of the application under section 145 and without there being any speci......he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ......he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ..Category: Criminal Law | Date: | Hits: 105
Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
.... of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......rial allegation of the plaint. The case of the defendant No.1 in short, is that the original owner of the land was Ambika Charan Das and others and they sold the property to defendant No.1 as at that time there was some restrictions in registration of minority properties as such a bainapatra was exe...... Court. The learned Counsel finally submits that admittedly the defendants have been in possession of the suit land since long; so in a suit for declaration without seeking a consequential relief for recovery of khas possession is not at all maintainable. The P.Ws. 2 and 3 in cross-examination categ......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ..Category: Property Law | Date: | Hits: 112
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....d in: 7 LG (HCD) (2010) 118. ...... Mohiuddin Farooque Vs. Bangladesh, 55 DLR 69. 4. The vessel MT Enterprise, IMO No.7709136 was a single hull oil tanker manÂufactured in Japan in the year 1979. After changing its name at various times and havÂing plied under the flags of various countries, it was ultimately exported by M/S Yal......ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ..Category: Environmental Law | Date: | Hits: 688
Provat Mondal and others Vs. State, 2012, 41 CLC (HCD)
....o Reported in: 64 DLR (HCD) (2012) 182. ......cutive Magistrate is 'non est' in the eye of law. 3. Mr. Md. Mamun Aleem further submits that the order of appointment of the receiver of the disÂputed property was made on 18-12-2011 and by this time more than two months have already elapsed and in this perspective, the provisions of sub-sectio......osed of. Let a copy of this order be immediately transÂmitted to each of the Courts below for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 182. ......osed of. Let a copy of this order be immediately transÂmitted to each of the Courts below for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 182. ..Category: Criminal Law | Date: | Hits: 74
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....ecords along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......have a discussion relating to her paternal property. But due to traffic jam she reached at Burichang Bazar at about 22-15 hours wherefrom she hired a rickshaw for going to her paternal house. At that time another boy of Rajapur village was also accompanied with them in the same rickshaw which has a ......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......eing one police patrol van. On arrival of the police at the place of occurrence being asked P.W.4 pointed out the direction through which the misÂcreants ran away. Then the police personnel raised alarms and subsequently with the help of the vilÂlagers they caught hold of convict-appellants Billal..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....ral of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......ompanied forces on 6-10-2004 when was on Patrol duty for recovering unauthorized arms and arresting the miscreants of Demra, Sabuj-Sutrapur, Motijheel, Khilgoan Shyampur and Narayanganj area, at that time the informant part came to know that a man was waiting in the garage 1 of Shah Alam of Khahipur......e learned Advocate appearing for the appellant submits that in the instant case the seizure list witnesses P.W.5 Ashim Saha and P.W.6 Md. Afifur Rahman did not support the prosecution story as to the recovery of the alleged arms form the possession of the convict-appellant. Apart from this the defen......e, in short, is that P.W.1 the informant, Lieutenant BN Md. Feroz Khan, RAB-3 Adamjee Nagar, Narayanganj along with accompanied forces on 6-10-2004 when was on Patrol duty for recovering unauthorized arms and arresting the miscreants of Demra, Sabuj-Sutrapur, Motijheel, Khilgoan Shyampur and Narayan..Category: Criminal Law | Date: | Hits: 99
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....ny, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ......ion, it would be profitable to repeat what Lord Loreburn L.C. said in the case of Vickers, sons of Maxim Limited Vs. Evans 1910 AC 444: "My Lords, this appeal may serve to remind us of a truth sometimes forgotten, that this House sitting judicially does not sit for the purpose of hearing appeals ....... Accordingly, the application under secÂtion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ....... Accordingly, the application under secÂtion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..Category: Alternative Dispute Resolution | Date: | Hits: 506
Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....¦Respondents Judgment November 24, 1997. Result: The Rule is made absolute. The Arms Act, 1878 (Act No. IX of 1878); section 26 Under section 26 of the Arms Act, the District Magistrate is not empowered to issue an order for seizure of arms. Only the Government is empowered to seiz......ection 26 of the Arms Act, the District Magistrate is not empowered to issue an order for seizure of arms. Only the Government is empowered to seize arms of any person and to detain the same for such time as it thinks necessary for the public safety……………(8) Lawyers Involved: Nitai Ro......702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ......lt: The Rule is made absolute. The Arms Act, 1878 (Act No. IX of 1878); section 26 Under section 26 of the Arms Act, the District Magistrate is not empowered to issue an order for seizure of arms. Only the Government is empowered to seize arms of any person and to detain the same for such t..Category: Criminal Law | Date: | Hits: 77
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
.... trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......would stand transferred in the respective Artha Rin Court within the District. . . According to Section 3 of the Act the provisions of this Act will be effective notwithstanding any other law for the time being in force……………………………..(13) The counter claim of the defendant is ......010. Result: The appeal is dismissed. Jurisdiction of the Artha Rin Adalat The Artha Rin Adalat Ordinance came into effect on 31-7-1989 establishing special Courts for adjudication of the recovery of loans claimed by the financial institutions. This Ordinance was repealed by Artha Rin Ad......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....2. ......oly Quran, or articles usually used for religious purpose e.g. Tasbih, Jai namaj etc. It may be other considerations as well. These kind of transfers have been taking place in this country for a long time and have been mentioned in at least one statue i.e. in section 96(10) of the State Acquisition ......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....………………Opposite party Judgment September 11, 2007. Result: The Rule is made absolute. Muslim marriage is a socio-religious contract between a man and a woman and as such signatures of the parÂties in the 'Kabinnama' are essential for proving marriage. No amount of oral evi......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......hus: 3. The plaintiff- respondent-opposite party filed the Family Suit being No.75 of 2004 in the Family Court of Tangail Sadar under Section 5 (c) and (d) of the Family Courts Ordinance, 1985 for recovery of dower and maintenance alleging that the defendant marÂried her on 13-06-2003 according ......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ..Category: Family Law | Date: | Hits: 140
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
.... Result: The Rule is discharged. Cases Referred to- Md. Naimuddin Sarder @ Naimuddin Vs. Md. Abdul Kalam Biswas @ Md. Abul Kalam Basiruddin @ Abul Kalam Azad and another, 39 DLR(AD)237; Srimati Nirode Bala Deb Roy Vs. Monmohan Datta and others, 6 DLR559; Amina Khatun Vs. Anser Ali, 40 DLR ......and his name was duly recorded; that during the partition of India, the schedule land was in the territory of the then East Pakistan now Bangladesh and he was obstructed to use the land; that at that time the father of the plaintiff and the father of the defendant lived in the territory of District ......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ..Category: Procedural Law | Date: | Hits: 114