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Haji Azizur RahÂman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur RahÂman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ......(corresponding more or less to those of secÂtion 265C Cr.P.C.) clearly provides that the Magistrate has to consider and by explicitly providing in the said section the expression "record his reasons for doing" the legislature has made it obligatory for the Magistrate to give his reasons for finding......r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur RahÂman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ......n accused……………………….(9) 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 M..Category: Procedural Law | Date: | Hits: 78
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....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. ......71 of the Penal Code read with section 5(2) of Act II of 1947 but convicting the appellant under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and sentencing him to suffer RI for 4(four) years and to pay a fine Taka 2,000.00 in default to suffer SI for 3 (three) months more.......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. ......eal is allowed. Cases Referred to- Hamiz Ali @ Hamid Ali Vs. The State, Criminal Appeal No.195 of 1985; 1981 PCrLJ 165; 1973 CrLJ 137; Khondker Mushaq Ahmed Vs. Bangladesh, 34 DLR (AD) 222. Lawyers Involved: Khan Saiful Haque with Khalilur Rahman Rokon, Advocate ‑ For the Appellant. ..Category: Criminal Law | Date: | Hits: 110
Yunus Molla (Md.) Vs. State, 1995, 24 CLC (HCD)
....Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ......Md. Abdus Salam Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.447 of 1990. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioner is for quashing the proceeding in Special Case No.500 of 1981 pending in the Court of Divisional Specia......Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ......dul Mannan J Yunus Molla (Md.)…………………………Petitioner Vs. State………………………Respondent Judgment July 9, 1995. Result: The Rule is made absolute. Lawyers Involved: Syed Ziaul Karim, Advocate ‑ For the Petitioner. Md. Abdus Salam Mamun, As..Category: Procedural Law | Date: | Hits: 95
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
.... 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. ......g is commenced by the arrest of the res, the ship, such arrest is not an interlocutory order………………………………(34) The Admiralty Act, 1861, section 6 In a pure and simple suit for the realisation of the money by an unpaid vendor, admiralty jurisdiction cannot be invoked. To a...... 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. ......3 ACE 41; National Co. Ltd. Vs. Asia Mariner, 72 CWN 635; PLD (SC) 684. National Co. Ltd. Vs. Asia Mariner, 72 CWN 635; Pieve Superior, LR (1874) 5 PC 482; Norway 167 ER 347; St. Cloud, 167 ER 20. Lawyers Involved: Syed Ishtiaq Ahmed with Fida M. Kamal, Md. Ramzan Ali Sikder, and Syed Refaat A..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ......evision is directed at the instance of the plaintiff who is wife Shahinur Begum, against the husband Md. Minarul Islam alias Miton. 2. The petitioner instituted Family Suit 5 of 1993 on 3‑1‑93 for dower money both prompt and deferred being Taka 55,000.00 and maintenance being Taka 4500.00 The......reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ......mat Jahan Begum, 21 DLR (SC) 145; Jyani Begum Vs. Umrav Begum, 32 Bom 612; Sugra Bibi Vs. Masum Bibi, 1877 Allahabad 57; 39 Bom 188, 13 CWN; 153 Cal PLD 1975; Peshawar 128, 4 IC 462; PLD 1958, 47. Lawyers Involved: Shahidul Islam Advocate with Rashaduzzaman Bosunmia, Advocates ‑ For the peti..Category: Family Law | Date: | Hits: 122
State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)
....e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is disÂposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ......nÂdent of Police, Immigration, Zia International Airport, 4. Saiful, 5. Delwar, 6. Mujib, 7. Anowar and 8. Mizan to show cause as to why they shall not be directed to explain the action of the five aforeÂmentioned security officials, namely Saiful, Delwar, Mujib, Anwar and Mizan (subsequently corr......e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is disÂposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ......e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is disÂposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ..Category: Others | Date: | Hits: 87
Rakibuddin Talukder Vs. Government of BanglaÂdesh and others, 2009, 38 CLC (HCD)
..... Office is directed to send down the records of this case at once with a copy of Judgment for inforÂmation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ......rt facts leading to this Rule are that on 04-07-1980, the petitioner as plaintiff instituted Other Class Suit No.259 of 1980 in the Court of Munsif, Sirajganj, pleading opposite parties as defendants for declaration of title in respect of 1.83 acres of land out of 9.80 acres described in the schedul....... Office is directed to send down the records of this case at once with a copy of Judgment for inforÂmation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ......rder (minor), 1 BLC (AD) 185; Niropoma Ritchel Vs. Md. Abdul Jalil Mea, 41 DLR 467; Akrab Ali Vs. Zahiruddin Kari, 30 DLR (SC) 81; 43 DLR (AD) 82; 51 DLR (AD) 57; 19 BLD (AD) 156; 38 DLR (AD) 201. Lawyers Involved: Md. Shahadat Tanvir Amin, Advocate, with Abul Quashem, Advocate - For the Petit..Category: Property Law | Date: | Hits: 76
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....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. ...... March 12, 2007. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898); section 342 An examination of an accused under Section 342 of the Code is not an idle formality. It has to be carried out carefully in the interest of justice and fair play to the accuse......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. ...... Islam @ Dablu Vs. State, 41 DLR (AD) 157; Shahjahan Vs. State, 46 DLR (HCD) 575; Bashir Kha Vs. State, 50 DLR (HCD) 199; Abdur Razzak @ Geda Vs. The State, 16 BLD (HCD) 312; AIR 1972 (S.C.) 535. Lawyers Involved: Mizanur Rahman, Advocate - For the appellants. Sheikh Rezaul Karim, Assistan..Category: Criminal Law | Date: | Hits: 83
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
.... 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. ......ful manner'. Use of the expression 'in any manner' clearly attracts acquiring 'dominion over property' of other person (in this case the complainant) either in lawful manner or in an unlawful manner, for instance by an act of cheating, by coercion or by any other unlawful means. Therefore, the expre...... 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. ......t of cheating, as alleged to have been done in this case, with intent to misappropriate such property or to convert such property to the use of the accuseds……………………………..(13) Lawyers Involved: Zaman Akter, Advocate - For the petitioner. Mosharaf Hossain Sarder, Deputy ..Category: Criminal Law | Date: | Hits: 116
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....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. ......can make out a case of 'coram non-judice’ of the trial Court or that the facts alleged do not constitute any criminal offence or that the conviction has been based on no legal evidence or otherwise for securing the ends of justice……………….(18) The Code of Criminal Procedure, 1898 (V o......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. ...... DLR (AD) 67; Shahidul Vs. the State, 57 DLR (HC) 222; Mir Mohammad Ali Vs. State, 46 DLR 175; Ayub Ali (Md.) Vs. Abdul Khaleque, 56 DLR 489; Sobhan Ramjan Vs. State, 45 DLR 521; 15 BLC (AD) 191; Lawyers Involved: Ahsanul Karim, Advocate - For the Petitioner. Md. Shohrowardi, Deputy ..Category: Criminal Law | Date: | Hits: 109
Osarunnessa Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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. ......dure shall not be passed without lawful authorÂity and is of no legal effect. 2. The background leading to the Rule, in short, is that the husband of the petitioner approached the respondent Bank for House Building Loan and on 24-12-1990 Tk.75,000 sanctioned for staff house building loan and on ......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. ...... Osarunnessa………………………..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 Responden..Category: Civil Law | Date: | Hits: 134
Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)
.... 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. ...... (EC No.843), that while he was discharging the duties of the Mutwalli of the Waqf Estate respondent Nos.2 and 3, Haji Monjurul Islam Shah and Md. Rahmat Ali Shah respectively, filed an application before the Waqf Administrator for removal of the petitioner from the office of the Mutwalli; that on r...... 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. ......€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Administrator of Waqfs and others…………………………………..Respondents Judgment December 2, 1996. Result: The Rule is made absolute. Lawyers Involved: Santi Ranjan Karmaker with Mir Mahfuzur Rahman and Abdus Salam Mondal, Advocate..Category: Trust/Waqf Law | Date: | Hits: 85
Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
....icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ...... was issued calling upon the respondents to show cause as to why the impugned memo No. Mo-4/Trawler-63/2002/113 dated 27-3-2002 issued by respondent No. 4 directing to place all Nathi to the Minister for taking decisions (Annexure-D) and letter No. 611 dated 23-2-2009 issued by respondent No. 1 refu......icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ......i…………………..Petitioner Vs. Director, Marine Fisheries Office and others……………………..Respondents Judgment May 28, 2009. Result: The Rule is made absolute. Lawyers Involved: Mahmudul Islam with MA Hannan, Advocates — For the Petitioner. Razik..Category: Civil Law | Date: | Hits: 124
SM Siddiqur Rahman, Advocate Vs. Anti-Corruption CommiÂssion and others, 2011, 40 CLC (HCD)
....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. ......ion submits that the petitioner challenging the impugned Memo dated 18-2-2007 preferred the instant writ petition by giving Power of Attorney to one Advocate SM Siddiqur Rahman without surrendering before the concern Court below. From the order dated 25-4-2007 passed by this Hon'ble Court it appears......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. ......¦â€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment November 27, 2011. Result: The Rule is discharged. Case Referred to- Anti-Corruption Commission Vs. Dr. HBM Iqbal Alamgir, 15 BLC (AD) 45. Lawyers Involved: No one appears - For the Petitioner. Nahid Mahtab, Advocate - For the ..Category: Procedural Law | Date: | Hits: 104
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
.... posÂsible 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. ......Parties Judgment July 21, 2009. Result: The application is allowed. Cases Referred to- 13 BLD (AD) 277; 11 MLR (AD) 58; 32 DLR (AD) 167; 19 DLR (SC) 433. Lawyers Involved: Lutfor Rahman Mondal, Advocate - For the Petitioner. No one appears - For Opposite-parties.&nb...... posÂsible 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. ......……………Opposite Parties Judgment July 21, 2009. Result: The application is allowed. Cases Referred to- 13 BLD (AD) 277; 11 MLR (AD) 58; 32 DLR (AD) 167; 19 DLR (SC) 433. Lawyers Involved: Lutfor Rahman Mondal, Advocate - For the Petitioner. No one appears - ..Category: Procedural Law | Date: | Hits: 94
Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....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. ...... dated 21-8-2005 passed by the Taxes Appellate Tribunal, Chittagong Bench, Chittagong in Income Tax Appeal No 4113 of 2004-2005 (Assessment year 2003-2004) dismissing the appeal. 2. Facts relevant for disposal of the reference application are as follows: - The assessee-applicant, Chittagong D......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. ......axes Zone-3, Chittagong……………………………Respondent Judgment May 17, 2012. Result: The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Lawyers Involved: Sarder Jinnat Ali - For the Applicant. Abdur Rahim Bhuiyan, Assistant ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....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. ......erty the Deputy Commissioner cannot keep both the alternatives in his pocket. He has to choose between the two. If he keeps both the options open, then he does not know whether the property is needed for immediate use or it is likely to be needed for some future use. The use of both these alternativ......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. .....................................(13) Cases Referred to- Sankar Gopal Chatterjee Vs. Additional Commissioner, Dhaka Division, 41 DLR 326; Mrinalendu Pal Vs. Divisional Commissioner, 2 BLC 495. Lawyers Involved: Cyril Sikder, Advocate - For the Petitioner. Md. Jafar Imam, Assistant..Category: Property Law | Date: | Hits: 62
Abul Hasnat Bepari Vs. Md. Hasan Ali, 1987, 16 CLC (HCD)
....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. ......ioner. No one-For the Opposite Party. Criminal Revision No. 81 of 1985. Judgment Syed Misbahuddin Hossain J. - This is an application under section 561A of the Code of Criminal Procedure for quashing the proceeÂdings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magi......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. ......dgment June 21, 1987. Result: The Rule is made absolute. If the complaint does not disclose any offence, it will be an abuse of the process of law...................................(7) Lawyers Involved: Nasiruddin Chowdhury, Advocate-For the Petitioner. No one-For the Opposite ..Category: Civil Law | Date: | Hits: 144
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....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. ......in as the plaintiffs filed Title 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 lan......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. ...... Kartipakha (RAJUK) ..............Appellant Vs. Eunus Ali & others..........................................Respondents Judgment August 1, 2012. Result: The appeal is allowed Lawyers Involved: AF Hasan Ariff, Senior Advocate (with A F M Meshbahuddin, Senior Advocate), ins..Category: Property Law | Date: | Hits: 104
Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)
..... 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. ......k Drabya Niantran Ain to search, seize, arrest, to initiate a case and to investigate into a case under this Ain and he needs no permission of the Director General of Madak Drabya Niantran Adhidaptor for investigating into a case under the Madak Drabya Niantron Ain, 1990. He is, however, required to....... 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. ......or officer under section 38 of the Madak Drabya Niantron Ain, 1990 and to send a copy thereof to the Director General of Madak Drabya Niantran Adhidaptor..................................(17) Lawyers Involved: A.B.M. Waliur Rahman Khan, Advocate - For the accused-petitioner. Md...Category: Criminal Law | Date: | Hits: 90
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