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Syed Muhammad Mashiur Rahman Vs. President of Bangladesh and others, 1996, 25 CLC (HCD)
....¦â€¦â€¦..Petitioner Vs. President of Bangladesh and others…………………..Respondents Judgment July 25, 1996. Lawyers Involved: Syed Muhammad Mashiur Rahman, Petitioner in person. Abdul Wadud Bhuiyan, Additional Attorney General-for the respondents. Writ Petition No. 1......ed Muhammad Mashiur Rahman, an Advocate, is the petitioner in this case. In this writ application he has challenged the vires of 13th Amendment of the Constitution, namely, Act No. 1 of 1996 which is called as Constitution 13th Amendment Act, 1996. 2. In a lengthy writ petition he has stated many...... find any reason to interfere with this 13th Amendment Act, we do not find any merit in this application and accordingly it is summarily rejected. This Case is also Reported in: 17 BLD (1997) 55. ..Category: Constitutional Law | Date: | Hits: 199
Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)
....e night following 12-11-1991 while he along with his father and other brothers were away at the beel to catch fish and taking advantage of the absence from house, Azizul Pramanik and other accused persons broke open the door of their house and kidnapped his newly married sister, Meherjan aged about ......e Government. Section 4 reads as follows: 4. Nikah Registrars.- For the purpose of Registration of Marriages under this Act, the Government shall grant licences to such number of persons, to be called Nikah Registrar, as it may deem necessary for such areas as it may specify: Provided that ......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25...Category: Criminal Law | Date: | Hits: 50
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....n such basis is without any lawful authority. 2. The petitioner, a firm, carries on business of import of Caustic Soda. It opened Letter of Credit on 21-1-1998 for importing 350 MT of Caustic Soda solid and 150 MT of Caustic Soda Flakes at the rate of US$ 250.00 per metric ton and 260.00 per metr......ovision of law vis-a-vis the Registration Import Particular Scheme we do not find any want of authority on the part of the respondent to assess the duty on the basis of tariff value. Secondly, we are called upon to decide whether the petitioner is entitled to the benefit under Import Particular Regi......For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
....n 14.11.1988 and initially it was numbered as Civil Revision No.627 of 1988. Subsequently it was renumbered as Civil Revision No.8346 of 1991, possibly on transfer from Rangpur Bench, although the reason for such renumbering is not recorded. Today it is posted in the cause list and called for hearin......uently it was renumbered as Civil Revision No.8346 of 1991, possibly on transfer from Rangpur Bench, although the reason for such renumbering is not recorded. Today it is posted in the cause list and called for hearing, but no one appears for either of the parties. In view of the matter pending for ......the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 54
Kendul Palli Mongal Samittee Vs. Sree Mohonto Robi Das and others, 2010, 39 CLC (HCD)
....ave heard the learned Advocate and perused the application as well as the medical certificate. In paragraph No. 11 of the application, the delay of 210 days has been explained, which appears to be reasonable and satisfactory. In view of the above, I am inclined to condone the delay. 6. Accor......ent revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......oners. There was no latches as such in pursuing the matter. The petitioners have a very good case on merit and if the Hon’ble Court is not pleased to condone the delay, they will suffer irreparable loss and injury. 4. The notices of the instant Civil Rule have been duly served upon the opposit..Category: Procedural Law | Date: | Hits: 98
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....Quddus J SDS Dairy Limited………………….... Petitioner Vs. Bangladesh and others ……………….... Respondents Judgment January 6, 2011. Result: The Rule is made absolute. The Code of Civil Porcedure, 1908 (V of 1908); Order XXI rule 83 The Artha Rin Adalat ......e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......by adjustment from the sale proceeds, if it would be allowed to sell schedule-A property through private negotiation and enhance the sale proceeds. The petitioner further stated that due to incurring loss in business, it was not in a position to pay the decretal amount with interest thereon in cash...Category: Procedural Law | Date: | Hits: 95
Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)
....uty Attorney-General with Saifuddin Md. Aminur Rahim, Assistant Attorney-General-For the state. Criminal Appeal No. 31 of 2001. Judgment Md. Abdur Rashid J.- This appeal was presented by the sole appellant Badal Kumar Paul under section 410 of the Code of Criminal Procedure against judgment......ild or is cultivated, of course, in secret in and around the south and east of Afghanistan popularly known as the Golden Crescent and in the land blocked area surrounded by Myanmar, Thailand and Laos called Golden Triangle. Poppy is a wild or cultivated plant with large, often bright red, flowers, w...... not wanted in any other case. Send down the records. Let a copy of this judgment be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218...Category: Criminal Law | Date: | Hits: 90
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
...., AIR 1936 P.C. 141, (1852) 8 Moo P.C. 47, Pritom Pal V. High Court of Madya Pradesh, AIR 1992 SC. 904, Sukhdev Singh Sodhi, (AIR 1954 SC 186), R.L. Kapur, (AIR 1972 SC 858), Delhi Judicial Service Association V. State of Gujarat, (1991) 4 SCC 406, (1991 AIR SCW 2419), S.K. Sarkar V. Vinay Chandra M......f the Queen, even though a subject or corporation has the benefit of the Court, as in the case of borough and city Courts of record. The proceedings of a Court of record preserved in its archives are called records, and are conclusive evidence of that which is recorded therein." 19. Corpus Juris ...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ..Category: Criminal Law | Date: | Hits: 163
Category: Fiscal/Taxation Law | Date: | Hits: 81
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....nd the IGM was amended and the name of the petitioner company was replaced in place of the name of consignee Unipex Knit Wear Ltd. Thereafter, it was detected by the petitioner company that there was some technical violation of the Import Trade Control (ITC) Regulation and the petitioner company thr......iners in question were brought into Bangladesh in blatant violation of the Import Policy Order and in view of the provisions of section 2(s) read with section 16 of the Customs Act, 1969 (hereinafter called the Act) the goods in question were smuggled goods liable to be confiscated under section 156......ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)
....t of Narayanganj. The aforesaid local musallis of the area being dissatisfied with the functions of the aforesaid joint mutawalli held a meeting on 11-7-1982 and formed a committee consisting of 7 persons with the petitioner Shahabuddin Ahmed as its Secretary for proper maintenance, better managemen......h occasioned a failure of justice, as the respondent-opposite party failed to prove that the notice was not duly served or that he was prevented by sufficient cause from appearing when the appeal was called on for hearing. Accordingly, the judgment and order of the learned Additional District Judge,......1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ..Category: Trust/Waqf Law | Date: | Hits: 189
Category: Company Law | Date: | Hits: 198
Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)
....d that respondents cannot compel the petitioner to furnish his bank account as the disclosure of the same would affect the secrecy attached to bank accounts and, as such, impugned letter dated 6-7-98 so far as it relates to furnishing bank accounts statements of the petitioner from 1-7-97 to 15-6-98......m for breach of duty and he cannot be compelled to disclose bank account of himself or his clients. By letter dated 11-7-98 (Annexure C) petitioner prayed for 15 days’ time to furnish the documents called for from him. Thereafter by letter dated 13-7-98 (Annexure D) respondent No. 2 allowed petiti......he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534...Category: Banking Law | Date: | Hits: 196
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....Ali with Ahsan Kabir, Advocates—For the Petitioners. Shahabuddin Ahmad, Advocate —For the Opposite Party No.15. Civil Revision No. 6086 of 1991 (Dhaka) Civil Revision No. 192 of 1986 (Jessore) Judgment Md. Awlad Ali J. - This Rule arises out of judgment and decree dated 8-5-86 pas......judgments of both the Courts below and perused the records and I am of the view that the Courts below appear to have committed no illegality in dismissing the suit and consequently no interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will......interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522...Category: Property Law | Date: | Hits: 98
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
.....Respondents Judgment July 25, 2001. Cases Referred To- Anglo African Merchants Ltd. vs. Sayley (1970)1 QB 311; Cook vs. Deeks (1916)1 AC 554; Montgomerie vs. United Kingdom Mutual SS Association (1891) 1 QB 370; Pacquin vs. Beanclerk (1906) AC 148; Elbinger AG Fur Fabrication von Eiso......rder XXXIX rules 1 and 2 and section 151 of the Code of Civil Procedure. The temporary injunction prayer was aimed to prevent the defendant No.1 from receiving and defendant No. 2 from paying what is called technical fee, payable to the defendants No. 1. 4. The gist of the relevant averments as ...... supplier assured of compensation and advised the plaintiff to open another LC in favour of another company for importing the unsupplied quantity of fabrics, which the plaintiff had to do with a huge loss. Due to belated delivery of the fabrics, due to inadequacy of supply and also due to defective ..Category: Civil Law | Date: | Hits: 164
Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)
....se No. 62 of 1987 (arising out of Shwarankhola PS Case No. 2 dated 8‑5‑1984 and GR Case No. 32 of 1984) which convicted the appellant under section 302 of the Penal Code and sentenced him to imprisonment for life and also to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for ......d Abdur Rouf there with one 'Dao' in his hand. Abdur Rouf told her that if Firoja would not leave with him, he would commit suicide. Hearing that Giasuddin Master and his son Delwar became scared and called a local Chowkider to keep a watch. In the early morning, Abdur Rouf took Firoja Begum to Mali......llant carrying a 'Dao' and was threatening to commit suicide if Firoja would not go with him. He stayed for Firoja Begum in her father's house upto 2‑00/3‑00 AM of the fateful night. May be after loss of both eyes, he became absolutely dependent on her to pursue his daily routine of life. But it..Category: Criminal Law | Date: | Hits: 44
Abdul Hoque (Md.) Vs. Md. Abdul Gani alias A Gani, 2000, 29 CLC (HCD)
....is knowledge by removing him. So, he contended that the appointment of Mr. Abdul Huq was irregular. 3. The case of the petitioner is that after the death of the first Mutwalli in 1952, no other persons was substituted/appointed in his place and the Waqfs property was enjoyed by the Sons of Munshi......ute. No costs. The records of the case, be sent down to the office of the Waqfs Administrator for taking necessary action forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 295....... may, on his own motion or an application of any person remove a Mutwalli— (i) for breach of trust, mismanagement, malfeasance or misappropriation; or (ii) for any act of the Mutwalli causing loss of Waqf property or affecting the proper administration, control or preservation of the Waqf; o..Category: Trust/Waqf Law | Date: | Hits: 174
Habibur Rahman Hawlader Vs. State and another, 2000, 29 CLC (HCD)
....osed. Cheque No. 239021 was first presented on 18‑3‑1999 but returned on 18‑4‑1999 with remark that fund was insufficient. Then the cheque was again presented on 27‑5‑1999 but this time also the cheque was returned on 7‑6‑1999 with the remark that the account was closed. Opposite par......m Chaklader with Md. Ali Zinnah, Advocates-For Opposite party No. 1. Criminal Miscellaneous Case No. 1813 of 2000. Judgment Md. Munsurul Haque Chowdhury J.-By this Rule opposite parties were called upon to show as to why the Complaint Case No. 461/99 now pending in the court of Magistrate 1......re is a misconceived one. In the result the Rule is discharged, stay granted earlier by this court is thus vacated. Communicate the order. Ed. This Case is also Reported in: 55 DLR (2003) 199...Category: Banking Law | Date: | Hits: 191
Abdur Rahman Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....r has been deprived of adequate opportunity to adduce evidence and prove before the Court that the deed of sale in his favour was executed by aforesaid Syed Mahmood Hasan. He then submits that the reasons assigned by the Court of Settlement in rejecting the applications are not borne out by any lega......r signature of the said owner Syed Mahmood Hasan given in another document on 2‑6‑1973 in an application filed by him putting his signature in Bengali submitted to the Ministry of Works should be called for so that both the signatures could be sent to the Criminal Investigation Department (CID) ......e of receipt of the records giving reasonable chance to the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196...Category: Property Law | Date: | Hits: 59
Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)
....a J.- Leave was granted to consider whether, the learned Judges of the High Court Division were justified in holding that the listing of the disputed property as abandoned property is not hit by proviso (a) to section 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance......e the date of publicaÂtion of the list in the official Gazette, in which the vesting in, or possession of, the Government of the building as abanÂdoned property under the President's Order has been called in question in any manner whatsoever or any prayer has been made for return, restoration or t......e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ..Category: Property Law | Date: | Hits: 65