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Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)

.... Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtazuddin Ahmed J Md. Shamsul Huda J Humayun Hossain Khan.............................Appellant Vs. Bangladesh & others………………………………….Respondent Judgment October 20, 201......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ...... None Represented—For Respondent Nos. 1 and 3-5. Civil Appeal No.176 of 2010. (From the judgment and Order dated the 8th day of April, 2009 passed by the Appellate Division in Civil Petition for Leave to Appeal No.516 of 2008) Judgment Md. Abdul Wahhab Miah J. - This appeal has arisen......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ..

Category: Civil Law | Date: | Hits: 138

Abdul Kader and another Vs. Abdul Aziz having died his heirs; (1) Musammat Masuda Begum and others, 1994, 23 CLC (HCD)

....mmat Masuda Begum and others ..........................Opposite Parties Judgment May 2, 1994. Result: The Rule is discharged. Cases Referred to- Ali Ekabbar Farazi Vs. Government of Bangladesh, 26 DLR 394; Shyamapada Singha and others Vs. Dhirendra Nath Bhadra alias Sutka Bhadra &a...... In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 67. ......�8 to show cause as to why the impugned judgment and decree dated 26.7.90 passed by the Subordinate Judge, Fourth Court, Dhaka in Title Appeal No. 126 of 1987 should not be set aside. 2. The facts for disposal of the Rule are as follows: The deceased Md. Abdul Aziz as plaintiff filed Title Suit N...... In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 67. ..

Category: Property Law | Date: | Hits: 78

Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)

....etitioner (In Writ Petition No. 2644 of 1990) Abdul Gani, Proprietor of Oriental Engineering Company...........................Petitioner (In Writ Petition No. 346 of 1991) Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division and others...... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57.......on question of facts and law in WP No. 2644 of 1990 and WP No. 346 of 1991 being involved and the same are heard together and these Rules will now be, disposed of by this common judgment. 2. Facts for the disposal of WP No. 2644/1990 are as follows: The petitioner under L/C dated 28.4.88 impor...... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57...

Category: Fiscal/Taxation Law | Date: | Hits: 155

Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)

....nand, 7 SCC 348; Olympus Super Stracture Pvt. Ltd. Vs. Meena Vijoy Khetan, 5 Supreme Court Case 651; Executive Engineer LGED, Rangpur Vs. A Latif & Company Ltd., DLR 656; Ananda Builders Ltd. Vs. Bangladesh Water Transport Authority, 57 DLR (AD) 31; Bangladesh Power Development Board Vs. Arab ...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ...... to set aside the award dated 9-3-2006 passed by the Arbitral Tribunal thereby disallowed the Miscellaneous Case No.160 of 2006. 2. Material facts are that Chittagong Port Authority invited tender for construction and delivery of 2(two) fast patrol boats for Bangladesh Coast Guard. Tender notice ...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ..

Category: Alternative Dispute Resolution | Date: | Hits: 334

Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....t High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Muzammel Hossain J Amjad Hossain……………………Petitioner Vs. Government of Bangladesh and others……………………Respondents Judgment June 24, 1998. Result: ......h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458....... No. 320.90 from India and obtained Clear Report Finding (CRF) certificate from the pre‑shipment agency. He submitted the CRF certificate along with other relevant document to the customs authority for release of the goods. The customs authority, on the other hand, without making assessment of dut......h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458...

Category: Fiscal/Taxation Law | Date: | Hits: 138

Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)

....s. It appears from paragraph 7 of petition of complaint upon which complaint case No.179 of 1987 was started that the accused submitted an application to the Secretary, Ministry of Law of the Govt of Bangladesh and another to the Hon'ble Chief Justice of Bangladesh against the Complainant and the ap......he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ...... a Judicial Officer to show cause as to why proceedings of the Criminal Case No.179 of 1987 pending in the Court of the Magistrate, Narayanganj should not be quashed. 2. Learned Advocate appearing for the petitioners after placing the materials on record submitted that accused and complainant are......he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ..

Category: Criminal Law | Date: | Hits: 75

Abdul Khaleque Vs. National Fans Ltd. & another, 1995, 24 CLC (HCD)

....Registrar of Trade Marks and the Controller of Patents and Designs and his applications are pending disposal. It is also the case of the petitioner that he is selling Chandan National Fans throughout Bangladesh with the knowledge of respondent No.1. This respondent No.1 on 9‑4‑91 served a legal ......rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453....... Judgment Mahmudul Amin Chowdhury J.- This application under section 51A of the Patents Designs Act, 1911 has been preferred by petitioner Abdul Khaleque, proprietor of Khaleque Enginewing Works for cancellation of registered design No.00661 dated 4‑1‑89 in the name of National Fans Ltd. ......rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453...

Category: Intellectual Property Law | Date: | Hits: 257

Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)

....s Case is also Reported in: 62 DLR (HCD) (2010) 430. ......irmed. 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: 62 DLR (HCD) (2010) 430. ......edecessor of the opposite party Nos.1-10 as plaintiff, instituted Title Suit No.254 of 1983 in the Third Court of Munsif, Jessore, impleading the petitioner and opposite party Nos.11-16 as defendants for declaration of title and confirmation of possession in respect of 0.82 acres of land described i......irmed. 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: 62 DLR (HCD) (2010) 430. ..

Category: Property Law | Date: | Hits: 98

State Vs. Azam Reza, 2008, 37 CLC (HCD)

....cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......Appeal No. 40 of 2005. Judgment AKM Fazlur Rahman J.- This reference under section 374 of the Code of Criminal Procedure has been submitted by the Judge of the Druta Bichar Tribunal No.4, Dhaka for confirmation of sentence of death awarded by him to accused Azam Reza convicting him under secti......cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ..

Category: Criminal Law | Date: | Hits: 114

Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)

....ntiff Ibrahim Molla instituted Title Suit No.38 of 1998 in the Court of Assistant Judge, Sadarpur, Faridpur on 28-4-1998, against the defendant No.1 Naimuddin Molla @ Naba Molla and the Government of Bangladesh as defendant No.2 praying for specific performance of contract, stating, inter alia, that...... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......Suit No.38 of 1998 in the Court of Assistant Judge, Sadarpur, Faridpur on 28-4-1998, against the defendant No.1 Naimuddin Molla @ Naba Molla and the Government of Bangladesh as defendant No.2 praying for specific performance of contract, stating, inter alia, that the defendant No.1 Naimuddin Molla h...... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ..

Category: Procedural Law | Date: | Hits: 120

Mahamudur Rahman Vs. Md. Matiur Rahman, 2006, 35 CLC (HCD)

....Parties Judgment January 25, 2006. Result: The Rule is made absolute. Cases Referred to- Dewan Obaidur Rahman Vs. State, 1999 BLD (AD) 128 = 4 BLC (AD) 167; Solicitor, Government of Bangladesh Vs. AT Mridha, 26 DLR (SC) 17; Sultan Ahmed Vs. State, 37 DLR 185; Maqsood Alam Vs. KMJ A...... absolute. The proceeding of GR Case No.3735 of 2002 pending in the Court of learned Chief Metropolitan Magistrate, Dhaka is quashed. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 367. ...... Helaluddin Mollah, Deputy Attorney-General - For State/Opposite Parties. Criminal Miscellaneous Case No.11262 of 2002. Judgment Sharifuddin Chaklader J.- This Rule was issued on 23-11-2002 for quashing the proceeding of GR Case No.3735 of 2002 pending before the Chief Metropolitan Magistr...... absolute. The proceeding of GR Case No.3735 of 2002 pending in the Court of learned Chief Metropolitan Magistrate, Dhaka is quashed. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 367. ..

Category: Criminal Law | Date: | Hits: 87

Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)

....o decide such issues in accordance with the laws as propounded by the Muslim jurists rather than independently disregarding the Muslim jurists. 16. Secondly, Article 8(1A) of the Constitution of Bangladesh contained in Part 11 under the heading "Fundamental Principles of State Policy" states th...... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ...... 50,001/00. Second opposite party, a son, was born out of this wed‑lock on 15.12.87. Subsequently, the petitioner divorced the first opposite party on 10.8.88. 2. On 2.11.88 first opposite party for herself and on behalf of her minor son, the second opposite party, instituted Family Court Suit ...... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ..

Category: Family Law | Date: | Hits: 528

Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)

....diction) Present: Qazi Shafiuddin J Kazi AT Manowaruddin J Anwar Hossain Khan……………………………………………………………………Petitioner Vs. Speaker of Bangladesh Sangsad Bhavan and others ………………Respondents Judgment December 11, 1994....... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......ocates ‑ For the Respondent No. 4. Abdur Razzaque with Md. Nawab Ali, Advocates ‑ For the Respondent No. 5. Writ Petition No. 1001 of 1994. Judgment Qazi Shafiuddin J. - Election for the members of the Parliament if held under the umbrella of the ruling party cannot be free and ...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ..

Category: Constitutional Law | Date: | Hits: 344

Indu Mod Howlader Vs. Additional Deputy Commissioner and others, 1997, 26 CLC (HCD)

..... Result: The Rule is made absolute. Cases Referred to- HM Soya & Co. Vs. Wazir Ali Industries Ltd., 21 DLR (SC) 50; Abul Khayer Miah being dead his heirs Abdul Kashem and others Vs. Bangladesh and others, 32 DLR (AD) 29; 33 DLR (AD) 30; 44 DLR 136. Lawyers Involved: Shamsul A......Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......rtha Rin Adalat, Barisal reversing the judgment and decree dated 24‑11‑1990 passed in Title Suit No.87 of 1988 by the Assistant Judge, Uzirpur, Barisal decreeing the suit. 2. The fact relevant for the disposal of the Rule is that, the plaintiff‑petitioner filed the aforesaid suit for a decl......Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444...

Category: Property Law | Date: | Hits: 84

Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)

....uthority, ex parte Coughlan (2001) QB 213; Food Corporation of India Vs. Kamdhenu Cattle Feed Industries AIR 1993 SC 1601; Sethi Auto Service Station Vs. Delhi Development Authority (2009) 1 SCC 180; Bangladesh Soya-Protein Project Ltd. Vs. Secretary, Ministry of Disaster Management and Relief, 22 B......l Corporation ex-parte Liverpool Taxi Fleet Operator’s Association (1972) 2 QB 299, Hughes Vs. D.H.S.S (1985)1 AC 776, Findlay Vs. Secretary of State (1984) 3 All ER 801, Navjyoti Coo-Group Housing Society Vs. Union of India AIR 1993 SC 155, Union of India Vs. Hindustan Development Corporation AIR......��……………….....Respondents (In Civil Appeal No. 44 of 2010) Judgment February 2, 2011. Result: The appeals are dismissed. Cases Referred to- Schmidt Vs. Secretary of State for Home Affairs (1969) 2 Ch 149; O'Reilly Vs. Mackman (1983)2 AC 237; Attorney-General of Hong Kong......n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ..

Category: Employment/Service Law | Date: | Hits: 208

One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....urt High Court Division (Special Original jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J One Bank Ltd.......................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment May 28, 2009. Result: The Rul...... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91....... the issuance of the Rule Nisi, in brief, are: The petitioner is a public limited company by shares and registered under the Companies Act, 1994. The petitioner-company was granted the certificate for commencement of business by the Registrar of Joint Stock Companies and also granted the licence ...... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91...

Category: Business or Commercial Law | Date: | Hits: 237

Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)

....ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......5 passed by the Additional Sessions Judge Tangail in Sessions Case No.69 of 1984 convicting the appellants under sections 302/34 of the Penal Code and sentencing each of them to suffer transportation for life. 2. Prosecution case briefly stated is that Hafizuddin P.W.1 as complainant lodged ejaha......ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ..

Category: Criminal Law | Date: | Hits: 106

State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)

....(In Criminal Appeal No. 2953 of 2005). Cases Referred to- Abdus Samad @ A.K.M.Abdus Samad and others Vs. the State, 44 DLR (AD) 233; Hyder Ali and others Vs. the State, 2004 (XII) BLT (AD) 196; Bangladesh Vs. Abed Ali and others, 36 DLR (AD) 234. Death Reference No. 104 of 2005 with Jail Ap...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......53 of 2005. Judgment Afzal Hossain Ahmed J. - This Death Reference has been made under Section 374 of the Code of Criminal Procedure by the learned Additional Sessions Judge, 1st Court, Naogaon for confirmation of the sentence of death dated 10.7.2005 imposed upon the Condemned prisoner Dr. Md...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 104

Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)

....ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......R (SC) 2; Mohammad Belayet Hossain Sharif Vs. State, 18 BLD 172. Lawyers Involved: Md. Forid Ahmed with Iqbal Hye Chowdhury, Advocates - For the Petitioner. K S Hossain, Advocate - For the Informant. MA Rouf, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No.1......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ..

Category: Criminal Law | Date: | Hits: 93

Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)

.... detention of the detenu under the provisions of section 3 of the Special Powers Act is a law which provides for preventive detention. 7. In the case of Md. Suba Miah and another Vs. Government of Bangladesh (Criminal Misc Case No. 818 of 91) disposed of on 13-2-92 this question was raised and on......in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......at the instance of petitioner Pranajit Barua elder brother of the detenu Suranjit Barua (Labu) calling upon the state to show cause as to why the detenue Suranjit Barua (Labu) shall not be produced before the Court and order of detention passed against him on, 4-5-1998 shall not be declared void, il......in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ..

Category: Criminal Law | Date: | Hits: 72

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