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Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)

....w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......……………………..Appellants Vs. The State…………………………….....................Respondent Judgment May 2, 2012. Result: The appeal is dismissed. First Information Report (FIR) The main purpose of an First Information Report (FIR) is to give informati......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ...... and others Vs. The State 3 BLD 206; Gour Chandra Pal Vs. The State 59 DLR 17; Shahjahan Ali (Md.) alias Md. Shahjahan Vs. The State 59 DLR 396; The State Vs. Abul Kalam Azad and others 8 BLC 464. Lawyers Involved: A.K.M. Fazlul Huq Khan (Farid) with Md. Shafiquzzaman, Advocate-For the Appella..

Category: Criminal Law | Date: | Hits: 170

Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

....duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ...... Customs Act is mandatory in nature. Without following the mandatory provisions the respondents have made clear violation and without making final assessment, respondent No.3 illegally proceeded with for encashment of Bank Guarantee which was furnished at the time of provisional assessment. For enca......duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ......assessment. For encashment of Bank Guarantee the respondents should have issued notice upon petitioner asking him as to why the Bank Guarantee should not be encashed………………(15 & 16) Lawyers Involved: Ramjan Ali Sikder with Abu Khaled-al-Mamun, Advocate - For the Petitioner. ..

Category: Fiscal/Taxation Law | Date: | Hits: 194

Kamal Imports and Exports Ltd. & another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)351. ......r received all shipping documents covering the Commercial Invoices, Bills of Lading etc. 6. It is stated that usually in case of charter vessel the importers are bound to submit Bills of Entries before arrival of the ship on the basis of Import General Manifest (IGM) under Section 79 of the Custo......eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)351. ......a separate matter, the respondents can take another procedure but cannot refuse to give rebate of 1.5% which were taken by the petitioners since they paid at the import stage………………(39) Lawyers Involved: Ramzan Ali Sikder with Abdullah M Hasan, Advocates - For the Petitioners. ..

Category: Fiscal/Taxation Law | Date: | Hits: 220

Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)

....of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......g in question the Judgment and order dated 11.3.2008 passed by the joint district judge, 3rd Court, Dhaka in Misc. Case No.30 of 2007 under Order IX rule 13 of the Code of Civil Procedure ("the Code" for short) setting aside a decree passed ex parte in Title Suit No.724 of 1985. 2. The case, te......of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ...... 44 DLR (AD) 242; Burma Eastern Ltd. Vs. Burma Eastern Employees Union, 18 DLR 709; Aminur Rahman Khan Vs. Trade Aris Insurance, 7 BLC 330; Abdul Zalil Vs. Islamic Bank Bangladesh, 53 DLR (AD) 12. Lawyers Involved: Khalilur Rahman with Md. Khalilur Rahman, Helal, Advocate - For Petitioners.&nb..

Category: Property Law | Date: | Hits: 149

Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)

..... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ......aneous Case No.55 of 2006 under section 138 of the Negotiable Instruments Act, now pending in the Court of Additional Sessions Judge, 2nd Court, Gazipur should not be quashed. 2. Facts necessary for disposal of the rule are that on 23 to 26 the complainant opposite party No.1 filed a Complaint ....... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ......fah Islami Bank & another………………………Opposite party Judgment May 4, 2011. Result: The Rule is discharged. Case Referred to- Noor Hossain Vs. State, 7 BLC 241. Lawyers Involved: No one appears - For the Petitioner. Harun-or-Rashid, Advocate- For the Oppo..

Category: Civil Law | Date: | Hits: 217

Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)

....rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......Akther; Abdus Salam Vs. Osman Gani and another, BCR 1984 (AD) 346;Bangladesh Water Development Board Vs. Progati Prokashani, 44 DLR 335. Lawyers Involved: AKM Nazrul Islam, Advocate-for the plaintiff-petitioner. Kamal-ul-Alam, Advocate with Mir Joynal Abedin, Advocate ......rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ...... AIR 1927 Lahore 273; Khurshid Anwar, appellant Vs. Jamil Akther; Abdus Salam Vs. Osman Gani and another, BCR 1984 (AD) 346;Bangladesh Water Development Board Vs. Progati Prokashani, 44 DLR 335. Lawyers Involved: AKM Nazrul Islam, Advocate-for the plaintiff-petitioner. ..

Category: Civil Law | Date: | Hits: 195

Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)

....receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......wing the said case under Order XXI Rule 58 of the Code of Civil Procedure, should not be set aside or such other order passed as this Court may seem fit and proper. 2. The relevant facts necessary for disposal of the rule are that the petitioner, namely Bank of Small Industries & Commerce Ban......receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......…………Opposite-Parties Judgment March 14, 2012. Result: The rule is made absolute. Case Referred to- Babul Chowdhury and others Vs. Reba Rani Saha and others, 15 BLD 644. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Petitioner. Md. Abdul Majid, Advo..

Category: Civil Law | Date: | Hits: 161

Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)

....Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......ated 21.11.82 setting aside the order dated 15.10.82 passed in Miscellaneous Case No.152 of 1967. 2. Facts leading to this Rule in short are that the petitioner as first party filed the petition before the Sub-Divisional Magistrate Bagerhat on 30.11.76 for drawing up a proceeding against the se......Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......s Judgment May 19, 1983. Result: The Rule is discharged. Cases Referred to- Aran Sardar and ors. Vs. Hara Sundar Majumdar and ors., 27 Calcutta Weekly Note (C.W.N.) at page 171. Lawyers Involved: M. A. Aziz - For the Petitioner. M. A. Sattar - For the Opposite Parties.&n..

Category: Criminal Law | Date: | Hits: 88

Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)

..... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ......Altaf Hossain J.- This application is directed against an order dated 2.5.81 passed by the Subordinate Judge, 4th Court, Dacca in Title Suit No.27 of 1981. The appellant Azibur Rahman instituted the aforesaid title suit No.27 of 1981 in the Court of Subordinate Judge, 4th Court, Dacca on 21.1.81 aga....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ......��…………………Appellant Vs. Kala Miah & another……………………………Respondents Judgment March 22, 1982. Result: The appeal and the Rule are disposed of. Lawyers Involved: Shaik Ashfuq Ali - For the Appellant. Syed Badrul Alam - For the Respondent..

Category: Procedural Law | Date: | Hits: 146

Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)

....ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ......his rule has arisen out of an order passed by the learned Additional Special Judge, Chittagong Division in Special Case No.46 of 1981 directing further investigation of the case. Facts necessary for disposal of the rule may be stated thus. 2. Accused petitioner has been tried under section......ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ...... Kazi Nurul Haque…………………………Petitioner Vs. The State…………………………Opposite-Party Judgment August 7, 1983. Result: The Rule is made absolute. Lawyers Involved: Formanullah Khan - For the Petitioner. A.P.M. Sahid, Assistant Attorney-Gene..

Category: Criminal Law | Date: | Hits: 70

Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)

....n 420 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......Amin-Ur Rahman Khan J.- The petitioner being an accused in criminal Case No.572A of 1981 under section 420 of the Penal Code made this application under section 561A of the Code of Criminal Procedure for quashing the said criminal proceeding. 2. The petitioner also prayed for setting aside the or......n 420 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......27; A.I.R. 1938 (Madras) 129;AIR 1956 Madhya Bharat, at page 19;Saeeduddin Qureshi Vs. The State, P.L.D. 1963 (WP) Karachi, page54;Meser Ali and another Vs. The State, 26 DLR (1974) 146;36 DLR 14. Lawyers Involved: G. S. Huq - For the petitioner. AKM Mozammel Huq Bhuiyan - For the Opp..

Category: Criminal Law | Date: | Hits: 67

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ...... the Penal Code. Case No.48(4)81 under section 394 of the Penal Code and Chandgaon P.S. Case No.13(4)80 under section 19(f) and section 19A of the Arms Act. Since 1980 the detenue was kept in custody for about 4 years in connection with these cases. The Government by order vide Memo No.364. Misc. 11......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......Vs. Government of Bangladesh and others, 27 DLR 295; Rowshan Bijaya Shawkat Ali, 18 DLR (SC) 214; Secretary of State Vs. Mask & Co., AIR 1940 (PC) 105; Humayun Kabir Vs. The State, 28 DLR 259. Lawyers Involved S. C. Das with Omar Hayet - For the petitioner. A. F. M. Hasan Arif, De..

Category: Criminal Law | Date: | Hits: 78

Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ...... instrument and such right has not been given effect to. Any letter, which is not a legal instrument to create any legal right and which only lays down the policy of the Government, does not have any force of law and thus Article 102 of the Constitution cannot be invoked.………………………�......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ......ny legal right and which only lays down the policy of the Government, does not have any force of law and thus Article 102 of the Constitution cannot be invoked.…………………………..(9) Lawyers Involved: Abdul Hameed Chowdhury, Advocate ‑ For the Petitioners. No one - For the R..

Category: Property Law | Date: | Hits: 67

Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)

....the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ......y the Sessions Judge, Narayanganj in Session Case No. 987 of 2006 convicting the accused appellant Md. Hasan Malik @ Titu under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Taka 50,000 in default to suffer rigorous imprisonment for 2 (two......the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ......…………………………………………Respondent Judgment January 6, 2009. Result: The appeal is allowed. Case Referred to- Mokter Hossain Vs. State, 2008 MLR (AD) 186. Lawyers Involved: ABM Waliur Rahman Khan, Advocate — For the Appellant. Farida Yeasmin, Assi..

Category: Criminal Law | Date: | Hits: 91

Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)

....ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ......o. 11 of 2000 (Pre-emption) in the Court of Assistant Judge, Nangolcot, Comilla under section 96 of the State Acquisition and Tenancy Act, 1950 impleading the preempted and others as opposite parties for pre-emption of 3 decimals of land described in the schedule of the application. 3. Eventually......ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ......…………Petitioner Vs. Md. Ruhul Amin and others………………Opposite Parties Judgment November 26, 2008. Result: The Rule is made absolute without any order as to cost. Lawyers Involved: Md. Akteruzzaman, Advocate — For the Petitioner. No one appears — For th..

Category: Procedural Law | Date: | Hits: 133

Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)

.... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......ndent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ...... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......ills and Soap Factory, 51 DLR 323; Burma Eastern Ltd. Vs. Burma Eastern Employees Union, 18 DLR 709; Shafi A. Choudhury Vs. Pubali Bank, 51 DLR 310;Rasheda Begum Vs. MM Nurussafa, 24 BLD (AD) 223. Lawyers Involved: Md. Sakhawat Hossain, Advocate - For the Petitioner. Imam Hasan, Advocate ..

Category: Civil Law | Date: | Hits: 176

Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)

..... Hence, the Rule is discharged. Stay granted earlier by this Court be vacated. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......esult: The Rule is discharged. Administrative Tribunal and its Jurisdiction The Constitution of Bangladesh, 1972 incorporated Article 117 with a non-obstante clause which is to be given full force and effect. Pursuant to the same Administrative Tribunal has been established by the Parliamen....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacated. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......Government of Bangladesh represented by the Secretary, Ministry of Food, 3 BLC (AD) 213; Delower Hossain Mia Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs, 52 DLR (AD) 120. Lawyers Involved: A.M. Mahbubuddin, Advocate - For the Petitioner. Nusrat Jahan Assistan..

Category: Administrative Law | Date: | Hits: 455

Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....s from the places wherein their homesteads are situated considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......te Notification dated 21-8-1989 in respect of the land of plot Nos.84 and 79 and Gazette Notification dated 4th September, 1990 in respect of plot Nos.17 and 117 by which the Government acquired the aforesaid property of the petitioners situated at Mouza-Chakoli, JLNo.214, Police Station Pallabi, Dh......s from the places wherein their homesteads are situated considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......erama Chandra Battacharjee Vs. Secretary, Department of Revenue, 25 DLR 453; East Pakistan Vs. Jogesh Chandra Lodh, 11 DLR (SC) 11; Bangladesh Vs. Nabab Abdul Malik Jute Mills Ltd., 60 DLR (AD) 7. Lawyers Involved: Yousuf Hossain Humayun with JH Afric, Advocates - For the Petitioners (In Writ ..

Category: Property Law | Date: | Hits: 89

Dr. Md. Habibullah Vs. Additional Secretary and Member (Appeal and Revision) and others, 2007, 36 CLC (HCD)

....cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 704. ...... No. 243 dated 27-6-86 (Annexure-H) and SRO No. 161 dated 16-6-88 (Annexure-J), which levied business turnover tax on the Customs Bonded Warehouse of the petitioner were challenged. 2. Short facts for disposal of the Rule are that the petitioner was holding a customs bonded warehouse licence issu......titioner under the licence is not tantamount to business turnover within the meaning of the Ordinance to be levied with turnover tax. 19. It appears that the Ordinance was promulgated by the Chief Martial Law Administrator with a view to impose a new tax namely, turnover tax on the business turno...... Vs. Additional Secretary and Member (Appeal and Revision) and others………..Respondents Judgment May 15, 2007. Result: The Rule is made absolute without any order as to cost. Lawyers Involved: Tanjibul Alam with Abu Khaled Al Mamun, Advocates — For the Petitioner...

Category: Administrative Law | Date: | Hits: 491

Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)

....f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......1881 The Negotiable Instrument Act, 1881, by its nature, is not a cumbersome Act, and the proceeding under section 138, once the offence is admitted, is summary in nature and there is little scope for taking defence……………………………….(17) Cause of action of a Criminal Case ......f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......ela Khatun Vs. Abul Hossain, 48 DLR (AD) 213; A. Qader Chowdhury Vs. The State, 28 DLR (AD) 38; Faruk Ahamed Vs. A. Kader Chowdhury, 38 DLR (AD) 18; Bangladesh Vs. Yeakub Sarder, 40 DLR (AD) 246. Lawyers Involved: J.B.M. Hassan, Advocate, with Md. Azmol Hayet, Advocate - For the accused-petit..

Category: Criminal Law | Date: | Hits: 103

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