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Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)

....3; Mohammad Moslem Khan Vs. Mohammad Mohsin Khan, 7 BLT (AD) 101; Nurul Hossain Vs. Hasan Banu, 35 DLR 28; Faiz Ahmed Vs. Bakhtear Ahmed, 36 DLR (AD) 97; Gobinda Narayan Rao Desai Vs. Vallabhrao Narayatao Desai, AIR 1920 Bom 321; Ghulam Zainab Vs. Tnhirn Sultana, PLD 1977 Lah 492; Kamiruddin Vs. Mok......amiruddin Vs. Moksed Ali, 49 DLR (AD) 14, cited by Mr. MohammadAli receiver was appointed by the High Court Division basically on the ground that earlier the suit land was under a receiver for a long time. On appeal the Appellate Division held: "The applicant for appointment of receiver of any pr......is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ..

Category: Civil Law | Date: | Hits: 126

Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)

.... The Rule is discharged. Cases Referred to- Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Ajoy Hasia Vs. Khaled Mujib, AIR 1981 (SC) 487; Shafiuddin Ahmed Vs. Bangladesh, 47 DLR 81; Administrative Tribunal Vs. Muklesur Rahman, 36 DLR 71. Lawyers Involved: Amirul Islam with Shafique Ah......who are junior to him to the post of Assistant General Manager excluding him though he had excellent performance for the last 8 years as per the ACR and he was recommended for promotion at least four times in the ACR by his superior officers. His further grievance is that he successfully completed s......t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ......t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ..

Category: Employment/Service Law | Date: | Hits: 194

Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)

....san J Md. Tafazzul Islam J Gazi Jashimuddin……………Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh, Bangladesh Secretariat, Dhaka & others……………Respondents Judgment November, 1997. Result: The Ru......t is definitely entitled to be satisfied about a candidate possessing a clean record, his loyalty to the country, personal integrity and discipline and may make necessary verification but at the same time should always be careful not to violate one’s fundamental right. We have already observed tha...... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ...... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ..

Category: Employment/Service Law | Date: | Hits: 194

State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)

.... Case is also Reported in: 16 MLR (HCD) (2011) 516. ......n 2.6.1998 the informant was informed by his nephew Mominul Islam Mamun that some boys of Uttar Kazla kidnapped Rony from the Kazla road but it is apparent from the averment of the F.I.R. that at the time of lodging the F.I.R. at about 11-45 P.M. on that date the informant having heard of the occurr......fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ......fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ..

Category: Criminal Law | Date: | Hits: 98

Ali Hossain and others Vs. State & others, 1984, 13 CLC (HCD)

....igh Court Division (Criminal Revisional Jurisdiction) Present: Md. Habibur Rahman J Syed Mohammad Ali J Ali Hossain and others..............................Petitioners Vs. The State & others …………………………………………Respondent Judgment January 1......possession of accused petitioner Ali Hossain. After the informant lodged the F.I.R. G.R. Case No.763 of 1979 was star­ted. The Police submitted charge sheet against the accused persons. 3. At the time of trial all the accused persons stood charged under section 379 of the Penal Code. Accused Ali......o be Additional Sessions Judge, Patiya, Chittagong in Criminal Motion No.973 of 1982 is set aside. Syed Mohammed Ali J.—I agree. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 111. ......o be Additional Sessions Judge, Patiya, Chittagong in Criminal Motion No.973 of 1982 is set aside. Syed Mohammed Ali J.—I agree. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 111. ..

Category: Procedural Law | Date: | Hits: 130

Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)

.... Others. ..............................................Opposite Parties Judgment February 6, 1984. Result: The Rule is made absolute. Cases Referred to- Md. Mostafa Mondal Vs. The State, 35 DLR 362; East End Dwelling Co. Ltd Vs. Finsbury Borough Council, 1952 AC 109. Lawyers Inv...... revisional powers. In Biswas's Encyclopaedic Law Dictionary, the word "deemed" has been given the fol­lowing legal meaning:-"Deem." The word "deemed" is used a great deal in modern legislation. Sometimes, it is used to impose for the purposes of a statute an artificial construction of a word or ph......udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ......udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ..

Category: Procedural Law | Date: | Hits: 116

Md. Siddiqur Rahman and others Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others, 2012, 41 CLC (HCD)

....mad Bazlur Rahman J Md. Ruhul Quddus J Md. Siddiqur Rahman and others ...Petitioners Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others ...Respondents Judgment November 14, 2012. Result: The Rul...... took up a scheme for rehabilitation and assistance of the freedom fighters who were injured in the war of liberation by payment of state honorarium. The petitioners applied to the Trust at different times in between 1997-1998 for enlistment as disable freedom fighters. The authority after proper sc......n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 237

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

....s Case is also Reported in: 16 MLR (HCD) (2011) 483. ......, so far as it relates to the condemned prisoners Rokeya, Shahidul and Kamal, is not sustainable in law. Mr. Sircar, lastly, entreats that the condemned prisoner Rokeya was aged about 18 years at the time of the alleged occurrence and the condemned prisoners Rokeya, Shahidul and Kamal have been in t......›à§‡à¥¤ 40. Admittedly, there is no eye witness in this case. The prosecution case rests on the judicial confessions of the two condemned prisoners and some circum­stantial evidence including the recoveryof 3 blood stained knives with iron "bat" measuring 9V&? each in length, one blood stain......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ..

Category: Criminal Law | Date: | Hits: 99

Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)

....……Petitioner Vs. Ruhul Amin and others………………Opposite Party Judgment August 2, 1998. Result: The Rule is made absolute. Lawyers Involved: Mujibur Rahman, Advocate ‑ For the Petitioner. Md. Ruhul Amin, Advocate ‑ For the Opposite Party Nos. 1, 3 & 6......victim) wife P.W.3 Fatema Khatun, and sister Jyostna came there and then accused Delu assaulted his mother with kata, accused Darog Ali, Anwarulla and Shafiullah also assaulted his mother. In the meantime many persons came there. Then the accused took shelter in the house of Mojibul Hoque. They were......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ..

Category: Criminal Law | Date: | Hits: 76

Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)

..... Cases Referred to- Akhlasur Rahman and others Vs. Safurulla and others, 14 BLD (AD) 20; Maulana Abdul Karim Vs. Nurjahan Begum and others, 38 DLR 361. Lawyers Involved: Osman Gani, Advocate ‑ For the Petitioner. Syed Mahmud Hossain, Advocate ‑ For Opposite Parties. Civil Revi......ment cost or on the point of estoppel, waiver and acquiescence and hardly any evidence was led to substantiate the same, there is no scope for the petitioner to agitate these new points for the first time before this Court exercising revisional power. 8. I have gone through the impugned judgments......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ..

Category: Property Law | Date: | Hits: 91

AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)

.... Judgment March 23, 2011. Result: The Rule is discharged. Case Referred to- Habibur Rahman Vs. Mobarak Ali, 3 MLR 1998 207 = 50 DLR 55. Lawyers Involved: Md. Sirajul Huq, Advocate - For the Petitioners.  Khair Ezaz Masud with ATM Obaidul Hussain, Advocates - For the O......he plaint to his grandsons and son's wife at a consideration of Taka 2500 and according­ly executed a sale deed on 8-5-1971 and delivered the said land to the plaintiffs on 15-8-1996 and that at the time of taking accounts of lands in between the plaintiff No.1 and defendant No.1, it was dis­close......al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ......al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ..

Category: Procedural Law | Date: | Hits: 110

Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

....Amir Hossain………………………………Opposite Party Judgment May 31, 1983. Result: The rule is made ab­solute. Cases Referred to- L.R.C. Vs. Duke of Westminster, 36 A.C. at page 1; Muhammad Swaleh and another Vs. Messers United Grain & Fodder Agen­cies, 16 DLR (SC)...... provides a limi­tation of three years for an application, but even that Article will not stand in the way of the exercise of revisional power for these powers can be exercised suo motu. At the same time it should be remembered that the respondents had themselves approached the High Court in the ex......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ..

Category: Trust/Waqf Law | Date: | Hits: 134

Nazmul Hossain (Md.) Vs. State, represented by the Deputy Commissioner, Patuakhali and others, 1992, 21 CLC (HCD)

....996) 417. ......ed from the market and cost, of transport and traveling expenses. He further stated before police on inquiry that he was satisfied that there is no medicine in stock at the Veterinary Hospital at the time. The complainant also filed a petition to the investigation officer to that effect, yet the ins...... the charge as leveled against him. The accused is to be discharged from his bail bond immediately. Communicate this order at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 417. ...... the charge as leveled against him. The accused is to be discharged from his bail bond immediately. Communicate this order at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 417. ..

Category: Criminal Law | Date: | Hits: 84

Rezaul Karim Vs. Rashida Begum and another, 1995, 24 CLC (HCD)

....95. Result: The Rule is discharged. Cases Referred to- 42 DLR 450; 47 DLR 18; 1971 SCMR 150; PLD 190 SC 197; PLD 1969 SC 187; 1971 SCMR 150. Lawyers Involved: Syed Ziaul Karim, Advocate ‑ For the Petitioner. Md. Abdur Rouf, Assistant Attorney‑General ‑ For the State. Cr......3 of the Family Courts ordinance runs as follows: "Ordinance to override other Laws.- The provisions of this Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force". 7. According to Mr. Syed Ziaul Karim, the effect of section 3 is that it ov......87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ......87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ..

Category: Family Law | Date: | Hits: 133

Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)

....this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ...... on 7‑6‑1990 without any further intimation to the defendants. The defendant appellant received the notice from the Advocate Commissioner on 21‑9‑1991 wherefrom he came to learn for the first time that the suit had been decreed ex parte on 7‑6‑90. The appellant thereafter filed an applic...... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ...... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ..

Category: Procedural Law | Date: | Hits: 88

Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

.... Wahidullah Majumder…………………………Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Finance, Internal Resources Division, Bangladesh Secretariat, and others………………..Respondent Judgment March 19, 1997. Result: The Rule i......edule to the VAT Act, 1991 (Act No. 22 of 1991). The petitioner protested directly and also through the C&F Agent. The Collector of Customs, Chittagong, however, continues collecting VAT for some time on the basis of a notification published in a local daily 'Dainik Azadi' Chittagong on 4‑7‑......d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ......d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ..

Category: Administrative Law | Date: | Hits: 192

Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)

....Mohammad and others………………………Opposite Parties Judgment March 20, 1997. Result: The Rule is made absolute. Lawyers Involved: Sultan Ahmed with Malik Syed Ahmed, Advocates ‑ For the Petitioners. Akram Hossain Amin, Advocate ‑ For the Opposite Parties. Civil......gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ......riefly stated, the facts for disposal of the this Rule are, that the plaintiff (petitioner) filed OC Suit No.323 of 1974 against the defendant opposite party Nos. 1‑4 for a declaration of title and recovery of khas possession after evicting them from the suit land. The said suit was dismissed on 2......gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ..

Category: Property Law | Date: | Hits: 77

Bazlur Rahman Sikder Vs. Tahera Begum Shamima, 1998, 27 CLC (HCD)

.... Bazlur Rahman Sikder………………………Petitioner Vs. Tahera Begum Shamima………………………Plaintiff‑Opposite Party Judgment July 26, 1998. Result: The application is summarily rejected. Cases Referred to- Kuppala Krishtappa Vs. Premaleelamani, AIR (29......b‑Divisional Officer at Bogra, and when she was living as wife of the petitioner, she came to know that he had his first wife alive with four children, which had been kept concealed from her at the time of the marriage. She lived with the petitioner as his wife for 17 years and they have two sons ......f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ......f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ..

Category: Family Law | Date: | Hits: 136

Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

.... Customs and others…………………………..Respondents Judgment June 10, 2010. Result: The rule is made absolute in part. Cases Referred to- Intertek Testing Services International Limited Vs. National Board of Revenue, 55 DLR 691; Chemico Laboratories Ltd. Vs. Government ...... The petitioner submitted its VAT return in the month of September, 2003 to December, 2004 by filling up the VAT identification number box as আবেদিত (Applied). 6. During this period of time respondent No.6 did not object to such submission of VAT return by the petitioner. 7. It is ...... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby dis­charged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ...... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby dis­charged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ..

Category: Fiscal/Taxation Law | Date: | Hits: 168

Masum and others Vs. State, 2009, 38 CLC (HCD)

....if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ......1. However, during his cross examination, he has asserted that the place of occurrence were near to Jame Ulom Madrasha which was next to building No.18 and that there were other people present at the time of occurrence. He, during his cross examination, admitted that he did not know the addresses of...... admits that he had prepared the seizure list before­hand and sum up, arguing that, the prosecution evi­dence considered in its entirely, is contradictory and cast a serious doubt as to the fact of recovery of any arms or ammunitions as alleged and that the prose­cution have failed to prove its c......ng with Mr. Mohammed Md. Jashimuddin and Mr. Aminul Islam, Advocates, appearing for the convict-appellants mainly submits that, none of the seizure list witnesses were examined to prove recov­ery of arms and ammunition from the possession of the convict-appellants, as alleged in the FIR. Then, refe..

Category: Criminal Law | Date: | Hits: 75