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Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)

....nal Procedure along with the materials on record and have also consulted the decisions cited as well as other decisions having relevance for disposal of this Rule. 7. The complaint case has been stated in brief herein above and need not be repeated. 8. Having examined the entire proceeding......e of issuance of the Rule shall stand vacated. Let a copy of the judgment be sent to the court concerned. Ed.  This Case is also Reported in: 68 DLR (HCD) (2015) 228   ..

Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23

Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)

....able passport to the petitioner, the petitioner has moved this Court and obtained the instant Rule Nisi. 3. Respondent No. 2 entered appearance by filing affidavit in opposition controvating the statements made in the writ petition. The case of respondent No.2 in short, is that, the status of t......seven) days from the date of receipt of a copy of this judgment. There is, however, no order as to costs. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 150   ..

Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1

Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)

....se and, as such, the case was bad for defect of par­ties. Finally, the learned Advocate submits that the petitioner never approached before the Court with clean hands, who made self contradictory state­ments as witness in 2 cases namely Title Suit No. 174 of 1976 and Miscellaneous (preemptio......sed without any order as to cost. Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ..

Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36

State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)

....der section 302 of the Penal Code corresponding to Kahalu Police Station Case No.12(1)08 and GR No. 12 of 2008. 2. The prosecution case, as made out in the ejahar, in a nutshell can be stated thus, one Md. Sirajul Hoque, son of late Khorshed Ali of village-Bamuja under PS Kahalu of Di......this judgment and order to the learned trial court concerned immediately for information and necessary action. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 167   ..

Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6

Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)

....ath penalty may not be a time barred punishment in some frightful areas of barbarous murder. Illustratively, the Court has mentioned that the brutal features of the crime and the hapless and helpless state of the victims. Although many countries have abolished death sentence, the capital punish......has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ..

Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111

Hazi Abdul Late Vs. Abu Naseruddin and Others, 2015, 44 CLC (HCD)

....te of knowledge in the first part of January, 1993. 4. Mr. Syed Ridwan Hossain, learned Advocate, appearing for the pre-emptee petitioner, submits that, the depositions of the witnesses and also statement in the petition for pre-emption cannot be given a different meaning by swearing-affidavit ...... The order of stay granted earlier by this court is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 171   ..

Category: Procedural Law | Date: 10 Sep, 2015 | Hits: 1

Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)

.... "the Adalat") rejecting the petitioner's application dated 15-1-2014 for striking out her name as a defendant from the plaint of the suit. 2. Succinctly, the facts of the case, as stated in the writ petition, are that the petitioner is the daughter of late Khalilur Rahman Chowdhu......he daughters of the mortgagor who died in the year 2006 and, all of them being Muslim, with the death of their father the provisions of Mahomedan Law comes in operation to regulate all the post-death affairs of the deceased, including preparing an assessment of the wealth left by the deceased, distr..

Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4

Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)

....oner completed under Self Assessment Scheme. Signing Money: 7. Now, coming to the next point, namely the issue of 'signing money'. It has now become prevailing practice in the real estate business in Bangladesh that an owner, while entering into a Joint Venture Agreement with the p......land' with a developer company allowing it to construct building on the land owner by the person under the agreement and gives the developer company 'Power of Attorney' to conduct all the affairs of construction and sell of the flats to the public at large and receives money from the dev..

Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2

The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)

....o decide such constitution of Benches. 7. A lawyer should not forget that his own dignity as a lawyer obliges him to place before the Court in the traditional language of courtesy that is due to statement is made to scandalize a Judge or Court by imputing to him motive or judicial dishonesty. H......sand) each to be contributed to two charitable organizations within one week from date, failing which, they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ..

Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97

Salauddin Qader Chowdhury Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh, 2015, 44 CLC (AD)

....P.W.22). In support of charge No. 6 it has examined Serajul Islam @ Seru Bangalee (P.W. 3), Abbas Uddin Ahmed (P.W.7), Sujit Mohajon (P.W. 31), Basanti Ghosh (P.W. 33), Chapala Rani (P.W. 37) and the statement of Janoti Bala Pal, exhibit 96. In support of charge No. 7 it has examined Serajul Islam @......utan Chandra Singha. He stated that as Hindu joint fami­ly they were living at village Gohira 'Kundeshwari'. He was closely attached to Nutan Chandra Singha and looked after the household affairs. His uncle Nutan Chandra Singha established Kundeshwari Owshadalaya and its factory, a prima..

Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38

Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)

....Kulaura, Moulvibazar for declaration of title and, partition. The summons were duly served upon the defendant Nos.1 and 2 who subsequently appeared before the court and prayed time for filing written statement which was allowed. But ultimately they did not file written statement and also did not app......y granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 44   ..

Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1

Esrarul Huq Chowdhury Vs. Government of the People's Republic of Bangladesh and Others, 2015, 44 CLC (HCD)

....ot be declared to have been made without any lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. It has been stated in the writ petition, amongst other, that the petitioner is a law abiding citizen of Banglade......n that he should refrain from doing any illegal activities by abusing his official power. No order as to cost. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 173.   ..

Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1

Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)

....t Division and obtained Rule Nisi in Writ Petition No. 8493 of 2006. 6. The writ-respondent Nos. 6 and 7 filed separate powers but no affidavit-in-opposition was filed controverting the material statements made in the writ petition. 7. The learned Judges of the High Court Division upon hea......d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292.   ..

Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5

Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)

....d 13-9-2002 attracting section 9(1)/30 of Act VIII of 2000 was set on motion nominating Sanjay Kumar Biswas and his parents as accused. During investigation witnesses were examined, Malati Rani's statement was recorded under sec­tion 22 of the Act, her physical condition regard­ing sexua......ontext to the grounds of appeal and the arguments raised by the learned advocates for the respective parties. Respecting the allega­tion that over the period Romeo, Sanjay tried to establish love affairs and physical relationship with Malati seems to have been omitted in evi­dence. Malati Ra..

Category: Women and Children | Date: 5 May, 2015 | Hits: 3

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others, 2015, 44 CLC (AD)

.... though it result in ‘ill- advised, unequal, and oppressive legislation remedies   are not required by the 14th Amendment, nor the crudeness nor the impolicy nor even the injustice of state laws redressed by it.” 13. According to the learned counsel, though deprivation of ...... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Shafiqul Islam & Others, 2015, 44 CLC (AD)

....squo;ill-advised, unequal, and oppressive legislation Exact wisdom and nice adaptation of remedies are not required by the 14th Amendment, nor the crudeness nor the impolicy nor even the injustice of state laws redressed by it.” 13. According to the learned counsel, though deprivation of ......ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86

Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)

....thers…………….............Respondent Judgment April 30, 2015 Result: The Rule is discharged. Case Referred to- Bhawal Raj Court of Wards Estate represented by its Manager Vs. Rashida Begum, 15 BLC (AD) 115 and Md. Aftab All Sheikh Vs. Dir......est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37   ..

Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4

State Vs. Abdus Salam and others, 2015, 44 CLC (AD)

....িল ডেগার দিয়া কটাই এর মাথার পিছনে ঘাই মারে।” Now let us see whether the medical evidence supports prosecution story as stated or not. It appears from post mortem report (Exhibit 4) of Kotai Miah that the Doctor, holding......urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376   ..

Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10

Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)

.... of Criminal Procedure before this Court. 3. Opposite parties Nos.1, 2, 3, 4, 5 and 7 have filed a counter affidavit wherein they denied the allegations made by the petitioner. The posi­tive statement of opposite parties is that the oppo­site parties have not picked up the husband of th......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbe­fore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ..

Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2

Moinuddin Hasan Rashid Vs. Registrar, Joint Stock Com¬panies and Firms and another, 2015, 44 CLC (HCD)

....upon the hold­ing of such AGM. The cost of this Application shall be borne out of the funds of the Company. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 326   ......l meeting unless faced with impractica­bility in doing so. The purposive aspect of the exercise of this Court's discretion is simply "to allow the company to get on with managing its own affairs and not be frustrated by the impracticality of calling or conducting a meet­ing in the m..

Category: Company Law | Date: 15 Apr, 2015 | Hits: 7