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

....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   ......cation, marriage, child-birth and to meet many other urgent problems etc, that can ruin a family. Therefore, cost should be awarded in this case. We do not find any merit in this Rule for the reasons recorded above. (underlining is our's). 16. In view of the above recorded deliberation......  This Case is also Reported in: 68 DLR (HCD) (2015) 228   ......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

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

....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 ......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 ......ce. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ......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)

....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   ......lead against the accused of the case and during the examination of the condemned-prisoner under section342 of the Code of Criminal Procedure after drawing his attention on the aforesaid evidence recorded his (the condemned-prisoner Golam Rabbani) reply. 28. Analyzing the case record it fur......s. Md. Golam Rabbani………………Respondent  Judgment December 6, 2016 Result: The Death Reference No.48 of 2010 is accepted. The Criminal Appeal is dismissed. Evidence Act (1 of 1872); Section 106 Section 106 of t......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

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

..... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81   ......d that the petitioner's father Khalilur Rahman Chowdhury died on 23-2-2006 and the suit was instituted after 5 (five) years of her father's death. The petitioner was not and till now is not a recorded shareholder of the Company. Out of 23,100 shares issued to Late Khalilur Rahman Chowdhury i......o Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81   ....... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81   ..

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

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

....onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby main­tained. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 295     ......e time of the incident Fazlul Qader Chowdhury's son Salauddin Qader Chowdhury accompanied the army. They also damaged their house by fire. 30. P.W. 41 Mohammad Nurul Islam stated that he had recorded the statement of Jyotsna Bala Chowdhury on 24th September, 2010, in course of investigation......, 3, 4, 5, 6, 8, 17 and 18 are hereby main­tained. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 295     ......onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby main­tained. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 295     ..

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)

....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   ......be continued from day to day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the hearing beyond the following day to be necessary for reasons to be recorded. (3) Notwithstanding anything contained in sub-rules (1) and (2), the Court shall not ........Appellants Vs. Madris Ali Saha and Others…………….............Respondent Judgment June 29, 2015 Result: Rule is made absolute. Setting aside the Ex-Parte Decree under Sub-Rule 7 of Rule 1 of Order XVII— If any ......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)

....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.   ......Azizul Huq Chowdhury along with four brothers including the predecessor of the petitioner Obaidul Huq Chowdhury got 88 decimal of land and Shamsul Huq Chowdhury got 30 decimal of land which correctly recorded in SA khatian No. 629. On the other hand, SA khatian Nos. 333 and 334 were prepared in resp......by abusing his official power. No order as to cost. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 173.   ......r 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 Bangladesh; that CS khatian No. 611 of Ramnagar mouza under Daganbhuiyan PS was prepared in the name of Badsha Mia, Lal ..

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

Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)

....rial court without appreciating the evidence on record, exhibited documents and plaintiff's case dis­missed the suit. He draws our attention to the ground No.14, and submits that the suit was wrongly dismissed on the finding that it was bad for defect of parties. He submits that the heirs of...... server clearly showed that summons of the suit was served upon defendant No. 3 by hanging and he gave report to that effect. Merely because the fact of service of summons upon defendant No.3 was not recorded in the s order sheet, it may be through inadvertence which s did not make the report of the....... This Case is also Reported in: 67 DLR (AD) (2015) 266. ......osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ..

Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12

Sarwar Alam Chowdhury Vs. Government of the People’s Republic of Bangladesh & others, 2015, 44 CLC (HCD)

....s to costs. Send down the record of the Court of Settlement. Communicate the judgment to respondent No. 1 at once. Zinat Ara J.- I agree. Ed. This case is also Reported in: ......sale deeds from Md. Ehsanul Hoque and since the date of purchase the petitioners are paying all rent, taxes, bill etc. to the Revenue Office, WASA, DESA and City Corporation and their names were duly recorded in the Government Revenue Office and in the recent land survey conducted by the Government ......lement. Communicate the judgment to respondent No. 1 at once. Zinat Ara J.- I agree. Ed. This case is also Reported in: ......s to costs. Send down the record of the Court of Settlement. Communicate the judgment to respondent No. 1 at once. Zinat Ara J.- I agree. Ed. This case is also Reported in: ..

Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35

Anwarul Islam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Education and Others. 2015, 44 CLC (HCD)

....cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine. Ed.   This Case is also Reported in: 15 BLC (HCD) (2010) 349   ......ous matter (i.e. letter dated 22-9-2014, Annexure-1) and in clear violation of her authority entrusted under sub-regulation (3) of regulation 5, which was mandatory on her part to follow. 12. As recorded hereinbefore, in making this unlawful/illegal appointment, the respondent No. 2 has relied ......airman and exempt her from imposing any fine. Ed.   This Case is also Reported in: 15 BLC (HCD) (2010) 349   ......cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine. Ed.   This Case is also Reported in: 15 BLC (HCD) (2010) 349   ..

Category: Administrative Law | Date: 26 May, 2015 | Hits: 1

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

....d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185.   ......tracting 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 sexual molestation,......Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185.   ......d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185.   ..

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)

.... 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: ......iple provided in section 367(5) of the Code of Criminal Procedure as stood in India by amendment by Act XXVI of 1955, to award a sentence of death was the normal and a life sentence for reasons to be recorded in writing. This provision was done away by the new Code of 1973, the corresponding provisi......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: ...... 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)

....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: ......d in section 367(5) of the Code of Criminal Procedure as stood in India by amendment by Act XXVI of 1955, to award a sentence of death was the normal and a life sentence for  reasons to be  recorded in writing. This provision was done away by the new Code of 1973, the corresponding provisi...... under a sentence of life imprisonment. Ed. This Case is also Reported in: ......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)

....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   ......s, 1955 to adjudicate the appeal cases which had earlier been heard and disposed of under the provisions of rule 31. It appears that the petitioners got settlement of the land in question from the CS recorded tenant i.e. Bhawal Raj Court of Wards Estate under six settlement cases. Initially they pai......hs from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37   ......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)

....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   ......erence is to be made with the order of acquittal unless the approach made by the lower Court to the consideration of the evidence in the case is vitiated by some manifest illegality or the conclusion recorded by the court below is such which could not have been possibly arrived by any court acting r......cial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376   ......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

Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)

....e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......te a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ..

Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10

Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

...., quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......charge No.3 as no charge for rape as Crimes Against Humanity was framed against him, v the claim that Exhibit –A (published in February, 2012), which recorded the events of the charge No.3, as made by P.W. 11 and 13 was motivated and could not be tru......e limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......, quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ..

Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60

Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)

....from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......d her father. Then, her husband (the accused) throttled her and her father got her treated and she gave birth to a child at 3 o'clock in the night (in the deposition sheet, in Bangla, it has been recorded as — “বাবা স্বামীকে ১০,০০০ টাকা ......d be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ..

Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ......ny authority to which he may be sub­ordinate, or by any Magistrate of a district with­in the local limits of whose jurisdiction the holder of such licence may be, when, for rea­sons to be recorded in writing, such officer, authority, Magistrate deems it necessary for the security of the ......ed to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ......o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23

Astech Limited, represented by its Managing Director Mr. Ali Ahmed, 175, Jubilee Road (1st floor), Chittagong, Bangladesh Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....of the Assessee-applicant. 9. The learned Advocate Mr. Sarder Jinnat Ali further argued that the distribution of sample is an expenditure, but the DCT concern did not allow the same in full, but wrongly relying upon rule 65 of the Income Tax Rules 1984 allowed in part, which not being lawful, t......ed in negative and in favour of the Assessee-applicant. However, there shall be no order as to costs. Md. Emdadul Haque Azad J: I agree. Ed. This Case is also Reported in: ...... However, there shall be no order as to costs. Md. Emdadul Haque Azad J: I agree. Ed. This Case is also Reported in: ......ed in negative and in favour of the Assessee-applicant. However, there shall be no order as to costs. Md. Emdadul Haque Azad J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1