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Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... Mr. Pratikar Chakma. the learned Assistant Attorney-General on the other hand, opposes the Rule contending that indenting firm (Indenting Sangstha) has been defined in the SRO No.202 dated 10-6-2010 published in the Gazette Notification under VAT Act 1991 giving the meaning and an explanation of In...... object to promote, protect and safeguard the interest of the indenting Agent in Bangladesh. The Government promulgated the importers, Exporters and Indentors Registration Order, 1981 and in the said order Article 2 defines meaning of indentors which includes a firm, institution, body, organization,......e observations, this Rule is dis­posed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ......e Court High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Bangladesh Indenting Agent Association and another.............Petitioners Vs. Bangladesh and others................Respondents Judgment April 10, 2012. ..

Category: Fiscal/Taxation Law | Date: | Hits: 51

Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)

....ngal State Acquisition and Tenancy Act and as such is not acquirable under the provisions of the said Act. It was further case of plaintiffs that no compensation assessment roll has been prepared and published in respect of the suit land and as such the order of acquisition is illegal, void and not ...... Parties.   Civil Revision No.806 of 1979. Judgment Abdul Matin Khan Chowdhury J.- This rule was issued calling upon the Deputy Commissioner Jessore to show cause with the Judgment and order passed by the learned Subordinate Judge, Jessore on 18.6.79 in Misc. Appeal No.6/79 affirming ......er as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ...... High Court Division (Jessore Bench) (Civil Revisional Jurisdiction) Present: Abdul Matin Khan Chowdhury J Shamsur Rahman Khan & others…………………………………Petitioners Vs. Govt. of Bangladesh, re­presented by the Deputy Commissioner, Jessore & anothe..

Category: Property Law | Date: | Hits: 19

Abdul Hamid others Vs. Abul Hossain Mir, being dead, his heirs: Abdus Sobhan Mir & others, 1983, 12 CLC (HCD)

.... I do not find any error of law or of procedure in the Judgment. This appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 295. ......ions of the learned Advocate for the appellants appear to be without any substance. I do not find any error of law or of procedure in the Judgment. This appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 295. ......er as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 295. ......ies. The plaintiffs have further alleged that C.S. dag Nos.100 and 101 have been wrongly recorded in the suit khatian No.146 and that these two plots have been acquired by the sons of Jamiruddin from one Barkat by a kabala dated 24th Ashar 1306 B.S. and these plots have been wrongly recorded in the ..

Category: Procedural Law | Date: | Hits: 25

Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)

....-Divisional Office (South), Dhaka on 03.12.1973 to release the same and paid Municipal Taxes up to 1973. Subsequently, the case property was enlisted in 'Ka' list of the abandoned property, which was published in Bangladesh Gazette on 23.09.1986. Consequently, the petitioners and other co-sharer fil......lur Rahman (Helal), Advocate - For the Respondents. Writ Petition No.7913 of 2007. Judgment Mir Hashmat Ali J.- This Rule nisi was issued calling upon the Respondents to show cause as to why order dated 17.05.2006 passed by the First Court of Settlement, Dhaka in Case No.362 of 1989 dismiss...... date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ......Hashmat Ali J Md. Nuruzzaman J Md. Arif Hossain, Son of Late Noor Hossain, Village-Amirabad, Police Station-Keraniganj, District-Dhaka and others……………………………………Petitioner Vs. Bangladesh, Represented by the Secretary, Ministry of Works, Government of Banglades..

Category: Procedural Law | Date: | Hits: 24

Bangladesh Environmental Lawyers Association (BELA) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... system of the concerned area intact and that no other Ministry shall have any say in this regard. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 185. ......hanized excavators had been causing to the once pristine area of Jaflong. On the face of such public protests and media coverage, Respondent No.5 at a meeting held on 1.2.2009 prohibited till further order, the use of excavator machines in areas adjacent to the above rivers flowing through Bholaganj...... Ministry shall have any say in this regard. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 185. ...... (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Bangladesh Environmental Lawyers Association (BELA)………………………………..Petitioner Vs. Government of Bangladesh and others…………………………………Respondent ..

Category: Environmental Law | Date: | Hits: 362

Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)

....or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......€¦â€¦â€¦.Plaintiff-Petitioner Vs. Abu Sayed and others……………………………….Defendant Opposite-Parties Judgment March 29, 2006. Result: The Rule is discharged. In order to get an injunction the applicant has to show that she has a prima-facie case to go to the tr......HCD) (2009) 471. ......71. ..

Category: Procedural Law | Date: | Hits: 26

Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)

....trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ...... of 2004 under Sections 448/385/427/506 of the Penal Code pending before the Sessions Judge, Comilla shall not be transferred to the Court of Sessions Judge, Brahmanbaria and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Mr. Rafi Ahmed, the learned A......f issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ...... 270. ..

Category: Criminal Law | Date: | Hits: 18

Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)

....r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ...... Kotwali Police Station Case No.69 dated 27.12.2000, corresponding to G.R. No.697 of 2000 now pending in the Court of Magistrate, 1st Class, Barisal should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. One Iqbal Kabir lodged an ej......rder to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ......(2008) 261. ..

Category: Criminal Law | Date: | Hits: 24

Moinuddin & others Vs. State, 2007, 36 CLC (HCD)

....ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ......l Appeal No.361 of 2003 against his death penalty. The convict Habibur Rahman preferred Jail Appeal No.497 of 2003 and convict Harun preferred Criminal Appeal No.2140 of 2003 against the Judgment and order of conviction and sentence dated 27-5-2003 passed by the learned Additional Sessions Judge, 3r...... Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ...... High Court Division (Criminal Appellate Jurisdiction) Present: Md. Ali Asgar Khan J Sheikh Abdul Awal J Moinuddin & others…………………………………Condemned Prisoner Vs. State……………………………………Respondent Judgment July 29, 20..

Category: Criminal Law | Date: | Hits: 24

Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)

....t is hereby affirmed. 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: 13 BLC (HCD) (2008) 63. ......m 1-5-1997 to 30-4-1999 and when he came to join the school to his post on 2-5-1999, defendant No.1 informed him that the school committee removed him from his post appointing the defendant No.1 vide order dated 14-6-1997. The plaintiff was thus constrained to institute the suit challen­ging the sa......ostofa and others…………………………………Opposite Parties Judgment September 10, 2007. Result: The Rule is discharged. Case Referred to- Rafiqul Alam Vs. Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, 49 DLR 456. Lawyers Involved......o Reported in: 13 BLC (HCD) (2008) 63. ..

Category: Employment/Service Law | Date: | Hits: 29

Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ......d work and final bill for the construction of Equipment Workshop and Garage within Workshop Complex at permanent Port Site, Mongla, Bagerhat already done and com­pleted by the petitioner as per work orders should not be declared to be without any lawful and/or such other or further order or orders ......ompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ......Supreme Court High Court Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Engineer Shaikh Rubaiyet Islam…………………….Petitioner Vs. Bangladesh & others……………………Respondents Judgment April 11, ..

Category: Alternative Dispute Resolution | Date: | Hits: 96

Mark Parco and others Vs. State and another, 2007, 36 CLC (HCD)

....ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ......de pending in the Court of Chief Metropolitan Magistrate, Chittagong. 2. A lengthy complaint was made by the complainant, Maxim Ltd. against the accused petitioners and others alleging that as per order placed by accused No.9, Bugle Bey Industries Inc through L/C No.DC HKH 673495 dated 29.10.2000......s it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ......ion (Criminal Miscellaneous Jurisdiction) Present: Sharif Uddin Chaklader J Sheikh Abdul Awal J Mark Parco, Managing Director APL (Bangladesh) Pvt. Ltd. and others…………….Petitioners Vs. 1. The State……………opposite party 2. Maxim Limited, Taher Chamber, 10-Agr..

Category: Criminal Law | Date: | Hits: 114

Sabina Rahman Mukti and others Vs. State, 2007, 36 CLC (HCD)

.... Case No.52 dated 13.03.2002, now pending in the Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ...... to show cause as to why the proceedings of Kotwali Police Station Case No.52 dated 13.03.2002 pending in the Court of Magistrate, 1st Class, Sylhet should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper 2. The short fact leading to this Ru......he Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ......) 347. ..

Category: Criminal Law | Date: | Hits: 114

Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)

....alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ......amount of Tk. 1,59,252/- by issuing as many as 400 false vouchers aga­inst fake persons during the period of 1979-1983. On 29.12.83 the Chief Metropolitan Magistrate, Chittagong passed the following order. "C.S. No.203 dt. 22.12.83 U/s. 408/467/468/420/109 PC. & Sec. 5(2) of Act 11/47 received a......ation is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ......tagong Bench) (Criminal Revisional Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Md. Rafiqullah & another………………………………Petitioners Vs. The State………………………………Opposite Party Judgment January ..

Category: Criminal Law | Date: | Hits: 144

Sheringir Mollah and others Vs. State, 2006, 35 CLC (HCD)

....tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ......ellants namely (1) Sherengir Mollah, (2) Manjur Mollah, (3) Jhantu Mollah, (4) Mintoo Mollah, (5) Safrul Mollah,(6) Akram Mollah and, (7) Dabir Fakir have challenged the propriety of the Judgment and order dated 04-03-1992 passed by the learned Sessions Judge, Bagerhat in Session Case No.01 of 1991 ......end down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ...... The State………………….Respondent Judgment February 8, 2006. Result: The appeal is allowed. Case Referred to- State Vs. Makbul Hossain, 37 DLR 156. Lawyers Involved: None appears - For the appellants. Sheikh Rezaul Karim, Assistant Attorney General - For the resp..

Category: Criminal Law | Date: | Hits: 127

Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)

....Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ...... of 2002. Judgment Siddiqur Rahman Miah J. - This Criminal Appeal under section 30 of the Special Powers Act, 1974 at the instance of Yunus Ali and Shawkat are directed against the judgment and order dated 16-9-2002 passed by the Special Tribunal No. 2, Khulna in Special Tribunal Case No. 319 ......eriod of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ...... of Taka 5000 in default to suffer rigorous imprisonment for 6 (six) months more. 2. The prosecution case, in short, is that the informant Khondaker Md. Iqbal, Assistant Police Super, CID, Khulna Zone, Khulna lodged a first information report with the business in Khulna Town; that as per the said..

Category: Criminal Law | Date: | Hits: 134

Akhtaruzzaman Akhtar Shah (Md.) Vs. State, 2011, 40 CLC (HCD)

....ve the Rule is dis­charged. The order of stay granted earlier stands vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 442. ......rty No.1.  None appears - For the Opposite Party No.2 Criminal Revision No.1163 of 1993. Judgment Syed Md. Ziaul Karim J. - By this Rule, the accused-petitioner seeks quashing of the order dated 21-6-1993 passed by learned Additional District Magistrate, Dinajpur, in Case No.9-C of ...... granted earlier stands vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 442. ......preme Court High Court Division (Criminal Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J ANM Bashir Ullah J Akhtaruzzaman Akhtar Shah (Md.)..................Accused Petitioner Vs. State....................Opposite Parties Judgment March 10, 2011. Result: ..

Category: Criminal Law | Date: | Hits: 126

Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)

....ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......d land they have already applied before the proper authority but the authority was not in a position to make over posses­sion of the remaining part of the land leased out in their favour owing to an order of injunction granted by the Court, therefore, defendant Nos.8-10 prayed for dismissal of the ......e. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......learned Sub-ordinate Judge, now Joint District Judge, Arbitration Court, Dhaka decreeing the suit for Specific Performance of Contract. 2. Facts, in a nutshell, giving rise to this appeal are that one Nazar Ali the predecessor of the defendant Nos.1-12, was allotted two re-habilitation Plots bear..

Category: Civil Law | Date: | Hits: 133

Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)

....m by the Central Government issued on 3rd December, 1965 an omnibus notification being No.1199-Gen. of that date under sub-rule 1(b) of Rule 182 of the Defence of Pakistan Rules. The notification was published in the Dhaka Gazette Extra-Ordinary on 04.13.65 and it runs thus:- "Whereas the Centra......elf in law in taking the view that Article 14 of the Limitation Act shall apply to the facts and circumstances of the case. According to him, Article 14 has application to a suit for setting aside an order and it has no applicabi­lity to a suit for declaration. He has, therefore, submitted that the......The State & others……………………………………………………Opposite-Parties Judgment September 17, 1986. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. AKM Razaul Karim, 21 DLR (Dhaka) 493; Bangladesh Enemy Property Management......Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Sunil Kumar Ghosh & others………………………………………Petitioners Vs. The State & others……………………………………………………Opposi..

Category: Property Law | Date: | Hits: 64

Sree Samir Kumar Nath and Others Vs. Government of the People’s Republic of Bangladesh and another, 2012, 41 CLC (HCD)

....২০০১ provides abatement of suits or proceedings claiming title to any vested property or any proceedings for release of the same pending before the Custodian of Vested Property on the date of publishing the list of vested property in official gazette. The present case is a simple suit for pe...... its form; whether it was barred by limitation; whether the plaintiffs had any right, title and possession over the suit land; and whether they were entitled to get any relief as prayed for. 4. In order to prove their case the plaintiffs examined three witnesses including plaintiff No.1 Samir Kum...... Courts’ records. Ed. This Case is also Reported in:  ......l Revisional Jurisdiction) Present: Md. Ruhul Quddus J Sree Samir Kumar Nath since deceased substituted by his heirs Shimul Debnath and Others...........................................Petitioners Vs. Government of the People’s Republic of Bangladesh represented by the Deputy Commis..

Category: Property Law | Date: | Hits: 57