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Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)

....ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ......724 of 1991 (Dhaka) Criminal Appeal No.26 of 1990 (Rangpur). Judgment Muhammad Ansar Ali J.- This appeal at the instance of accused Md. Mostafizur Rahman is directed against the Judgment and order dated 28‑1‑1990 passed by Mr. Md. Abdus Samad, Special Judge, Court No.III, Rangpur in Spe...... records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ......2) of Act II of 1947 and sentencing him to suffer RI for 4(four) years and to pay a fine Taka 2,000.00 in default to suffer SI for 3 (three) months more. 2. The prosecution case, in short, is that one Md. Ismail Mandal (since dead) Deputy Director of Social Welfare Department, Rangpur filed a pet..

Category: Criminal Law | Date: | Hits: 110

Yunus Molla (Md.) Vs. State, 1995, 24 CLC (HCD)

....eeding of the case was stopped and the accused released under section 339C of the Code of Criminal Procedure. Thereafter by order dated 26-2-87 case was revived in pursuance of Ordinance No.3 of 1987 published in the Official Gazette on 20‑1‑87. The case was revived and fixed for appearance of t......ed‑petitioner released. The learned Divisional Special Judge acted illegally in not stopping the proceeding and releasing the accused-petitioner inspite of his filing application for the purpose by order dated 22‑2‑90. 3. It appears from the order dated 10‑12‑86 that the proceeding of t......pecial Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ......1996) 273. ..

Category: Procedural Law | Date: | Hits: 95

Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)

.... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ......…………………………………….(30) In an action in rem under Admiralty Jurisdiction the proceeding is commenced by the arrest of the res, the ship, such arrest is not an interlocutory order………………………………(34) The Admiralty Act, 1861, section 6 In a pure and......tainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ...... of the res, the ship, such arrest is not an interlocutory order………………………………(34) The Admiralty Act, 1861, section 6 In a pure and simple suit for the realisation of the money by an unpaid vendor, admiralty jurisdiction cannot be invoked. To attract admiralty jurisdictio..

Category: Admiralty Law or Maritime Law | Date: | Hits: 258

Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)

....reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ......t sustainable in law. 16. In the result, the Rule is made absolute. The Judgment and decree of the appellate Court are set aside and those of the trial Court are restored. The suit is decreed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of t......ts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ......49 DLR (HCD) (1997) 567. ..

Category: Family Law | Date: | Hits: 122

State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)

....: The Rule is dis­posed of. Suo Motu Rule No.03 of 2008. Judgment Md. Imman Ali J.- On 20-4-2008 Manzill Murshid, learned Advocate of the Supreme Court, brought to our notice a news item published in the Financial Express on Saturday, 19-4-2008 wherein it was reported that a Bangladeshi......e alleged to have assaulted a Bangladeshi-born British citizen namely, Barrister Rezwan Hossain, and why the concerned authorities will not be directed to inquire into and take appropriate measure in order to prosecute those involved in the incident both departmentally and under the penal laws of th......l of the Air Force. With the above observations, the Rule is dis­posed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ......also Reported in: 64 DLR (HCD) (2012) 183. ..

Category: Others | Date: | Hits: 87

Rakibuddin Talukder Vs. Government of Bangla­desh and others, 2009, 38 CLC (HCD)

..... Office is directed to send down the records of this case at once with a copy of Judgment for infor­mation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ......gh Court Division wrongly held that the lower appellate Court had found possession of the plaintiff in the disputed land, as such, Judgment of High Court Division is not sustainable. The Judgment and order of the High Court Division as well as the Judgment and decree of the tower appellate Court are......ary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ...... Reported in: 64 DLR (HCD) (2012) 430. ..

Category: Property Law | Date: | Hits: 76

Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)

....lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ......neral - For the State. Criminal Appeal No.3024 of 1998. Judgment Md. Muzammel Hossain J.- This appeal at the instance of the accused-appellants is directed against the impugned judgment and order dated 10.11.1998 passed by the learned Assistant Sessions Judge, 1st Court, Kishoreganj in Ses......bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ...... appellants under Section 394 of the Penal Code and sentencing them to suffer rigorous imprisonment for 10(ten) years and to pay a fine of Tk. 3,000/- in default to suffer rigorous imprisonment for 1(one) year more. 2. The informant Md. Abu Bakar on 27.04.1.996 at 15:30 hours lodged an ejahar wit..

Category: Criminal Law | Date: | Hits: 83

Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)

.... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......r section 406/420 of the Penal Code pending in the Court of Metropolitan Magistrate, Chittagong, should not be quashed so far as it relates to the accused petitioner and/or pass such other or further order or orders be passed as to this Court may seem fit and proper. 2. The facts leading to filin......ance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......2010) 495. ..

Category: Criminal Law | Date: | Hits: 116

Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)

....s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......ousand) in default of which to suffer further 3 (three) months simple imprisonment and confiscating the foreign currency in favour of the state should not be quashed and/or pass such other or further order or orders as to this Court may deem fit and proper. 2. The accused-petitioner and others we......LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......012) 417. ..

Category: Criminal Law | Date: | Hits: 109

Osarunnessa Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......suing warrant of arrest of the petitioner for realizing all dues and the Court issued warrant of arrest as prayed on 25-1-2011 (Annexure-B and B 1). 4. The petitioner was arrested on 5-6-2008 vide order No.8 dated 3-4-2008 and thereafter on 27-11-2008 the Court released the petitioner since she s......is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......CD) (2012) 417. ..

Category: Civil Law | Date: | Hits: 134

Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)

.... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ......oner. No one – For the Respondents. Writ Petition No.1694 of 1989. Judgment Md. Ruhul Amin J.- Petitioner has obtained this Rule calling upon the respondents to show cause as to why the order dated 28‑11‑89 (Annexure‑E to the petition) passed by Respondent No.1, Administrator of ......ction 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ......7) 427. ..

Category: Trust/Waqf Law | Date: | Hits: 85

Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)

....icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ......ection 4, 5, 8 and 11 of the Ordinance because power and authority of the Director under the Ordinance have been curtailed. Pursuant to impugned Memo Annexure- D, respondent No. 1 refused to pass any order on an application dated 27-1-2009 filed for mutation and endorsement of transfer of the two ve......y after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ......: 61 DLR (HCD) (2009) 769. ..

Category: Civil Law | Date: | Hits: 124

SM Siddiqur Rahman, Advocate Vs. Anti-Corruption Commi­ssion and others, 2011, 40 CLC (HCD)

....he Rule, for, the petitioner is a fugitive from justice. In the result, the Rule is discharged. There will be no order as to cost. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 112. ......ging the impugned Memo dated 18-2-2007 preferred the instant writ petition by giving Power of Attorney to one Advocate SM Siddiqur Rahman without surrendering before the concern Court below. From the order dated 25-4-2007 passed by this Hon'ble Court it appears that pursuant to the impugned Memo Spe......e. In the result, the Rule is discharged. There will be no order as to cost. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 112. ......) (2012) 112. ..

Category: Procedural Law | Date: | Hits: 104

Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)

.... pos­sible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ...... pos­sible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ......or Rahman Mondal, Advocate - For the Petitioner.  No one appears - For Opposite-parties.  Civil Revision No.887 of 2008. Judgment Mamnoon Rahman J.- The certified copy of the plaint of Title Suit No.309 of 2004 and the Order dated 13-8-2005 passed by the Joint District Judge, F......in: 64 DLR (HCD) (2012) 353. ..

Category: Procedural Law | Date: | Hits: 94

Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ......Application No.485 of 2005. Judgment Zinat Ara J.- This reference application under section 160(1) of the Income Tax Ordinance, 1984 at the instance of the assessee-application arises out of an order dated 21-8-2005 passed by the Taxes Appellate Tribunal, Chittagong Bench, Chittagong in Income......istrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ......Court High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Chittagong Dry Dock Ltd………………………….Applicant Vs. Commissioner of Taxes, Taxes Zone-3, Chittagong……………………………Respondent Judgment Ma..

Category: Fiscal/Taxation Law | Date: | Hits: 107

Ful Mia Vs. State, 2004, 33 CLC (HCD)

....un concurrently. 31. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 31. ......eneral - For the State. Criminal Appeal No.2385 of 1998. Judgment Syed Mohammad Ziaul Karim J.- This appeal at the instance of accused appellant Ful Mia, is directed against the judgment and order dated 30.7.1998 passed by the learned Judge of the Special Tribunal No.3, Bagerhat in Special ......urt's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 31. ......ies are of minor character, do not go to the root of prosecution story and do not shake the basic version of the witness they need not be given more importance and their testimony should not be jettisoned…………………………………(28) Evidence of police personnel When there is con..

Category: Criminal Law | Date: | Hits: 79

Neo Mendes and others Vs. State, 2007, 36 CLC (HCD)

....t this rules i.e. Criminal Miscellaneous Case No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ......hittagong. 2. The relevant facts for disposal of these rules, are that, 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 Boy Industries Inc. through L/C No. DC HKH 673495 dated 29.10.20......No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ......) (2008) 300. ..

Category: Criminal Law | Date: | Hits: 70

Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)

.... Whenever it appears to the Deputy Commissioner that any property in any locality is needed or is likely to be needed for any public purpose or in the public interest, he shall cause a notice to be published at convenient places on or near the property in the prescribed form and manner stating tha......0 days, notice for payment of compensation was served upon the petitioner. So, there was no violation of section 7(4) of the Ordinance and there is no cause for abatement of the proceedings. 6. In order to appreciate the submissions advanced by the learned Counsels, we have gone through the writ ...... lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ......HCD) (2008) 39. ..

Category: Property Law | Date: | Hits: 62

Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)

....k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ...... Respondent.  First Miscellaneous Appeal No.162 of 2000 with Civil Rule No. 566(F.M) of 2000. Judgment Md. Arayes Uddin J.-This Misc. Appeal has been preferred against the judgment and order dated 29.11.1999 passed by the learned District Judge, Dhaka in Misc. Case No.393 of 1999 decr......d. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......d this misc. appeal. He alleged that the case suffered from defect of parties and the principles of waiver. It has been alleged that the misc. case ought to have been dismissed summarily as the petitioner has no cause of action. That the opposite party No.1 is a company and the respondent bank sanct..

Category: Civil Law | Date: | Hits: 127

Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)

....ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ......n Civil Revision No.3994 of 2007). Judgment Syed Mahmud Hossain J. - This appeal by the Rajdhani Unnayan Kartipakha (RAJUK) as the appellant following leave is directed against the judgment and order dated 14-10-2009 passed by the High Court Division in Civil Revision No.3994 of 2007 dischargi......dgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ......ka, renumbered as Title Suit No.464 of 1985 in the Second Court of Sub-ordinate Judge, Dhaka for declaration of title and recovery of khas possession. Their case, in short, is that the suit land mentioned in the schedule-A to the plaint originally belonged to Niamat Ali Khan in raiyoti jote and his ..

Category: Property Law | Date: | Hits: 104