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Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)

.... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ....... The State…………………Opposite party Judgment February 6, 2006. Result: The appeals are allowed. Case Referred to - Moshfiqul Islam Bilu Vs. the state, 52 DLR 593. Lawyers Involved: Md. Kalimullah Mazumder, Advocate - For the appellant in Criminal Appeal No.222..

Category: Criminal Law | Date: | Hits: 78

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

....e in the inquest report in order to lend support to the prosecution case and be indicative of the fact that the prosecution story was not in an embryonic state when the inquest was made. Under police Rules 25.35 read with this Section, investigating officer is required to give description of the wea...... othersVs.The State, 15 BLD (AD) 54; State Vs.Paran Ch. Baroi BCR 1982 page 293; Bala Krishna Vs. The State of Orissa, 1971 AIR (SC) 804; Thulia Kali Vs. The State of Tamil Nadu, 1973 AIR (SC) 501 Lawyers Involved: Idris Khan, Deputy Attorney-General with Mir Shafiqul Islam, Assistant Attorney..

Category: Criminal Law | Date: | Hits: 89

S.M. Ahsan Kabir Vs. Election Appellate Tribunal (Upazilla Election Parishad) and others, 2010, 39 CLC (HCD)

.... S.M. Ahsan Kabir……………Petitioner Vs. Election Appellate Tribunal (Upazilla Election Parishad) and others……………Respondents Judgment June 10, 2010. Result: The Rule is discharged. The Upazilla Parishad (Election) Rules, 1999, Rule 60 Whether the Electio......nal on conclusion of the trial of the Election Case. But there is no scope to prefer any appeal against any interlocutory order passed by the Election Tribunal…………………………..(12) Lawyers Involved: Md. Fazlur Rahman, Advocate - For the Petitioner. Riaz Uddin Khan, Advocate ..

Category: Election Law | Date: | Hits: 600

Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)

....bedin Mintu………………………Petitioner Vs. Joint District Judge, 3rd Court Tangail and others………………………Respondents Judgment February 4, 2010. Result: The Rule is made absolute. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003); section 33 Afte......pplication for execution of the decree, the order of the court for issuing certificate of transfer the mortgaged property for realizing the decretal dues will be patently unlawful………….(7) Lawyers Involved: Rafiqul Islam Mehedi, Advocate - For the petitioner. Idris Khan, Advocate - ..

Category: Civil Law | Date: | Hits: 174

Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)

....ar Hossain J Azam Ali and another………………………Petitioners Vs. Akram Ali and others………………………Opposite parties Judgment April 13, 2010. Result: The Rule is made absolute. After closer of the plaintiff witness the defendant can examine witness o......wed to adduce evidence after delivery of the judgment and decree passed by the trial Court inasmuch as that will give him an indulgence to fill up the lacuna..…………………..(14 & 16) Lawyers Involved: S.N. Goswami, Advocate with Afsana Begum, Advocate - For the petitioners. No..

Category: Procedural Law | Date: | Hits: 99

Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)

.... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......d. Jamaluddin and others Vs. the State, 14 BLD (HC) 94; Hatesingh Bhagost Shingh Vs. State of Modhya Bharat, AIR 1953 (SC) 468; Shamer Bala Changule Vs. The State of Maharastra, AIR 1976 (SC) 557. Lawyers Involved: S. N. Goswami - For the Appellants.  Mrs. Umme Kulsum Begum, Deputy Att..

Category: Criminal Law | Date: | Hits: 84

M/s. ERRIA Shipping Pte Ltd. and another Vs. M/s. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)

....6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower Court records at once. Md. Arayes Uddin J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 176. ......¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment February 11, 2009. Result: The appeal is allowed. Cases Referred to- 9 BLC (2004) 218; 11 BLC (2006) 83; 5 BLC (2000) 579; BCR 1990 (HCD) 194. Lawyers Involved: Md. Ohiullah, Advocate - For the appellant.  Momtazuddin Ahmed with Ms...

Category: Admiralty Law or Maritime Law | Date: | Hits: 486

State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)

.... AK Badrul Huq J State……………………………Petitioner Vs. Abdul Momin Sardar………………………………Opposite Party Judgment March 22, 1998. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 426 T...... of the appeal within the period of his sentence. A convict who is sentenced to imprisonment for life does not fall within the pronouncement of the Appellate Division………………………(7) Lawyers Involved: M Monsur Ali, Advocates ‑ For Appellant Opposite Party. Mushfiqur Rahman, ..

Category: Criminal Law | Date: | Hits: 87

Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)

.... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ......…………….(47) Case Referred to- Nurul Islam Vs. State, 1988 BLD 106; SM Kamal Vs. State, 6 BLC 113; Starland Vs. Director of Public Prosecution, 1944 AC 315(1994) = 2 All ER 13 (HL). Lawyers Involved Md. Ismail with Shihab Uddin Mahmud, Advocates — For the Appellant. Umme Ku..

Category: Criminal Law | Date: | Hits: 92

United Mineral Water and PET Industries Ltd. Vs. Commissioner, Customs, Excise and VAT Commissionerate and others, 2007, 36 CLC (HCD)

....r and PET Industries Ltd…………..Petitioner Vs. Commissioner, Customs, Excise and VAT Commissionerate and others………………Respondents Judgment May 13, 2007. Result: The Rule is made absolute without any order as to cost. The Value Added Tax Act, 1991 ( Act No. XXII ......n cannot deny or refuse to exercise its jurisdiction under Article 102 of the Constitution to strike down such unauthorized exercise of statutory power........................................(15) Lawyers Involved: Mahmudul Islam with Md. Mizanul Haque Chowdhury, Advocates — For the Petition..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....eer Mahmudul Islam and others..............Petitioners Vs. Government of the People's Republic of Bangladesh and others...........Respondents Judgment November 26, 2002. Result: The Rule is made absolute without any order as to costs. It is to be presumed that all actions taken......ociety, should not be interfered with by a Court of law. An act of State and an act of executive of State are not the same. A decision of the State may not be permitted to be challenged in a Court of Law but the implementation of such decision by the executive authority of the State without due dili..

Category: Others | Date: | Hits: 113

BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)

....ational Board of Revenue, Segunbagicha, Dhaka represented by its Chairman, Segunbagicha, Dhaka and another…………………………Respondents Judgment February 12, 2008. Result: The Rule is discharged. The right of appeal is a vested right. Such right cannot be said to be taken ...... Film Exchange, AIR 1960 SC 980; Essential Industries Vs. Central Board of Revenue, (1969) 21 DLR (WP) 36; Md. Jamaluddin Vs. Income Tax Tribunal, Chittagong Branch, Chittagong, (1997) 49 DLR 279. Lawyers Involved: Ms. Nahid Kabir with Md., Asaduzzaman with Md. Matiur Rahman - For the petition..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)

.... Md. Abul Basher………………………Petitioner Vs. The Judge, First Artha Rin Adalat, Chittagong and others………………….Respondents Judgment May 6, 2008. Result: The Rule is discharged with observation. In order to determine the question whether the provision is......for early disposal of the Execution Case without any fault on their part……………………………..(20) Case Referred to- Khurshed Alam Vs. Judge of the Artha Rin Adalat, 12 BLC 592. Lawyers Involved: Kamalul Alam, Advocate - For the petitioner. Md. Faruk Hossain, Advocate - F..

Category: Civil Law | Date: | Hits: 136

Chairman, Bangladesh Water Development Board and others Vs. Md. Abdur Rahman and another, 2008, 37 CLC (HCD)

....Paridaptar, WAPDA Bhaban, Dhaka and others…………………Petitioners Vs. Md. Abdur Rahman and another…………………Opposite parties Judgment April 24, 2008. Result: The Rule is discharged. Jurisdiction of a Civil Court The exclusion of jurisdiction of a Civil C......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.(13) Cases Referred to- 30 DLR 219; 40 DLR (AD) 45; 50 DLR (HC) 411; 40 DLR (HC) 226; 37 DLR 49; 42 DLR 211; 43 DLR 407; 45 DLR 727; 11 MLR (HC) 99; 12 MLR (AD) 207. Lawyers Involved: Md. Joynal Abedin, Advocate - For the petitioners. Md. Khalilur Rahman, Advo..

Category: Employment/Service Law | Date: | Hits: 166

Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)

....…………Plaintiff-Appellant-Petitioner Vs. Nazmul Hoque Majumder and others…………………………Defendant-Respondent-Opposite Parties Judgment May 17, 2009. Result: The Rule is discharged. The Specific Relief Act, 1877 (Act No. I of 1877); section 54 In a suit f......Barman and others, 43 DLR (AD) 215; Khurshid Ali and others Vs. Noorjahan Bewa and others, 15 BLD (AD) 82; Hazari Bala Saha and others Vs. Niron alias Niranjan Mondal and others, 17 BLD (AD) 295. Lawyers Involved: Md. Reza-E-Morshed Kamal with Mofazzal Hossain, Md. Borhan Uddin, Advocate - Fo..

Category: Civil Law | Date: | Hits: 94

Mrs. Rokeya Begum Vs. Chartered Credit Co­operative Ltd., 2009, 38 CLC (HCD)

....egum……………………………….Petitioner Vs. Chartered Credit Co­operative Ltd…………………………………Opposite Parties Judgment June 2, 2009. Result: The Rule is discharged. If any notice is issued through registered post with AD, it can be legally p......shonoured cheques…………………………(25) Cases Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44. Lawyers Involved: M. Sayed Ahmed - For the Petitioner.  Muhammad Mofazzal Hossain - For t..

Category: Criminal Law | Date: | Hits: 70

Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... in the meantime, if so advised. The applications for addition of party filed by the different applicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ......ladesh and others Vs. Government of Bangladesh, (2009) 17 BLT (AD) 455; Rural Litigation and Entitlement Kendra Vs. UP and Others, AIR 1985 SC 652; M.C. Mehta VS. Union of India, AIR 1997 SC 734. Lawyers Involved: Rafique-ul Huq, Abdul Basel Majumder, Mahmudul Islam, Rokanuddin Mahmud - For t..

Category: Environmental Law | Date: | Hits: 731

Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)

....us Samad J Sobhan Munshi………………………….Petitioner Vs. The State and another……………………………Opposite parties Judgment January 7, 2010. Result: The Rule is disposed of with the modification of the sentence. Case Referred to- Jahangir Alam (M......gment January 7, 2010. Result: The Rule is disposed of with the modification of the sentence. Case Referred to- Jahangir Alam (Mohammad) alias Jakir Vs. The State, 56 DLR (AD) 217. Lawyers Involved: S.M. Abdur Rouf, Advocate - For the petitioner. Md. Ensan uddin Sheikh, Ass..

Category: Criminal Law | Date: | Hits: 81

State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)

....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be com­municated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......istry Vs. State, 5 BLD (AD) 301; State Vs. Ful Mia, 5 BLC (AD) 41; Sirajuddin Vs. State, AIR (38) 1951 Allahabad 834; Md. Abdul Ali Vs. State, 20 BLD 327 = 6 BLC; State Vs. Mofizuddin, 24 BLD 481. Lawyers Involved: MA Mannan Mohon, Deputy Attorney-General with Mahabub-ul-Alam, Assistant Attorn..

Category: Criminal Law | Date: | Hits: 158

Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)

....t No.4 tried to grab the suit land mentioned in ‘ga’ schedule. In ‘ga’ schedule land defendant Nos.5 to 22 have no title, possession or interest and before promulgation of Defense of Pakistan Rules, 1965, this lands had been in possession of plaintiff and by this time plaintiff got title by ...... and ADC (Rev), 1983 BCR 225; Md. Ashraf Ali Vs. Fatique Chandra Sana, 1983 BLD (AD) 315; Fazar Ali Tendal Vs. Fazal Miah, 12 BLD (AD) 203; Nagendra Chandra Sarker Vs. Aftabuddin, 15 BLD (AD) 135. Lawyers Involved: AJ Mohammad Ali Advocate - For the Appellant No.K (In First Appeal No.99 of 199..

Category: Property Law | Date: | Hits: 83