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Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
....e learned Magistrate had no reasons to frame charge against the accused persons. Mr. Rahim has also pointed out that the learned Sessions Judge also was not correct in holding that the Court had wide powers to frame charge and, as such, the order of framing charge should be interfered. 4. The lea......Petitioners Vs. State and others ………….Opposite Party Judgment April 20, 2000. Lawyers Involved: Enayetur Rahim, Advocate—For the Petitioner. Md. Mustafa, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No. 309 of 1998. Judgment Md. H......For the Petitioner. Md. Mustafa, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No. 309 of 1998. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the judgment and order dated 10-7-97 passed by Additional Sessio...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ..Category: Criminal Law | Date: | Hits: 67
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
....claimed that there is no bar for further reschedulement of a case of this nature only because the Chairman of the Bank has personal interest in the borrowing company. The Bangladesh Bank has inherent power to use its discretion to the best interest of the banking business. It is further stated that ...... For the Respondent No. 4. Rokonuddin Mahmud, Advocate — For the Respondent No. 5. Writ Petition No. 4828 of 1999. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause as to why the Memo No.BRPD (P) 651/9(4)Kha/99-1575 dated 17-11-1999 (Annexure-A) issue...... Mahmudul Islam, Advocate — For the Respondent No. 4. Rokonuddin Mahmud, Advocate — For the Respondent No. 5. Writ Petition No. 4828 of 1999. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause as to why the Memo No.BRPD (P) 651/9(4)Kha/99-1575 dated ......Brothers Properties Ltd. The respondent No.5 also gave personal guarantee for repayment of the said outstanding dues and accordingly, the payment of the total loan amount was rescheduled in the Board meeting of the Bank, held on 16th April, 1997, with prior approval of the Bangladesh Bank. 4. It ..Category: Business or Commercial Law | Date: | Hits: 208
Anti-Corruption Commission Vs. Shamima Begum & others, 2009, 38CLC (AD)
....ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......Abdul Matin J ABM Khairul Haque J Anti-Corruption Commission...........................Petitioner Vs. Shamima Begum & others. ...........................Respondents Judgment October 8, 2009. Lawyers Involved: Khurshid Alam Khan, Advocate instructed by Sufia Khatun, Advo......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
....nings.
Under such circumstances, this petition for Review has got no substance and it is dismissed with the aforesaid observation.
Ed.
This Case is also Reported in: VIII ADC (2011) 114.
......………..............Petitioners
Vs.
Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Mymensingh………………......Respondent
Judgment
October 19, 2009.
Cases Referred To-
H.M. Saya & Co. Vs. Wazir Ali 21 DLR (SC) (1969) 50; Ba......m the averments made in the petition itself. Elaborate reasons are given in case of disposal of an appeal by a judgment but an order disposing summarily a petition for condonation of delay does not call for giving any detailed reasonings.
Under such circumstances, this petition for Review has......nings.
Under such circumstances, this petition for Review has got no substance and it is dismissed with the aforesaid observation.
Ed.
This Case is also Reported in: VIII ADC (2011) 114.
..
Category: Limitation Law | Date: | Hits: 165
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....of the appellate Court are vitiated by any error of law or of procedure which affected the merit of the case, in such a situation, the appellate Court committed an error of law. High Court Division's power does not include the power to review the evidence to come to a finding of its own. High Court ......tun & others……………………………………Petitioners Vs. Rabindra Chandra Saha and others ………………….Opposite Parties. Judgment May 18, 2006. Cases Referred to- Chan Mohamood (Md.) and others Vs. Md. Hossain, Ali 3 BLC 364; Kochi Mia @ Khocha Mia Vs. Su......an Kumar Paul and others reported in 56 DLR (AD) 73 and in the case of Jamaluddin Vs. Saleha Khatoon and others reported in 3 MLR (AD) 284 in support of his contention. 18. Now the moot point that calls for our determination is, whether the learned Additional District Judge committed any error of......as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ..Category: Property Law | Date: | Hits: 126
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......……………………………….Appellant Vs. Shaiokh Abdur Rahman and others……..Respondents. Judgment August 31, 2006. Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General with Md. Helaluddin Mollah, Deputy Attorney-General. Md. Abdus Salam Bhuiyan, Assi......ry or other ill-feeling or even personal acquaintance. Prosecution alleges that it was the result of indoctrination of the condemned convicts to the effect that the prevailing legal system, what they call as তাগুদি আইন must be replaced by what they recognise as the Quranic Law or I......eviously banned by the Government, had, in a pre-planned manner, caused explosion of bombs at different places of the country. In continuation of such activity, the condemned convicts and others held meetings firstly at Muktagacha, in June, 2005 and then at Basabo Dhaka, in September, 2005. They dec..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
.....(2) It extends to the whole of Bangladesh, but in absence of any specific provision to the contrary, nothing herein contained shall affect any special law now in force or any special jurisdiction or power conferred or any special form of procedure prescribed by any other law for the time being in f......i J Md. Raisuddin J Hiru Mia……………………………..Jail Appellant Vs. State ………………………………….Respondent. Judgment June 14, 2005. Cases Referred to- Abdul Razzak Talukder Vs. State, 51 DLR 83; Gahena Vs State, 20 DLR (WP) 271; Kamruzzaman Vs......ould help them in apprehending his associates. It was also suggested to PW 1 that police demanded money from him for his release which he refused whereupon he was falsely implicated. But PW 1 unequivocally denied such suggestions. Those were without any basis or clue. This was a baseless attempt on ......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607...Category: Criminal Law | Date: | Hits: 63
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
.... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......mp; others ……………… Condemned-Prisoners Vs. State …………………………………………………………….Respondent. Judgment November 8, 2004. Cases Referred to- Shahidullah and another Vs. State, 1987 BLD (AD) 27; PLD 1960 (Dhaka) 697; Tafazzal Haque an......in the case at the instance of Masud Alam and others. 6. PW 2 Md. Yusuf Bhuiyan deposed that deceased Abdul Khaleque was his elder brother and on 16-12-98 at about 3-00 AM his uncle Shirajul Islam called him and told him that there was an outcry coming from the house of his brother and then he (P...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ..Category: Criminal Law | Date: | Hits: 91
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
....eral rule, a plaintiff as arbiter litis or dominus litis has a right to choose his own forum where there is more than one Court in which the suit can be filed. But the said right is controlled by the power vested in the superior Courts to transfer a case pending in one inferior Court to another or t......the learned District Judge, Narayanganj, in Civil Miscellaneous Case No. 111 of 2005 arising out of Money Suit No. 3 of 2004 transferring the same from the Court of Joint District Judge, First Court, to the Joint District Judge, 2nd Court, Narayanganj. 2. The plaintiff-opposite party-petitioner (......dge is no longer presiding Judge of that Court No. 1, inasmuch as he was transferred subsequently after the issuance of the instant Rule and thus the Rule has become infructuous. 9. The point that calls for our determination is, whether the learned District Judge committed any error of law in pas...... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ..Category: Civil Law | Date: | Hits: 92
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......………………………………………………..Petitioner Vs. Shahidul Islam alias Shahid and others …………..Condemned-Prisoners. Judgment July 10, 2006. Cases Referred to- 27 DLR (AD) 29; Lutfun Nahar Vs. State, 27 DLR (AD) 29, para 13; Pakala Narayan Vs. The King......ng well dressed came to the PO house and was present in Kulkhani of deceased Shajneen held on 26-4- 1998. Thereafter Hasan did not come to the PO house till 30-4-1998, on which date he came as he was called by his eldest daughter (PW 3). He also stated that prior to the occurrence deceased Shajneen ...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....interfere with the finding and the decision of the lower appellate Court. 35. The term "occasioning failure of justice" has a far-reaching significance it invests the High Court Division with wide power not only to go into the question of law but also to the question of fact. In search of fact an......hers....................................Petitioners Vs. A Huq Munshi & others …………………………………………Opposite Parties. Judgment May 25, 2006. Case Referred to- 45 DLR 391. Lawyers Involved: Abdul Quayum with Tapash Biswas, Advocates—For the Pet......came to an erroneous decision without considering the evidence of PW and DWs and the documents filed by the contesting defendants and thus he reversed the judgment and decree of the trial Court whimsically which is liable to be set aside. 18. Mr. Rabi Shankar Chakraborty, learned Advocate, appear......ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ..Category: Property Law | Date: | Hits: 70
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....f the Muslim Marriage and Divorce Rules 1975 and thereafter the respondent No. 1, appointed the respondent No. 6 as Nikah Registrar of No. 3, Raikot Union purely on temporary basis in exercise of the power under Rule 5(1) of the Rules, 1975. The respondent No. 1 after investigation by the local auth......5. Lawyers Involved: Shahabuddin Ahmad with Kazi Zinat Haque, Advocates—For the Petitioner. AFM Mesbahuddin with MA Gaffar Advocates—For Respondent No. 6. Sathika Hossain, Assistant Attorney-General—For Respondent No. 1. Writ Petition No. 1818 of 2001. Judgment Md. Awlad A...... Sathika Hossain, Assistant Attorney-General—For Respondent No. 1. Writ Petition No. 1818 of 2001. Judgment Md. Awlad Ali J. - This Rule under Article 102 of the Constitution was issued calling upon the respondents to show cause as to why the impugned order being Memo No. 329 Bichar 6/......Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534...Category: Employment/Service Law | Date: | Hits: 81
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......zal Hossain alias Mofa and others…………………Accused-Appellants Vs. State………………………………………………………………………..Respondent. Judgment October 25, 2004. Cases Referred to- State Vs. Rafiqullah Khan, 7 BLC 480; Uster Ali Vs. State,......7-1989 corresponding to 25th Ashar he along with his wife, son and daughter were sleeping in the western room of his dwelling hut. At about 2-00 AM on 11-7-1989 he came out from the house for natural call, soon after his return, all on a sudden 5/6 dacoits being armed with daggers forcibly entered i...... and plundering ornaments. 18. PW 6 Md. Jasimuddin deposed that he was the Officer-in-Charge of the Kalai Police Station at the relevant time. On 11-7-1989 he went to Molam Gari area for holding a meeting, wherein he heard about the occurrence of dacoity committed in the house of Mamunur Rashid. ..Category: Criminal Law | Date: | Hits: 52
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....a. He proved his signature on Exhibit C. 29. DW 4 Delwar Hossain proved Exhibit C. 30. DW 5 Mirza Kamrul Hasan who deposed on behalf of third defendant KEB. He testified on the basis of power of attorney given by KEB. He had no direct knowledge about the case. He deposed on the basis o......king Corporation, 31 NYS 2nd 631 (1941); Edward Owen Engineering Ltd Vs. Barclays Bank International Ltd. [1978] 1 Lloyd's Rep 166 = [1978] 1 All ER 976; Limited Trading Corporation SA and Murvay Clayton Ltd Vs. Allied Arab Banks, [1985] 22 Lloyd's Rep 554; Handerson Vs. Canadian Imperial Bank of Co...... Jalsard Pvt. Ltd. [1973] AC 279 Lord Diplock rules, "the banker is not concerned whether the documents for which the buyer has stipulated serve my useful commercial purpose or as to why the customer called for the tender of a document of a particular description. Both the issuing banker and his cor......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..Category: Business or Commercial Law | Date: | Hits: 289
....f of other statements made in this petition. It is stated that the address of the petitioners were not given in the cause title of the petition inasmuch as the petition is incompetent as filed by the power of attorney holder. The grounds taken in the petition are not legally tenable and, as such, th...... Plant Ltd and another……………..Petitioners
Vs.
Bangladesh Bank, Dhaka and others…………………………………..Respondents.
Judgment
February 23, 2006.
Cases Referred to-
Stadmax Ltd. Vs. Bangladesh Bank, 50 DLR 594; Paul and Co. Narayanganj Vs. Bangladesh Bank &......dent No. 1.
M Saleem Ullah, Advocate—For Respondent No. 3.
Writ Petition No. 8236 of 2002.
Judgment
Md. Muzammel Hossain J. - This Rule Nisi was issued at the instance of the petitioner calling upon the respondents to show cause as to why inclusion of the petitioner Nos. 1 and 2 in the...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
..
Category: Business or Commercial Law | Date: | Hits: 251
Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
.... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515....... Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515....... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515....... company. So the only natural, legal and reasonable presumption would be that he must be giving at least some time and attention to the business of the other company as well. He must be attending the meeting of the Board of Directors of the other company i.e. the Sonear Engineering Limited also. The..Category: Fiscal/Taxation Law | Date: | Hits: 91
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... transporting fish; or require any person to produce any licence or other document required under this Ordinance or any rules made there under for examination. 12. Section 33(1) of the Ordinance empowers an authorized officer, where he has reasonable grounds to believe that an offence has been co......Huang Chia Hsiang………………………………………….Petitioner Vs. Government of Bangladesh and others………….Respondents. Judgment December 12, 2005. Cases Referred to- Dhaka Warehouse Ltd. Vs. Assistant Collector of Customs and others, 1991 BLD (AD) 227; Tapas......Tainuir Reza Hasan, Assistant Attorney-General—For the Respondents. Writ Petition No. 437 of 2001. Judgment Md. Muzammel Hossain J. - This Rule was issued at the instance of the petitioner calling upon the respondents to show cause as to why the order dated 6-12-2000 passed by the Metropo......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
....ng functions in connection with the affairs of the Republic. In the year 1951 the then government framed Sylhet Forest Transit Rules, 1951 (hereinafter referred to as the Rules, 1951), in exercise of powers conferred by sections 41, 42 and 76 of the Forest Act, 1927 (Act XVI of 1927) enforced in the......id Ahmed J Shawkat Ali (Md.) and others……………………Petitioners Vs. Divisional Forest Officer and others………..Respondents. Judgment February 16, 2006. Cases Referred to- Jibendra Kishore Vs. East Pakistan, 9 DLR (SC) 21; Oali Ahad Vs. Government of Bangladesh, 2...... 2000. Judgment MM Hossain J. - These Rules have been issued in Writ Petition Nos. 1605, 1606, 1682, 1683,1690, 1763, 1950, 1949, 1950, 1949, 1346, 1181, 1182, 1183, 1319, 1347 and 1348 of 2000 calling upon the respondents to show cause as to why impugned orders shall not be declared to have b......s been stated that the government declared the Thana Sadar to be the municipality. From the aforesaid news bulletin it appears that the Hon'ble Minister of Finance had made this statement in a public meeting but in support of his contention no Gazette Notification declaring the Thana Sadar as Munici..Category: Environmental Law | Date: | Hits: 551
Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431.......……………………………….Petitioners Vs. Government of Bangladesh and others……………………………………..Respondents. Judgment June 26, 2005. Case Referred to- Bangladesh Power Development Board and others Vs. Md. Asaduzzaman Sikder 9 BLC (AD) 1. L......al Kanti Biswas, Advocate—For Respondent. Writ Petition No. 6402 of 2004. Judgment Syed Mahmud Hossain J. - In this application under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondents is show cause as to why the impugned order under letter পউএ/ প......ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431...Category: Business or Commercial Law | Date: | Hits: 186
Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)
....standing practice one has to file it without causing inordinate delay. In an appropriate case High Court Division may suo motu exercise such jurisdiction. 17. Section 5 of the Limitation Act has empowered to allow an application for a revision beyond the period of limitation if the petitioner can...... Md. Tariqul Alam and another…………………Petitioners Vs. ATM Matiul Islam…………………………………………Opposite Party. Judgment April 4, 2006. Cases Referred to- Additional Deputy Commissioner (Rev.) and Assistant Custodian, Vested Property Vs. Md. Abdul......l Islam Khan, Advocate—For the Petitioners. Majumder Saiful Islam, Advocate—For the Opposite Party. Civil Rule No. 577(con) of 2004. Judgment Siddiqur Rahman J. - This Rule was issued calling upon the opposite party to show cause as to why the delay of 285 days in filing the revision......lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425...Category: Procedural Law | Date: | Hits: 116
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