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

....rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ...... the case having been concluded on finding of facts as such no interference is called for under Section 115(1) of the Code of Civil Procedure. 18. In the result, the Rule is discharged without any order as to cost. 19. The order of status-quo in respect of possession of the suit land granted e...... (2009) 317. ......ourt High Court Division (Civil Revisional Jurisdiction) Present: Syed Abu Kowser Md. Dabirush Shan J Abdul Mannan Mathbar………………………………Plaintiff-Appellant-Petitioner Vs. Nazmul Hoque Majumder and others…………………………Defendant-Respondent-Op..

Category: Civil Law | Date: | Hits: 94

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

....ct the submission of the complainant is that the complainant lastly issued a legal notice on 05.03.2006 and the acknowledg­ment shows that the notice was served on 23.03.2006 and the notice was also published in the "Daily Inqilab" on 23.03.2006. It appears from the evidence on record that the case......ion under section 241A of the Code of Criminal Procedure praying for discharge contending that the complainant took the loan on the basis of mortgage and paid the same. 6. The learned Judge by his order dated 03.05.2007 was pleased to reject the said application under section 241A of the Code of ......Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ...... to Appeal here. Supreme Court High Court Division (Criminal) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Mrs. Rokeya Begum……………………………….Petitioner Vs. Chartered Credit Co­operative Ltd…………………………………Opposite Par..

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. ......ond knowledge of the applicants and the notice for eviction is illegal and without jurisdiction. 10. We shall address this point later. (4) This is an application for review of the judgment and order dated 24 and 25 of June, 2009 and the order dated 24.1.2010 at the instance of Mollah Salt (Tr......plicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ......t High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J ATM Fazle Kabir J Human Rights and Peace for Bangladesh and others…………………….Petitioners Vs. Government of Bangladesh and others……………………Respondents Judgment ..

Category: Environmental Law | Date: | Hits: 731

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

.... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ......8 of 2008. Judgment Afzal Hossain Ahmed J.- This Rule, at the instance of the convict Sobhan Munshi, was issued calling upon the opposite party to show cause as to why the impugned Judgment and order of conviction and sentence dated 17.11.2003 passed by the Special Tribunal No.3, Munshiganj in......od of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ......010) 37. ..

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. ......Chowdhury and Nurul Bashar Bachhu, the accom­panying members of the informant. At that stage of the occurrence ATM Nurul Islam Chowdhury, another member of the accompanying party of the informant in order to save their lives and property made gunshots causing bullet injuries at least on 2 dacoits. ......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. ......Present: Syed Md. Ziaul Karim J ANM Bashir Ullah J State………………………………Appellant Vs. Delwar Hossain & others……………………………….Condemned-Prisoners Judgment October 25, 2011. Result: The Criminal Appeal and Jail Appeal being No...

Category: Criminal Law | Date: | Hits: 158

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

....n recorded in respect of 4.16 decimals of land in Khatian No.75. During SA survey these lands recorded in the name of the heirs ofthe original owners MRR Khatian No.95 has been correctly prepared and published MRR Khatian No.95 was prepared in the names of the heirs of original owner and it has been...... recorded as possessor. The said lands of district survey No.75 and MRR No.95, for arrear of rents, were put into auction in Certificate Case No.15930/1960-61. Having need of cash money, the original orders, by concealing the aforesaid fact, sold certain land of dag Nos.513 and 514 to this defendant......own the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......hostile, notorious and confined during the time necessary to create a bar under a statute of limitations and it must be adequate in continuity, publicity and extent………………..(18) When anyone claim in his plaint that he purchased the suit property orally, he cannot assert that he got tit..

Category: Property Law | Date: | Hits: 83

Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)

....ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......n application was filed on behalf of the defence for stopping of the proceeding and releasing the accused under section 339C(4)Cr.P.C. The Additional Sessions Judge noticed the aforesaid facts in his order dated 12.9.84 and observed that the trial could not be completed within the stipulated period ......tions as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ...... Supreme Court High Court Division (Dhaka Bench) (Criminal Revisional Jurisdiction) Present: ATM Afzal J Latifur Rahman J Mohammad Ali……………………Infor­mant Petitioner Vs. Sukur Ali & others………………………Opposite-Parties Judgment Dece..

Category: Procedural Law | Date: | Hits: 102

Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)

....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......BM Waliur Rahman Khan with Shamima Ara Dora, Assistant Attorneys-General-For the State. Criminal Appeal No.966 of 1993. Judgment Md. Abdul Quddus J.-This appeal is directed against judgment, order of conviction and sentence dated 29‑4‑1993 by learned Sessions Judge Jhinaidha in Sessions......ed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......dated 29‑4‑1993. 6. Being aggrieved both convict appellants preferred this criminal appeal. 7. Learned Advocate appearing for the appellant submits that informant stated prosecution case in one way in first information report (Exhibit 1) but disclosed quite in different manner in the depos..

Category: Criminal Law | Date: | Hits: 93

Intertek Testing Services International Limited and others Vs. National Board of Revenue, Dhaka & others, 2003, 32 CLC (HCD)

....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ......Board of Revenue and that in the meantime pending bills of the PSI Agencies should be paid on condition that they would clear all VAT dues in accordance with law when the matter would be resolved. In order to release the pending bills the petitioners gave the undertaking as required on 25‑3‑2001......lls is liable to refund. We direct the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ...... High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Tariqul Hakim J Intertek Testing Services International Limited and others..........................Petitioners Vs. National Board of Revenue, Dhaka & others.........................................

Category: Fiscal/Taxation Law | Date: | Hits: 119

Tabibullah and others Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 393. ...... numbered as Miscellaneous Case No.28 of 1995. F. In the said Miscellaneous Case Chameli Glass Works represented by its proprietors had been made opposite parties through their Attorney by Court's order dated 26.6.2005. G. M/s. Chameli Glass Works represented by their proprietors had not been ...... in Civil Revision case. No cost. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 393. ......in: 13 MLR (HCD) (2008) 393. ..

Category: Property Law | Date: | Hits: 82

Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)

....ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ......eral - For the respondent. Criminal Appeal No.3038 of 2006. Judgment Khondker Musa Khaled J.- This Criminal Appeal under section 30 of the Special Powers Act, 1974, is directed against the order dated 29.6.2006 passed by the learned Judge of the Metropolitan Special Tribunal No.7, Dhaka i...... at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ......, the facts the prosecution case are that S.I. Kamruzzaman of Dhaka Metropolitan Police Station Mirpur along with other police personnel arrested the accused appellant Md. Farid Hossain and recovered one foreign made revolver on the basis of secret information. Since the accused could not show any l..

Category: Criminal Law | Date: | Hits: 92

Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)

....akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ......udgment Md. Emdadul Huq J.- This revisional application under section 439 of the Code of Criminal Procedure, 1898 (shortly the Code of 1898) is about the legality and propriety of the judgment and order dated 31.10.2004 passed by the learned Sessions Judge, Lakshmipur in Criminal Appeal No.14 of ...... of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ...... (2008) 141. ..

Category: Property Law | Date: | Hits: 122

Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)

....the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ......t, Kurigram in Other Appeal No.36 of 1993 affirming those dated 31.5.93 passed by the Assistant Judge, Fulbari in Other Suit No.23 of 1989 (Partition) should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The opposite party Nos.1-3 a......n: 13 MLR (HCD) (2008) 132. ......ivil Revisional Jurisdiction)       Present: Salma Masud Chowdhury J Md. Abdul Latif being dead his heirs Mosammat Zahura Bewa and others…………….Petitioners Vs. Mohammad Ali and others…………………..Opposite parties Judgment Januar..

Category: Procedural Law | Date: | Hits: 115

Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)

....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......usa Khaled J. - On an application under section 439 read with section 138 of the Code of Criminal Procedure, the Rule was issued calling upon the opposite parties to show cause as to why the impugned order dated 11-4-2007 passed by the learned Additional Metropolitan Sessions Judge, First Court, Chi......expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......: 61 DLR (HCD) (2009) 732. ..

Category: Procedural Law | Date: | Hits: 128

Mahbubul Alam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Information and others, 2009, 38 CLC (HCD)

....writ petition is not maintainable. In view of the discussions as made above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 728. ......ioner Vs. Bangladesh, represented by the Secretary, Ministry of Information and others…………..Respondents Judgment January 21, 2009. Result: The Rule is discharged without any order as to cost. The Constitution of Bangladesh, 1972, Articles 102 and 117 Any violation of ......iscussions as made above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 728. ......61 DLR (HCD) (2009) 728. ..

Category: Administrative Law | Date: | Hits: 494

Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)

....rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......inate Judge, 2nd Court, Shariatpur reversing those dated 23-11-1999 passed by the learned Assistant Judge, Bhederganj in Title Suit No. 10 of 1999 should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioners as plaintiffs......(2009) 299. ...... Reported in: 61 DLR (HCD) (2009) 299. ..

Category: Administrative Law | Date: | Hits: 452

Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)

....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ......minal Appeal at the instance of Md. Anwar Hossain under section 24 of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter referred to as 'the Ain') is directed against the judgment and order dated 19-7-2001 passed by the learned Judge, Nari-o-Shishu Nirjatan (Daman) Tribunal (hereinaf......e lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ......Court of first instance and some by appellate Court, but only after having been in incarceration for years. Such efforts on the part of relatives of victim and other interested persons invariably is done and thus it becomes difficult on the part of a Court to find out the real culprit. Under such ci..

Category: Criminal Law | Date: | Hits: 74

Abdul Kader Bhuiyan and 17 others Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....f the land was handed ever to the requiring body on 19-4-1966 (sic) including the disputed land of the writ petition. It is stated that a total area of 662.0951 acres of land was finally acquired and published in the gazette notification under section 5(7) of said Act and a deed of transfer was made......with the view to amending the petition. Essentially the gist of the amendments is that while LA Case No. 90/1965-66 was pending, LA Case No. 5/1972-73 was started for the purpose of acquiring land in order to establish the headquarters for the Rakkhi Bahini. By the two petitions for amendment, the p...... quo granted at the time of issuance of the Rules is hereby vacated. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 28. ...... 28. ..

Category: Property Law | Date: | Hits: 121

Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)

....e has specifically excluded "City Corporation" from the expression "statutory public authority" but subsequently vide Representation of the People (Amendment) Ordinance, 2001 (Ordinance No.1 of 2001) published in the gazette notification on 8-8-2001 said Explanation No. II has been deleted in its en......ection. Giving the status and other facilities and privileges of a minister and of a state minister respectively to a Mayor of City Corporation does not make him a minister or a state minister in order to seek protection under the proviso to Article 147(3) of the Constitution, even though he is ...... 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......2009) 10. ..

Category: Constitutional Law | Date: | Hits: 466

Chittagong Chamber of Commerce and Industry and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....ies engaged in trade, commerce and industry, agriculture and manufacturing etc. It also represents the prime maritime port city of the country, that is, Chittagong. 7. Respondent No.5 prepared and published a Memorandum and Articles of Association stating the objects to promoting, projecting and ......ful authority. 4. In Writ Petition No.2386 of 2009 the Rule Nisi was issued under the following terms: 5. Let a Rule Nisi issue calling upon the respondents to show cause as to why the impugned order being Nothi No.BaM/TO/1/1 (19)/2008/07 dated 6.1.2009 issued by respondent No.2 under the sign......etitions at the time of issuance of the Rules are hereby recalled and vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 341. ......High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Chittagong Chamber of Commerce and Industry……………………….Petitioner (In Writ Petition No.1669 of 2009) Metropolitan Chamber of Commerce and Industry, Dhaka…â€..

Category: Others | Date: | Hits: 107