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.... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
......5 and 30.9.1995 respectively passed by the learned Assistant Judge, Biswanath, Sylhet in Suit No.49 of 1994 dismissing the suit for declaration of title should not be set aside and/or pass such other order or further orders as to this Court may seem fit and proper.
3. The Plaintiff Biresh Ranjan ......ected to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
......(HCD) (2010) 51.
..
Category: Property Law | Date: | Hits: 102
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......the person concerned will be prevented from traveling abroad. In such situation however the passport authority must act bona fide and comply with all requirements of law failing which the restriction order will become void and unlawful………(11) Although the Government's concern for holding wa...... Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......ere. Supreme Court High Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Borhanuddin J Allama Delawar Hossain Sayedee…………………………..Petitioner Vs. Bangladesh, and others…………………………Respondents Judgment August..Category: Constitutional Law | Date: | Hits: 147
Islamic Democratic Party (IDP) Vs. Bangladesh Election Commission and others, 2008, 37 CLC (HCD)
....r as a political party cannot be substituted by the satisfaction of this Court. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 12. ...... as a political party. The Election Commission having considered the constitution of the petitioner found that it contravaned the provisions of the Constitution of Bangladesh. Therefore, the impugned order passed by the election Commission is justified. 5. In addition, the Election Commission bei......tisfaction of this Court. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 12. ...... Court High Court Division (Special Original jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddique J Islamic Democratic Party (IDP)…………………………Petitioner Vs. Bangladesh Election Commission and others……………………………Respondent..Category: Election Law | Date: | Hits: 723
Rafiqul Islam Vs. State, 2009, 38 CLC (HCD)
....Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ...... a person identifying as Md. Nazrul Islam of M/S. Nazrul and Brothers, Police Station Sharishabari, District- Jamalpur came to the head office of the informant on 23.11.2006 at 4:00 p.m. with two pay orders favouring Tanver Food Ltd. and United Edible Oils Ltd, one being No.3412712 dated 23.11.2006 ......where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ...... in: 18 BLT (HCD) (2010) 9. ..Category: Criminal Law | Date: | Hits: 88
Md. Taimur Rahman alias Toibur Vs. State, 2010, 39 CLC (HCD)
.... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ......ction 448/323/324/307/302/34 of the Penal Code. 5. Thereafter the petitioner was voluntarily surrendered on 11.8.2009 and moved for bail, but since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 6. The learned advocate appearing for the petitioner su...... petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ......ted in: 18 BLT (HCD) (2010) 272. ..Category: Criminal Law | Date: | Hits: 87
Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)
....on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......orney-General with Nur Mohammad Miah, Assistant Attorney-General - For the State. Criminal Appeal No.3778 of 2005. Judgment Md. Abdul Hye J.- This appeal is directed against the judgment and order of conviction and sentence dated 30.07.2005 passed by learned special Tribunal No.17, Dhaka, i......only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......udgment May 8, 2007. Result: The appeal is allowed. The Arms Act, 1878 (Act No. XI of 1878); Section 19A and (f) Mere knowledge about any arms and ammunition is not enough to make someone liable for conviction under Section 19A and (f) of the Arms Act. The accused must have control a..Category: Criminal Law | Date: | Hits: 65
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
.... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......…………. Petitioners Vs. Shamir Kumar Chowdhury and others………………. Opposite Parties Judgment December 17, 2008. Result: These Rules are discharged without any order as to costs. Specific performance of contract Where a party seeks to enforce specific pe......rged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......LR (HCD) (2009) 131. ..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....charged without any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982); section 3 Under section 3, the notice is required to be published at convenient places on or near the property in the prescribed form and manner stating tha......and others ………………….Respondents Judgment June 12, 2008. Result: The Writ Petition No. 1448 of 2008 is disposed of and Writ Petition No. 3071 of 2008 is discharged without any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordina......it Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......sp;61 DLR (HCD) (2009) 119. ..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....lli, shebait or trustee, as the case may be, to continue to manage such interest as the agent of the Government till the last day of the agricultural year in which notification under section 43(2) is published or till the GovernÂment exercises' its right of possession, whichÂever is later. After t......dated 25-2-1996 (Exhibit 6) sought to be proved by the plaintiff showing payment of rent in the Waqf Estate Karatia is issued by "Mohammad Haidar Ali Waqf al-al-aulad Estate," Karatia. The mutaÂtion order dated 28.11.1996 (Exhibit 5) proved by the plaintiff is also issued by the same Haidar Ali Waq......t once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......rty is vested in God for the ultimate benefit of mankind. A kind of perpetuity is found to be ingrained in a wakf which runs contrary to unrestricted transfer of the corpus of the waqf property by anyone whosever let alone the Mutawalli…………….(20) Muslim Personal Law Mutawalli i..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
....any affidavit in opposition in the above writ petitions but the learned Deputy Attorney General representing the writ respondents opposed the said Rules submitting that by S.R.O No.252 dated 6.8.2000 published in the Official Gazette, the entries Nos.2 and 3 against H.S. Code No.39.01 in S.R.O No.16......ral, Naima Haider, Deputy Attorney General, with him), instructed by B. Hossain, Advocate-on-Record—For the respondents (In all cases) Civil Appeal Nos. 32-43 of 2003. (From the judgment and order dated 11.12.2000 passed by the High Court Division in Writ Petition nos. 4531, 4571, 4534, 453......l petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......Appellant (In Civil Appeal No.42 of 2003) Md. Shajahan........................................Appellant (In Civil Appeal No.43 of 2003) Md. Shajahan........................................Petitioner (In Civil Appeal No.1292 of 2001) Md. Rabban Ali.......................................Petit..Category: Fiscal/Taxation Law | Date: | Hits: 128
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ......onditions for transferring the case are that it should be filed at the earliest possible time and next, before settlement of issues…………….(17) The Learned Judge after passing the impugned order cleverly, minutely and masterly added further line which only not been heinous, contemptuous b...... Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ......) 263. ..Category: Procedural Law | Date: | Hits: 179
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......dur Rahman J.- In pursuance of the direction given by this Court to the defendant to satisfy this Court that the princiÂpal defendant opposite parties are not under obligation to furnish security in order to protect the interest of the plaintiff or to furnish the security, the defendant No.1, the v......s Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......€¦â€¦..(23 & 24) The term "discharge" as used in the Customs Act 1969 means nothing but "unloading" of the cargo into the classified area of the Port…………….(25) Bills of lading, in one of its implication, being the documents of title, the holder of it gets the ownership of the sai..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
.... is malatide, unjustified and not reasonable. The said acquisition proceedings have not been finalized and a declaration of the acquisition of the property by the Deputy Commissioner has yet not been published in the Official Gazette. The property in question is still vacant and no building or found......ul Karim …………….pititioner Vs. Land Acquisition Officer, Comilla and others……………Respondents Judgment March 16, 2006. Result: The Rule is made absolute without any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinan...... and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......ported in:61 DLR (HCD) (2009) 112. ..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......7 (Ka)/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act 1947, now pending in the Court of Special Judge, Bogra should not be quashed and /or pass such other or further order or Orders as to this Court may seem fit and proper. 2. Facts leading to issuance of the Rul......rder to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......ivision (Criminal Miscellaneous Jurisdiction) Present: Md. Anwarul Haque J Md. Mozibur Rahman Miah J Kartick Chandra Das and another…………………………………Accused-Petitioners Vs. State………………………….……Opposite-Party Judgment June 17, 20..Category: Procedural Law | Date: | Hits: 86
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......ovision of law the suit is not maintainable. 16. Considering the facts and circumstances of the case I find no merit in the Rule. 17. In the result, the Rule is discharged howevÂer without any order as to cost. The impugned Judgment and decree dated 2-11-1986 passed by the Subordinate Judge, ......n: 64 DLR (HCD) (2012) 455. ......55. ..Category: Administrative Law | Date: | Hits: 175
Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)
.... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ......ther suit for permanent injunction being No.110 of 1975 impleading the defendant-petitioners and also obtained ex parte decree. The defendants filed Title Suit No.151 of 1975 for declaration that the order passed in Miscellaneous Case No. 21 of 1973 is illegal and void and the suit was also decreed ......the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ...... (2009) 635. ..Category: Procedural Law | Date: | Hits: 83
Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)
....lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......nces). Reference Application No. 77 of 2001 with Reference Application Nos. 156, 157, 158 and 159 of 2007. Judgment Md. Abdur Rashid J. - The above references were presented against a common order dated 20-9-2000 passed by the Taxes Appellate Tribunal, Chittagong Bench at Chittagong in dism......Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ...... High Court Division (Special Statutory Jurisdiction) Present: Md. Abdur Rashid J Md. Miftahuddin Choudhury J Durga Prasad Singh Hajari…………………Applicant Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong.............Respondent Judgment December 12, 2007. ..Category: Fiscal/Taxation Law | Date: | Hits: 138
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
....y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......lt of co-habitation with Aminul Islam. Defendant No. 1 is therefore, not bound to give maintenance to the plaintiffs. 4. The Family Court on consideration of the evidence on record by judgment and order dated 3rd March, 2005 decreed the suit and directed the defendant No.1 to pay Taka 2,81,200 to......th. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......Reported in: 61 DLR (HCD) (2009) 697. ..Category: Family Law | Date: | Hits: 114
Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)
....ase that the tanks are retainable khas tanks of the plaintiffs. Mr. J. R. Mudasir Hossain has submitted that compensation with respect to the lands of khatian No.349 have been prepared and finally published and that compensation for acquisiÂtion of the suit lands have been received by the landlo...... S.C. Das - For the Appellants. J.R. Syed Modassir Hossain - For the State. First Miscellaneous Appeal No.77 of 1969. Judgment Sultan Hossain Khan J.- This appeal arises out of an order passed by the learned Subordinate Judge, Noakhali rejecting an application for temporary injun......f J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ...... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ..Category: Property Law | Date: | Hits: 74
Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......venue, represented by its Chairman, Rajashwa Bhaban, Segunbagicha, Dhaka-1000 and others……..Respondent Judgment March 8, 2010. Result: The Rule is made absolute-in-part. When an order passed by some authority suffers from an illegality which is apparent on the face of the recor......unt in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ...... Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Ocean Accessories Limited, Represented by Managing Director, E-19/6, Merul Badda, Gulshan, Dhaka and another……………………Petitioner Vs. The National Board of Revenue, represented by its Chairman, Rajashwa Bhaban, Segunba..Category: Fiscal/Taxation Law | Date: | Hits: 174
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