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Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)

....ll, 188; Suraj Narain Vs. Jamil Ahmad, AIR 1946 Patna 348; Narsing Das Vs. Gokul Prasad, AIR 1928 All, 140‑50 All. 113; Ahmed Ali Vs. Joty Proshad, 1944 All, 188; 5 CWN 230. Lawyers Involved: Md. Ruhul Amin II, Advocate – For the Petitioner. Mihir Kanti Majumder, Advocate ‑ For the Op......and Insurance Co. Ltd., (1912) 16 CWN 991=17 IC 188; Kolhapur Vs. Sundarak, AIR 1925 Madras, 497; Rosi Vs. Pillamma, (1909) 20 MLJ 400; Mangal Sen Vs. Emperor, 1929 Lah. 840; Mt. Moril Kuer Vs. Rajab Ali, 1936 Patna, 34; Ahmed Ali Vs. Joti Prasad, 1944 All, 188; Suraj Narain Vs. Jamil Ahmad, AIR 194......the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ......rt High Court Division (Civil Revisional Jurisdiction) Present Bimalendu Bikash Roy Chowdhury J Chowdhury Miah……………………….Petitioner.. Vs. Dhanindra Kumar Shil and others…………………....Opposite Parties Judgment December 10, 1992. Cases Refe..

Category: Procedural Law | Date: | Hits: 91

Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)

....badul Hoque J Shafiuddin Khan (Md)……………………Petitioner Vs. The State and another…………………..Opposite Parties Judgment January 6, 1993. Cases Referred to- Md. Shahjahan Vs. Haji Yeakub Ali, 31 DLR, 63; Abdur Rahim Vs. Begum A. Murshed, 34 DLR, 320; Empero......ion made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ...... High Court Division (Criminal Revisional Jurisdiction) Present: Muhammad Ansar Ali J Kazi Ebadul Hoque J Shafiuddin Khan (Md)……………………Petitioner Vs. The State and another…………………..Opposite Parties Judgment January 6, 1993. Cases Referred..

Category: Criminal Law | Date: | Hits: 132

Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)

....n of Mr. Huq that the application for setting aside the award is barred by limitation is of substance. 13. Before I part with the judgment I am inclined to make some observation on the role of Mr. Md. Siddiqullah, the Principal Officer of the appellant company, in dealing with the case. From the ......s cited by the learned Advocates. In the Calcutta case the applicant, Mrs. Aisha Ariff, second wife of Golam Hossain Ariff, instituted a suit praying for declaration that the award published by Ameer Ali, J., umpire, was invalid as there was no submission to arbitration agreement the umpire had no j......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......Syed JR Mudassir Husain J Adamjee Sons Limited................Appellant. Vs. Jiban Bima Corporation............Respondents Judgment August 3, 1992. Cases Referred To- LIGH Ariff and others Vs. Bengal Silk Mills Lid. and another, 1949 Cal. 350; Zeauddin and others Vs. Abdur Rafi..

Category: Alternative Dispute Resolution | Date: | Hits: 174

Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)

.... be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......own to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ...... This Case is also Reported in: 48 DLR (1996) 61. ..

Category: Criminal Law | Date: | Hits: 86

SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ...... Bangladesh and others…………………………..Respondents Judgment January 6, 2011. Lawyers Involved: Shah Md. Munir Sharif with Md. Sohel Rana, Advocates-For the Petitioner. Ali Mostafa Khan with Ms.Nahid Sultana, Advocates-For the Respondent. Writ Petition No. 3002 of ......ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J SDS Dairy Limited………………................Petitioner Vs. Bangladesh and others…………………………..Respondents Judgment January 6, 2011. Lawyers In..

Category: Procedural Law | Date: | Hits: 80

Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)

....wn the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ......DLR 398; Nizamuddin and others Vs. The State and another 13 BLT 460; Noor Islam and another Vs. State 6 BLC 178 Azizur Rahman and others Vs. The State 4 BCR (AD) 370. Lawyers Involved: Mohammad Ali Khan, Advocate-For the appellants. Md. Asheque Momin, Assistant Attorney General -For the res......Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ......ddin J. - I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 58

Babul and others Vs. State, 2011, 40 CLC (HCD)

....down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......Sarker alias Sudan Member and others Vs. The State 33 DLR 320; Soleman and others Vs. The State (1990) 10 BLD 179, The State Vs. Sree Ranjit Kumar Pramanik (1992)12 BLD (HCD) 284; The State Vs. Arman Ali and others 42 DLR (AD) 50; Rustum and others Vs. The State XIV BLT 435; Shamsuddin Sarker Vs. St......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ....... Borhanuddin J.-I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 111

Bulu and others Vs. State, 1992, 21 CLC (HCD)

....tence passed by the same court are taken up simultaneously one after another and disposed up by the same judgment. 2. The prosecution case, in short, was that on 3.9.87 at about 6‑00 PM deceased Md. Abu Sayeed while passing through the street by the side of the shop of one Lala Miah was attacke...... State…………………Respondent (Criminal Appeal No.500 of 1990). Judgment January 20, 1992. Cases Referred To- AIR 1978 (SC) 1530; 7 DLR 346; 12 DLR (WP) 30; SCMR (1973) 26; Hazrat Ali and others Vs. State, 1984 BLD 257; Yusuf Sk. Vs. Appellate Tribunal and another, 29 DLR (SC) 21......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......ction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J Bulu………………..Appellant Vs. State………………..Respondent (Criminal Appeal No. 383 of 1990). Khairul and others………………….Appellant Vs. State……………………Respondent (Crimina..

Category: Criminal Law | Date: | Hits: 83

Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)

....Khatoon died taking poison and the said member had come to start an unnatural death case over the same. The said Manir Hossain started UD Case No.23 dated 13.8.86 with Sharsha PS. Thereafter P.W.9 SI Md. Afsar Ali went to the house of accused and recovered dead body of victim Rahima Khatoon from the......ed to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......oque J Abdul Khaleque .........................Appellant. Vs. The State .................................Respondent Judgment December 10, 1992. Case Referred To- Hazer Ali Mondal and others Vs. State, 37 DLR (AD) 87. Lawyers Involved: MA Wahab, Advocate ‑ For the Appella..

Category: Criminal Law | Date: | Hits: 78

Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)

....7 DLR 46; Nadira Rahman Vs. Amir Hussain, 35 DLR 277; Shoukat Ali Vs. Administrator of Waqf, 29 DLR 276; Makbulal Huq Vs. Administrator of Waqf, 17 DLR 30. Lawyers Involved: Mahmudul Islam with Md. Reaz‑e-Morshed Kamal, Md. Gaziur Farooq and Syed Dastgir Hossain, Advocates ‑ For the Petiti......Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......LR 277; Shoukat Ali Vs. Administrator of Waqf, 29 DLR 276; Makbulal Huq Vs. Administrator of Waqf, 17 DLR 30. Lawyers Involved: Mahmudul Islam with Md. Reaz‑e-Morshed Kamal, Md. Gaziur Farooq and Syed Dastgir Hossain, Advocates ‑ For the Petitioner. A Baset Mazumder, Advocate ‑Respond..

Category: Trust/Waqf Law | Date: | Hits: 157

Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)

....BLD 323.......e is allowed on contest against the judgment‑debtor Nos. 1, 2, & 4 and ex parte against Judgment‑debtor No.3 without cost. The Judgment‑debtor Nos. 1, 2 & 3 Ajirannessa, Amanullah, Azim Ali directed to remove the said obstruction like houses, banana trees and bamboo jhar, etc. from the......assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323.......s Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323...

Category: Procedural Law | Date: | Hits: 95

Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)

.... the tank as pointed by accused Aftab, Ashadullah and Bashir. P.W.7 Shafiq Miah is the nephew of deceased Amjad. He simply stated that the dead body was recovered from the tank in his presence. P.W.8 Md. Ayub Ali stated that the dead body was recovered as pointed by accused appellants Bashir, Moshai...... Case is also Reported in: 45 DLR (HCD) (1993) 63. ......tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......e is also Reported in: 45 DLR (HCD) (1993) 63. ..

Category: Criminal Law | Date: | Hits: 62

Abu Bakkar and and another Vs. Md. Akbar Ali Biswas and others, 1991, 20 CLC (HCD)

....sult, this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 62. ......) 62. ...... any error of law occasioning failure of justice in passing the impugned order. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 62. ...... rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 62. ..

Category: Procedural Law | Date: | Hits: 77

Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)

....ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ...... Court Division (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Mozammel Hoque J Gouri Rani Dutta .....................................Petitioner Vs. Taib Ali & others......................................Opposite Parties Judgment June 14, 1......ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ......Ali & others......................................Opposite Parties Judgment June 14, 1989. Result: The Rule is discharged. Where the plaintiff withdraws from a suit, or abandons part of a claim, without the permission referred to sub-rule (2) he shall be liable for such ..

Category: Procedural Law | Date: | Hits: 92

Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)

....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......a…………..Applicant Vs. Ujala Match Factory, Shampur……………Respondent. Judgment June 2, 1991. Lawyers Involved: Moksudor Rahman, Advocate – For the Applicant. CR Ali with Abu Bakar, Advocates‑ For the Respondent. Application Nos. 1, 2 and 3 of 1984. Judg......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......¦Respondent. Judgment June 2, 1991. Lawyers Involved: Moksudor Rahman, Advocate – For the Applicant. CR Ali with Abu Bakar, Advocates‑ For the Respondent. Application Nos. 1, 2 and 3 of 1984. Judgment Abdul Bari Sarker J.- These three cases arise out of applications unde..

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

Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)

....ion) Present: Syed Fazle Ahmed J Afzal Meah.................Petitioner Vs. Bazal Ahmed and others.................Opposite Parties Judgment April 1, 1991. Lawyers Involved: Md. Ruhul Amin, Advocate ‑ For the Opposite Party-Petitioner No. 8. Md. Momtazuddin Ahmed, Advo...... evidence of P.W.2 lends corroborative support to the evidence of P.W. 1 on the point that pre‑emptor petitioner went to Qatar in the year 1976 and came back in the year 1979. Evidence of P.W.1 Md. Ali also lent corroboration on this point and relying on this evidence of 3 P.Ws. referred above, th......sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ...... in: 45 DLR (HCD) (1993) 15. ..

Category: Property Law | Date: | Hits: 72

Bangladesh Vs. M/s. Mashrique Tex­tiles and others, 1982, 11 CLC (AD)

....at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......d: A.W. Bhuiyan, Deputy Attorney-General instructed by A.W. Mian, Advocate-on-Record - For the appellant. Kamal Hossain, Senior Advocate, H.R. Sharif Advocate with him instructed by Syed Sakwat Ali, Advocate-on-Record - For the respondent No.1. Civil Appeal No.107 of 1981. (From the Judg......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ...... (Civil) Present FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Bangladesh.........Appellant Vs. M/s. Mashrique Tex­tiles and others...........Respondents Judgment May 18, 1982. Cases Referred To- Dhanrajamal ..

Category: Alternative Dispute Resolution | Date: | Hits: 147

Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)

....ion (Civil) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabudin Ahmed J Chowdhury ATM Masud J Bangladesh & another.............Appellants Vs. Md. Salimullah............Respondent (In Civil Appeal No. 90 of 1981) And Bangladesh………â......l Appeal No. 90 of 1981) And Bangladesh………….Petitioner Vs. Hamidul Huq Chow­dhury and others..............Respondents (In Civil Petition Nos. 30 & 31 of 1982) And Syed Ali...............Petitioner Vs. Director-General, BDR and others.........Respondents (In Civ......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......h & another.............Appellants Vs. Md. Salimullah............Respondent (In Civil Appeal No. 90 of 1981) And Bangladesh………….Petitioner Vs. Hamidul Huq Chow­dhury and others..............Respondents (In Civil Petition Nos. 30 & 31 of 1982) And Syed Ali...

Category: Constitutional Law | Date: | Hits: 181

Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)

....question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ......………Respondent Judgment March 13, 1978. Case Referred To- The Commissioner of Income Tax, Dacca Zone Vs. Gulistan Cinema Co. (1976) 28 DLR (AD) 14. Lawyers Involved: C.R. Ali, Advocate, instructed by Abu Bakkar, Advocate-on-Record - For the Appellant. A.K.M. Mozammel......question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ......te-on-Record - For the Appellant. A.K.M. Mozammel Haque Bhuiyan, Advocate instructed by S.S. Hoda, Advocate-on- Record - For the Respondent. Civil Appeal No.75 of 1977. (From the Judgment and Order 10th April, 1975 passed by the High Court Division in Reference Case No.28 of 1969). J..

Category: Fiscal/Taxation Law | Date: | Hits: 77

Superintendent & Remembrancer of Legal Affairs, Government of Bangladesh Vs. Siddique Ahmed, 1977, 6 CLC (AD)

....ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences. Ed. This Case also referred in: 31 DLR (AD) (1979) 29. ...... Lawyers Involved: Sultan Hossain Khan, Deputy Attorney-General, with B.B. Roy Chowdhury, Assistant Attorney-General, instructed by A. Backkar, Advocate-on-record - For the Appellant. M. Behter Ali, Advocate-on-Record - For the Respondent. Criminal Appeal No. 13 of 1977. (From the Judgm......ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences. Ed. This Case also referred in: 31 DLR (AD) (1979) 29. ......ttorney-General, instructed by A. Backkar, Advocate-on-record - For the Appellant. M. Behter Ali, Advocate-on-Record - For the Respondent. Criminal Appeal No. 13 of 1977. (From the Judgment and order dated 13-9-1977 by the High Court of Bangladesh in Criminal Appeal No. 285 of 1970). Ju..

Category: Criminal Law | Date: | Hits: 74