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Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......up together for disposal as common question of law and facts are involved. 2. In Criminal Revision Nos.1127 of 1994 and 1129 of 1994 Rules were issued asking the opposite Parties to show cause why orders dated 27.5.94 and 29.5.94 passed in Sessions Case Nos.3 of 1994 and 27 of 1994 respectively s...... passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......eported in: 48 DLR (HCD) (1996) 158. ..Category: Criminal Law | Date: | Hits: 99
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......ll these articles inside the drawer of the cashier and on the night of occurrence he kept those things at the varandah. Mr. Chowdhury argued that this pan of the confessional statement can be used in order to corroborate the prosecution case to base conviction. The learned Additional Session Judge a......ions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......ved: Amirul Kabir Chowdhury, Deputy Attorney General with Md. SA Hasan, Assistant Attorney-General ‑ For the State. Basratul Mowla with Md. Khurshid Alam, Advocates - For the Condemned-petitioner. Death Reference No.12 of 1992. Judgment Quzi Shafiuddin J.- Lokman Miah, the condemn..Category: Criminal Law | Date: | Hits: 73
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
....of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......Mamun, Assistant Attorney-General - For the State. Criminal Revision No.3237 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioner is for quashing the order 11.7.91 passed by the District Magistrate, Noagaon reviving Special Tribunal Case No. 64 of 19......scharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......96) 148...Category: Criminal Law | Date: | Hits: 82
Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)
.... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146.......cused petitioner, Mojibul Haque is for quashing the proceedings of Special Case No.67 of 1981 pending in the Court of Divisional Special Judge, Dhaka. 2. The proceedings of the case was stopped by order dated 4.11.89 under section 8(a) of the Criminal Law Amendment (Amendment) Act 1987 and therea......t of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146.......DLR (HCD) (1996) 146...Category: Procedural Law | Date: | Hits: 99
Sultan Ahmed alias Sentu Vs. State, 1994, 23 CLC (HCD)
.... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143....... Assistant Attorney-General - For the State. Criminal Revision No.1064 of 1992. Judgment AKM Sadeque J.- This rule under section 439 of the Code of Criminal Procedure is directed against the order dated 25.7.92 passed by the learned Session Judge, Khulna in Session Case No. 53 of 1992. In r......gnizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143.......ted in: 48 DLR (HCD) (1996) 143...Category: Criminal Law | Date: | Hits: 92
Syed Nazakat Hossain alias Ujjal Vs. State, 1995, 24 CLC (HCD)
....acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ...... and conjunction. Considering the aforesaid factual and legal position we find that the conviction and sentence under appeal cannot be maintained. These appeal is therefore, allowed, Judgment and order dated 13.1.93 passed by the Additional Sessions Judge, 6th Court , Dhaka in Sessions case No.3......kat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ......1993. Judgment Md. Gholam Rabbani J.- Appellant Syed Nazakat Hossain alias Ujjal along with accused Amin Rasul alias Sagar since acquitted were charged under sections 302/109, BPC for murdering one Mahbubul Islam And was placed on trial before the 6th Court of Additional Sessions Judge, Dhaka,..Category: Criminal Law | Date: | Hits: 88
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
...., the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141.......Md. Abdul Halim with Md. Md. Enamul Huq Advocates - For the opposite party. Civil Revision No.322 of 1993 Judgment Abu Sayeed Ahammed J.- The revision calls in question the propriety of the order dated 2.11.92 passed by the Senior Assistant Judge, Cox’s Bazar in Other Suit No.182 of 1975...... Advocate ‑ For Petitioner. Md. Abdul Halim with Md. Md. Enamul Huq Advocates - For the opposite party. Civil Revision No.322 of 1993 Judgment Abu Sayeed Ahammed J.- The revision calls in question the propriety of the order dated 2.11.92 passed by the Senior Assistant Judge, Cox’s B......d. This Case is also Reported in: 48 DLR (HCD) (1996) 141...Category: Procedural Law | Date: | Hits: 124
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......For the Petitioner. A J Mohammad Ali, Advocate ‑ For the Opposite Parties. Civil Revision No. 994 of 1989. Judgment Abu Sayeed Ahammed J.- Thus Rule calls in question the Judgment and order dated 26.8.89 passed by the Subordinate Judge, Serajganj in Miscellaneous Appeal No.28 of 1989......ecords at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......48 DLR (HCD) (1996) 137...Category: Property Law | Date: | Hits: 89
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......5. The Division Bench having failed to come to an agreement as to this question of issuing a rule or otherwise the matter was directed to be placed before the learned Chief Justice for an appropriate order and the matter was thereafter placed before the learned Chief Justice and by the order of the ......ce having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......1954 (Madras) 360; Hind Vs. The Queen 1976 1 All England Reports (PC) page 253. Lawyers Involved: Amir‑ul‑Islam with Zakir Ahmed, Md. Nurul Huda and Shirin A Choudhury‑For the Petitioner (In Writ Petition No. 2195 of 1991). Moudud Ahmed-Petitioner in person (In Writ Petition ..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ...... J MG Jilani…………Petitioner Vs. Md. Wahed Uddin Sardar........... Opposite party Judgment March 16, 1989. Result: The Rule is discharged without any order as to costs. Cases Referred to- Mohammad Salim Vs. Mohammad Siddiq Jamal & oth......1992) 348. ......s also Reported in: 44 DLR (HCD) (1992) 348. ..Category: Civil Law | Date: | Hits: 140
Mahbubur Rahman Vs. State, 1992, 21 CLC (HCD)
....lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ...... Criminal Revision No. 628 of 1990. Judgment Abdul Bari Sarker J.- This Rule arises out of an application under section 439 of the Code of Criminal Procedure and is directed against the orders dated 3.4.90 and 4.6.90 passed by the Divisional Special Judge, Rajshahi in Special Case No.1......impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ......42. ..Category: Criminal Law | Date: | Hits: 78
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
.... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582........- On an application under Article 102 of the Constitution of the People’s Republic of Bangladesh, a Rule Nisi was issued on 15.8.90 calling upon the respondents to show cam as to why the impugned order dated 16.6.90 as contained in Annexure‑J to the petition and them upon initiation of Crimina......aying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582....... Court High Court Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Md. Badiuzzaman J SM Shafiul Azam and others………………………Petitioners Vs. The Director of Labour and others…………………………Respondents ..Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......mpuged proceedings of Special Case No.11 of 1992 now pending in the court of Additional Sessions Judge, 2nd Court and ex‑officio Special Judge, Dhaka should not be quashed, or such other or further order or orders passed as to this court may seem fit and proper. 2. While issuing the Rule on ......o hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......6. ..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519.......on remand to the trial court to afford an opportunity to the plaintiff opposite party to have the plaint amended to secure ends of justice. 14. In the result, the Rule is made absolute without any order as to costs. The judgment and decree of both the Courts below are set aside and the suit sen....... Result: The Rule is made absolute. Cases Referred to- Asia Khatun Vs. Kutu Bewa, 6 DLR page 156; Daibakilal Basak Vs. Iqbal Ahmed, 1965 PLD Dhaka 411. Lawyers Involved: Akram Hossain Amin with Md. Sajjad Ali Chowdhury Advocates - For the Petitioners. Md. Ansar Ali, Advocate - ......1989) 519...Category: Property Law | Date: | Hits: 134
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......t could only be done under the Guardian and Wards Act and that there was no allegation against the father (Petitioner) as to the welfare of the child. Accordingly he rejected the application by his order dated 30.6.87. After the disposal of the above Criminal Misc. Case No. 1441/87 the complaina......ding in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......ourt High Court Division (Dhaka Bench) (Criminal Revisional Jurisdiction) Present: Latifur Rahman J Nurul Huque Bhuiyan J Kazi Mohammad Elias...............................Petitioner Vs. Firdous Ara @ Sara...................................Opposite Party Judgment Ap..Category: Family Law | Date: | Hits: 255
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......te - For the Opposite Party. Civil Revision No.951 of 1982 Judgment Mustafa Kamal J.- This Rule obtained under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 3.2.82 passed by the learned Subordinate Judge, 5th Court, Dhaka in Money Suit No.11 of ......(Civil Revisional Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Bangladesh Inland Water Transport Authority...................................Petitioner Vs. United Trading Corporation............................................Opposite Party Judgment May 29, 198......ision (Dhaka Bench) (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Bangladesh Inland Water Transport Authority...................................Petitioner Vs. United Trading Corporation............................................Opposite Party ..Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ......on that allowing 40% exemption ignoring the recommendation of waiver of 75% by Bangladesh Bank, the controlling authority was unreasonable and arbitrary. It also came to the finding that the impugned order was discriminatory as other companies standing on the same footing with the petitioner has bee......d. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ...... বাবদ ডিক্রি পান।” 4. The fact of the case, although are not so much relevant for disposal of this appeal, but for a reference, it appears that defendants was sanctioned loan of Taka 15,00,000 + 2,00,000 = total 17,00,000 on 8-7-1989. Defendant defaulted in paying ..Category: Civil Law | Date: | Hits: 141
Shamsur Rahman alias Shamsu Moral and another Vs. State, 1998, 27 CLC (HCD)
....tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338.......ioner was convicted and sentenced to suffer imprisonment for life under sections 302/34 of the Penal Code and for 2 years under section 201 of the Penal Code. He took appeal against that judgment and order of conviction and sentence. During the pendency of the appeal before the High Court Division t...... Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338.......) 338...Category: Criminal Law | Date: | Hits: 91
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
....to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ...... Md. Abdul Aziz J Khondker Abdul Majed……………Petitioner Vs. Tarapada Dey………….Opposite Party Judgment June 28, 1999. Result: The Rule is discharged without any order as to costs. Case Referred to- Md. Abul Quasem Vs. Md. Lutfor Rahman, 10 BLD (1990) (AD)......rshid Alam Khan, Advocate — For the Petitioner. Nazrul Islam Talukder, Advocate — For the Opposite Party. Civil Revision No. 3203 of 1998. Judgment Md. Abdul Aziz J.- This Rule at the instance of the defendant-petitioner has been obtained calling in question the order being Order No.......ase is also Reported in: 51 DLR (1999) (HCD) 336. ..Category: Civil Law | Date: | Hits: 122
Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)
....n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333.......Choudhury J.- Reference Application Nos.68/75 of 1994 have been taken up for judgment as common question of law and fact is involved in these reference applications preferred against the judgment and order passed by the Taxes Appellate Tribunal. Dhaka Division, Dhaka on 27- 9-93. The Tribunal by a s......foresaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333.......51 DLR (1999) (HCD) 333...Category: Fiscal/Taxation Law | Date: | Hits: 254
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