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Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)

....e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......owdhury J Abdul Quayuam Khan……………Petitioner Vs. Abu Yusuf Mridha………………Opposite Party Judgment November 20, 1997. Result: The Rule is discharged without any order as to costs. Case Referred to- Asadunnessa and others Vs. Kamruzzaman and others, 26 DLR......1997. Result: The Rule is discharged without any order as to costs. Case Referred to- Asadunnessa and others Vs. Kamruzzaman and others, 26 DLR 363. Lawyers Involved: Rafiqul Hossain on behalf of Quamruzzaman, Advocate — For the Petitioner Mihir Kanti Majumder Advocate — F......e. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ..

Category: Procedural Law | Date: | Hits: 129

Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)

....should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......icia Dairy Food Ltd……..........Petitioner Vs. Collector of Customs and others ………………….Respondent Judgment June 25, 1998. Result: The Rule is discharged without any order as to costs. Cases Referred to- Rahima Food Corporation Ltd. Vs. Deputy Collector of Cus...... the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......1 DLR (HCD) (1999) 381...

Category: Fiscal/Taxation Law | Date: | Hits: 189

State Vs. Shahidul Alam Chowdhury and two others, 1999, 18 CLC (HCD)

....al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380.......efore a Division Bench presided over by Mr. Justice Kazi Safiuddin and accordingly the said application was rejected as not pressed. In spite of the same petitioner filed an application for recalling order dated 7-7-97 making false statement therein. 5. In the said application it was stated that ......pted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380....... This Case is also Reported in: 51 DLR (HCD) (1999) 380...

Category: Criminal Law | Date: | Hits: 87

Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)

....First Court, Patuakhali for disposal of the Miscellaneous Case in ac­cordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......................Petitioner Vs. Jugal Chandra Shaha & others............................Opposite Parties Judgment November 30, 1988. Result: The Rule is made absolute without any order as to costs. Lawyers Involved: A.K.M. Zahirul Huq, with Fakhrul Islam, Ad­vocate - For ......ade above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473....... Court High Court Division (Barisal Bench) (Civil Revisional Jurisdiction) Present: Muhammad Ismailuddin Sarker J Assistant Custodian, Vested Property..........................Petitioner Vs. Jugal Chandra Shaha & others............................Opposite Parties Judgm..

Category: Limitation Law | Date: | Hits: 275

Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)

....rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Habibullah Sheikh……………………………Opposite Party Judgment January 11, 1989. Result: The Rule is made absolute without any order as to costs. Cases Referred to- 29 DLR 301; 9 DLR 89; 5 DLR 451; 8 DLR 258; Sasadher Gh......itioner. Md. Abdul Kuddus Miah, Advocate - For the Opposite Parties. Civil Revision No. 200 of 1984. Judgment MS Ali J.- This Rule under section 115 of the Code of Civ­il Procedure calls in question the judgment and order dated 31.5.84 passed by the Subordinate Judge, Lakshmipur in Misc...... 41 DLR (HCD) (1989) 463...

Category: Property Law | Date: | Hits: 106

Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)

....writer and as writer took literacy as profession and earned reputation as political organizer. He was also a broadcaster of Bangladesh Betar and his different writings and story as 'Betar drama' were published, broadcasted and earned him fame. He was also a writer of biography and he also took inter......should the servant's liability. 35. So in the normal case there has been only one tort, but as it has been committed in the course of employment the master is jointly responsible for it. 36. In order that the doctrine of vicarious liability may apply, there are two conditions which must co-exi......down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......ed. Accidental death also a premature death Government is answerable to all such premature death as Government is to protect the citizen and is responsible for the life of a citizen as such, when any one of whatever class, society, place met death by accident. It should be the duty of the Government..

Category: Civil Law | Date: | Hits: 339

Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)

....n Sirker, learned Advocate, appearing for the auction purchaser, submits that, his client did not do any wrong as he is a bonafide purchaser of the suit property in auction pursuant to a notification published in daily newspaper pursuant to the decree obtained from a competent Court and also pursuan......he Miscellaneous Case No.33 of 2005 on 7-3-2006 and rejected the application filed for adjournment. The learned Judge dismissed Miscellaneous Case No.33 of 2005 on 7-3-2006. Having being aggrieved by order dated 7-3-2006. Judgment debtor petitioner preferred Miscellaneous Appeal No.90 of 2006 before....... Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......10) 474. ..

Category: Civil Law | Date: | Hits: 156

Trading Corporation of Bangladesh Vs. Commissioner, Customs, Excise and VAT Commissionarate and others, 2010, 39 CLC (HCD)

....und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 471.......-1) which was allowed on contest on 8-11-2003 holding that the petitioner (TCB) would be exempted from paying trade VAT @ 1.5% and the Commissioner Appeal set aside the demand dated 7-10-2002. By the order of Commissioner of Appeal it was established that the very claim of 15% trade VAT from TCB had......preferably within 1(one) month from the date of receipt of this order positively. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 471.......) (2010) 471...

Category: Fiscal/Taxation Law | Date: | Hits: 323

Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)

.... let us see and examine the allegations made in the writ petition about illegal sand extraction from the bed and banks of the river. 23. Annexure-C series. G-2, G-6 and H are the newspaper reports published in some dailies, including the Daily Ittefaq, stating that five villages namely, Ghagtia a......nment Lawyers Association (BELA)……………Petitioner Vs. Bangladesh…………..Respondents Judgment June 3, 2010. Result: The Rule is made absolute in part and the injunction order stands vacated. Cases Referred to- Dr. Mohiuddin Faruque Vs. Bangladesh, 49 DLR (AD) 1; ......ds vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......eme Court High Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Azizul Haque J Bangladesh Environment Lawyers Association (BELA)……………Petitioner Vs. Bangladesh…………..Respondents Judgment June 3, 2010. Result: The Ru..

Category: Environmental Law | Date: | Hits: 1019

Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)

....l be free to cancel the bail of the petitioner in case of any viola­tion of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......na but the same were rejected. Thereafter the petitioner moved the learned Sessions Judge, Khulna in Bail Case No.107 of 1987 but the prayer for bail was rejected by the learned Sessions Judge by his order dated 10.1.88 with the observa­tion mat the petitioner was not named in the F.I.R. but she wa......­tion of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......High Court Division (Jessore Bench) (Criminal Miscellaneous Jurisdiction) Present: DM Ansaruddin Ahmed J Muhammad Ansar Ali J Majeda Khatun @ Majeda Rahman..................Petitioner Vs. The State………………………………………………...Respondent Judgm..

Category: Criminal Law | Date: | Hits: 105

Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)

....and as such it calls for interference. The im­pugned order be set aside and the Rule be made abso­lute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......d. Nurul Huda Jaigirdar, Advocate—For Opposite Parties. Civil Revision No.55 of 1986. Judgment AKM Sadeque J. - This Rule, issued at the instance of the plain­tiffs, calls in question the order No.14 dated 21.11.85 passed by the Munsif, Sadar, Sylhet, in Title Suit No.196 of 1985 allowin................Opposite Parties Judgment February 11, 1988. Result: The Rule is made abso­lute. Cases Referred to- Mst. Jahanara Be­gum Vs. A.L. Md. Shamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Management Board, 31 DLR page 107; Md. Ay......D) (1990) 72. ..

Category: Procedural Law | Date: | Hits: 193

Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)

....me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70....... M. Fazlul Karim, Advocate—For the Peti­tioner. No one-For the Opposite Parties. Criminal Revision Case No. 37 of 1986. Judgment A.M. Mahmudur Rahman J. - This Rule aris­es out of an order passed by Upazila Magistrate Maheshkhali, Cox's Bazar finding possession of the lands in favou......ure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......DLR (HD) (1990) 70...

Category: Criminal Law | Date: | Hits: 126

Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)

....stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ...... not feel that he has com­mitted any illegality which occasioned any failure of justice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ....... - These three Rules are heard together and are disposed of by this Judgement as they arise out of the same judgement passed by the Member. Arbitration Appellate Tribunal and Dis­trict Judge, Dhaka in Arbitration Appeal Nos.1/87 and 2/87 allowing in part and modifying the Award passed by the Arbit......y Judgment April 9, 1989. Result: The Rules are discharged. Cases Referred to- 38 DLR (AD) 172 9; 40 DLR 232 9. Lawyers Involved: Gazi Abdur Rashid, Advocate—For the Peti­tioner. Ashraf Ali Kazi, Advocate—For Opposite Party (In Civil Revision No. 535 of 1988). A.Y...

Category: Alternative Dispute Resolution | Date: | Hits: 280

Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)

....ed, the question of amendment of the plaint does not arise. Hence the connected rule is also dis­charged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......t the plaintiff remained ab­sent from duties on 11.11.74 without prior permis­sion, that he failed to account for cash remittance sent by Habib Bank, Morrelgonj Branch, on the same date, issued pay order on different dates without receipt of money thereof on the same date, that there was cash shor......, Advocate— For the Opposite Party. Civil Revision Case No. 111 of 1989. Judgment Abdul Bari Sarker J.- This application un­der section 115 of the Code of Civil Procedure is di­rected against the Judgment and decree passed by Mr. Md. Habibullah, Additional District Judge, Khulna in Titl...... (HD) (1990) 60. ..

Category: Employment/Service Law | Date: | Hits: 175

Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)

....e Suo Motu Rule No. 47/89 is also dis­charged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......Affairs, Government of Ban­gladesh and accused Shah Alam Chowdhury, Moniruzzaman, Shahnawaz, Jamal Uddin, Selim Khondker, Saidur Rahman Chowdhury, Atiar Rah­man and Nizamuddin to show cause why the order dated 14.7.88 passed by the Chief Metropolitan Magistrate, Dhaka permitting further investigat......py of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......vision (Dhaka) (Criminal Miscellaneous Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Daliluddin Ah­med J Shah Alam Chowdhury..............................Petitioner Vs. The State…………………………………..Opposite Party Judgment Marc..

Category: Criminal Law | Date: | Hits: 127

State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)

....rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......Jan Mohammad of Kalamati within P.S. Dinahate lying within the district Kuchbihar (in India) was following him from behind. Village Kalamati is an enclave within the In­dian territory surrounded by border of Bangladesh territory. Taka 55/- which accidentally dropped from pocket of Muslim Ali on the......the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......High Court Division (Rangpur Bench) (Criminal Appellate Jurisdiction) Present: Syed Fazle Ahmed J DM Ansar Uddin Ahmed J State ……………………………………….Petitioner Vs. Jahaur Ali & Others..............Opposite Parties Judgment March 30, 1987..

Category: Criminal Law | Date: | Hits: 107

Md. Nasir Vs. State, 1989, 18 CLC (HCD)

....t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for infor­mation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......s 302/34 of the Penal Code and convicted and Sentenced, thereunder and sentenced to suffer rigorous imprisonment for life and other two namely Enamul Hoque and Nur Nabi were acquitted by judgment and order dated 23.6.84. Be it mentioned that Nur Nabi and Enamul Hoque were tried in absentia. 2. Pr......neral, Comilla for infor­mation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......onvicted and Sentenced, thereunder and sentenced to suffer rigorous imprisonment for life and other two namely Enamul Hoque and Nur Nabi were acquitted by judgment and order dated 23.6.84. Be it mentioned that Nur Nabi and Enamul Hoque were tried in absentia. 2. Prosecution case may briefly be st..

Category: Criminal Law | Date: | Hits: 117

Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)

.... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ......xt submission of the learned Advo­cate for the petitioner is that there are three conditions in section 27 (b) of the Specific Relief Act which need to be satisfied by s subsequent transferee in order to come within the exception of that sub­section, viz. whether his transfer is for value and ....... Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ...... in: 42 DLR (HD) (1990) 86. ..

Category: Civil Law | Date: | Hits: 133

Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)

....dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ......uty Attorney-General—For the Respondent. Criminal Jail Appeal No. 779 of 2003. Judgment Syed Abu Kowser Md. Dabirush Shan J.- This jail appeal is directed against the impugned judgment and order dated 27‑8‑2003 passed by the learned Sessions Judge, Chandpur, in Sessions Case No.64 of ......ence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ...... life and to pay a fine of Taka 5000 (five thousand) in default to suffer rigorous imprisonment for 6(six) months and to suffer rigorous imprisonment for 5(five) years and to pay a fine of Taka 1000 (one thousand) in default to suffer rigorous imprisonment for 1(one) month respectively and both the ..

Category: Procedural Law | Date: | Hits: 118

Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Limited & another, 1989, 18 CLC (HCD)

..... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ......8 of 1988. (An applica­tion under Article 102 of the Constitution of the People's Republic of Bangladesh.) Judgment Abdul Matin Khan Chowdhury J. - This Rule challenges the legality of the order of the Respondent No.1 whereby disconnection of gas in the brick-field of the petitioner in re......costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ......igh Court Division (Dhaka) (Special Original Jurisdiction) Present: Abdul Matin Khan Chowdhury J Naimuddun Ah­med J Conforce Limited, a Limited Liability Company………...Petitioner Vs. Titas Gas Transmission and Distribution Co. Limited, a Public Limited Liability Com­..

Category: Others | Date: | Hits: 227