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Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)

....asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593.......ttorney General with Amirul Kabir Chowdhury, Deputy Attorney General ‑ For the State. Criminal Revision No.922 of 1993. Judgment Mohammad Fazlul Karim J.- This Rule is directed against the order dated 30.6.93 passed by the Chief Metropolitan Magistrate, Dhaka in Ramna PS case No.126(8)92 ......he order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593.......(1993) 593...

Category: Criminal Law | Date: | Hits: 87

Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)

....equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ......e ‑ For the Petitioners. Mokbul Ahmed, Advocate ‑ For the Opposite Party. Civil Revision No.457 of 1988. Judgment AM Mahmudur Rahman J.- The petitioners obtained this Rule against the order of an ad interim attachment before judgment passed on March 7, 1988 by the learned Subordinate...... Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ...... High Court Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Syed JR Mudassir Hossain J Eurco Explorer Co. Ltd. Athens Greece and others………………Petitioners Vs. Grain Bank Ltd……………Opposite Party Judgment November 23, 1992. Res..

Category: Civil Law | Date: | Hits: 75

Shamsuddin Vs. The State, 1990, 19 CLC (HCD)

....nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......No.27 of 1987. (Arising out of Sessions Case No.34 of 1986 (Nilphamari) in the Court of Sessions Judge, Nilphamari). Judgment Mahmudul Amin Choudhury J.- This appeal is directed against the order of conviction and sentence passed by the learned Sessions Judge, Nilphamari in Sessions Case N......e trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......93) 587. ..

Category: Criminal Law | Date: | Hits: 66

Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)

....desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ......de in the plaint were categorically denied. Both parties led evidences in support of their respective contention and the learned Munsif on consideration of the evidence dismissed the suit without any order as to Cost. Being aggrieved and dissatisfied with judgment and decree dated 27.3.88 plaintiff ......s………………….Opposite Parties Judgment January 8, 1992. Result: The Rule is discharged. Cases Referred to- Syed Md. Shah Vs. Abdul Jabbar, Md. Yakub and others, 1943 AIR (Sind) page 132; Haji Golain Sarwar Vs. Dayarant, SCMR 1975, page 179; Sabilri Bala Vs. Rohini Kanta M......orted in: 45 DLR (HCD) (1993) 584. ..

Category: Procedural Law | Date: | Hits: 74

Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)

.... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......cord- For the Appellant. Abdul Wadud Bhuiyan, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondent. Civil Appeal No.139 of 2003. (From the judgment and order dated 16.6.1999 passed by the High Court Division in Civil Revision No.1984 of 1996.) Judg......llowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......ived as husband and wife together for a considerable time and the marriage was duly consummated. With the passage of time the respondent became more greedy and started demanding dowry from her and at one stage the respondent drove her away from his house. Respondent contested the suit denying the ma..

Category: Family Law | Date: | Hits: 318

SM Abdur Rob Vs. Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and others, 1991, 20 CLC (HCD)

....While he was in jail custody, he contested in the election to the office of Chairman of Dasuria Union Parishad, Upazila Iswardi, District Pabna which was held on 10.2.88 and the petitioner's name was published in the Official Gazette on 28th, June, 1988 as Chairman of Dasuria Union Parishad, Upazila......la Co‑operative Officer, Iswardi, District Pabna declaring the election schedule fixing 14.1.92 as the date of election of No.4, Dasuria Union Parishad, Upazila Iswardi, District Pabna and also the order dated 3.12.91 (Annexure E) passed by the Chief Election Commissioner and the Election Commissi......y, 1992. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 581. ......(1993) 581. ..

Category: Election Law | Date: | Hits: 129

Abdul Jabbar Khan and others Vs. Sreela Sreejukteswar Radha Madhab Thakur Jiew, 1993, 22 CLC (HCD)

....tition within one month from the date of receipt of this judgment. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 577. ......ocate ‑ For the Petitioners. Jagodish Chandra for L Gomej, Advocates - For the Opposite Parties. Civil Revision No. 316 of 1989. Judgment AM Mahmudur Rahman J.- This Rule is against the order passed by the Subordinate Judge, 3rd Court, Dhaka on 7.3.89 rejecting the application filed un......afur, Advocate ‑ For the Petitioners. Jagodish Chandra for L Gomej, Advocates - For the Opposite Parties. Civil Revision No. 316 of 1989. Judgment AM Mahmudur Rahman J.- This Rule is against the order passed by the Subordinate Judge, 3rd Court, Dhaka on 7.3.89 rejecting the application......ed in: 45 DLR (HCD) (1993) 577. ..

Category: Property Law | Date: | Hits: 55

Gias Uddin Vs. State, 2002, 31 CLC (HCD)

.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328....... Respondent‑State. Criminal Appeal No. 1790 of 1996. Judgment Tariqul Hakim J.- This Criminal Appeal, at the instance of accused‑appellant Giasuddin, is directed against the judgment and order, dated 19‑10‑1996, passed by the learned Additional Sessions Judge, First Court, Mymensing......of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328.......sed Shajeda had no children of her own. In reply to another question, she said that after hearing the sound of thumping of feet of the deceased she went into her room and saw the deceased moving from one direction to another and hitting her head and body against this and that and sustaining injuries..

Category: Criminal Law | Date: | Hits: 51

Seing Hia Maung Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

....be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327.......ion of illegal arms by the detenu no arms were recovered from the possession of the detenu nor any specific case under the Arms Act was filed against him. Lastly, the learned Advocate has shown us an order dated 1‑1‑2003 passed by the Magistrate Cognizance Court No. 3 Cox's Bazar by which the le......nnection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327.......d in: 55 DLR (2003) 327...

Category: Criminal Law | Date: | Hits: 55

Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)

....m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......y-Genera-For Opposite Party. Criminal Revision No. 555 of 1998. Judgment Md. Arayesuddin J.- In this revision Rule was issued upon the opposite party to show cause as to why the judgment and order passed by the learned session Judge Satkhira in Criminal Appeal No. 47 of 1997 upholding the j......itioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......ase is also Reported in: 55 DLR (2003) 325...

Category: Criminal Law | Date: | Hits: 62

Reliance Auto Ltd. Vs. Commissioner of Customs, Customs House, Chittagong and others, 2003, 32 CLC (HCD)

....me of shipment and the age of the vehicle shall be ascertained from the date of manufacture of Chassis and in case of import from Japan the age shall be determined on consultation of the Chassis Book published by the Japan Automobile Association. This Import Policy Order, 1997‑2002 has got no retr......1998. Judgment Abdus Salam Mamun J.- This Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents, to show cause as to why order contained in File No.3325/AP/group‑10/97‑98 dated 2‑6‑98 issued by respondent No.2 (An......uthority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 322. ......eported in: 55 DLR (2003) 322. ..

Category: Business or Commercial Law | Date: | Hits: 209

James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)

....993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee ­applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ......‘84 and 1984‑85 and were determined by Mr. TA Chowdhury, Senior Appellate Joint Commissioner of Taxes, who treated the company as non‑resident and allowed the appeals. He set aside the assessment orders of the Deputy Commissioner of Taxes in respect of each of the assessment years and directed t......tive and in favour of the assessee ­applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ......ported in: 55 DLR (2003) 315. ..

Category: Fiscal/Taxation Law | Date: | Hits: 120

Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)

....appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......rney-General-For the State. Criminal Appeal No. 889 of 1991. Judgment Md. Abdur Rashid J.- This Appeal was presented under section 410 of the Code of Criminal Procedure against judgment and order dated 10‑6-1991 passed by the learned Sessions Judge at Faridpur in Sessions Case No. 08 of ......ith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......her convicted each of them under sections 307/149 and sentenced each of them to suffer rigorous imprisonment for five years and also to pay a fine of Taka 5,000 in default to suffer further period of one year rigorous imprisonment. Both the sentences were ordered to run concurrently. 2. Prosecuti..

Category: Criminal Law | Date: | Hits: 60

Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)

....tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......stered deed being deed No.1772. She duly got possession of the disputed house and continued to possess this house. During the war of liberation in 1971 she had to take shelter temporarily in Dhaka in order to save her life leaving the disputed house under lock and key. After liberation of Bangladesh......he nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......D) (1993) 571. ..

Category: Property Law | Date: | Hits: 75

Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)

....e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567.......n 2/3 blank cartridge papers without the knowledge of Parash Chandra Biswas and might have manufactured the will in question after the death of the widow of Parash Chandra Biswas. It appears from the order sheet that after close of the examination and cross­-examination of P.Ws. 1‑5 on 17.4.74 co...... find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567....... villagers must have known about the same. Plaintiff never attempted to take probate of the alleged will during life time of the widow of Parash. Plaintiff with the help and in collusion with his dishonest partymen manufactured and fabricated the alleged will to grab the properties of Parash who was..

Category: Property Law | Date: | Hits: 78

Azizul Haque Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....diate and Secondary Education, Dhaka, however, may constitute an ad‑hoc committee in terms of Regulation 8 of the said Regulations. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 566. ......o an ad‑hoc committee is to be constituted for a period not exceeding 6 months for the purpose mentioned in that regulation. 7. In this view of the matter, the Rule is made absolute, without any order as to costs and the formation of the impugned Special Committee is declared to have been made ......titute an ad‑hoc committee in terms of Regulation 8 of the said Regulations. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 566. ...... 45 DLR (HCD) (1993) 566. ..

Category: Civil Law | Date: | Hits: 89

KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)

.... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ......hana, Advocates- For the Petitioner. Civil Revision No.482 of 1993 with Civil Revision No.713 of 1093. Judgment DM Ansar Uddin Ahmed J.- These two Civil Revision Cases have arisen out of two orders passed on two different dates by the Assistant Judge, 3rd Court Dhaka in Title Suit No.21 of ...... the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ......eported in: 45 DLR (HCD) (1993) 562. ..

Category: Civil Law | Date: | Hits: 104

Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)

....em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ...... leaving two sons Alim and Kalim and Alim died leaving son Hamid, and Kalim died leaving four sons. Alleged Hiba deed by Moslehuddin in favour of Kalim, Harez and Afsar is fraudulent and illegal. The order of deaths given in the Plaint and plaintiffs' claimed shares are not correct. In the additiona......ee is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ......m judgment and decree dated 30.6.67 passed in this Title Suit No.69 of 1956. 3. Plaintiffs case, in short, is that 20.07 acres of land appertaining to CS Khatian No.6 Ext. C originally belonged to one Jaki Palan who died leaving 2 sons named Alim Palan and Kalim Palan and a widow Alimerma who sub..

Category: Property Law | Date: | Hits: 57

Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)

....laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ......e is also with regard to the fact that the property was taken over in 1969 as enemy/vested property. 8. As regards documentary evidence it appears that the plaintiff submitted so many documents in order to prove her case. Exts. 1 (Ka) are the two registered kabalas in favour of the plaintiff. Ext......€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment May 19, 1993. Case Referred to- Government of Bangladesh Vs. Basharatullah, 40 DLR 554. Lawyers Involved: Md. Matiar Rahman with Md. Zakir Hossain and Quazi Aulad Hossain, Advocates ‑ For A Plaintiff‑Appellant. Md. Shahidul Alam Chowdhur...... Present: Mozammel Hoque J Md. Abdul Karim J Hosne Ara Begum……………………Appellant Vs. Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Dhaka and Another……………………Respondents Judgment May 19, 1993. Case Refe..

Category: Property Law | Date: | Hits: 75

Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)

....of Land to approve the proposed acquisition on 20th July, 1990. The writ respondent No. 2 finally approved the said acquisition on 18th August, 1990. On 28th August, 1990 the Land Acquisition Officer published a notice under section 6(1) of the Ordinance asking the affected persons to produce their ......-For Respondent No.8 (In Civil Appeal No. 60 of 2006). Not Represented- Respondent Nos. 1-7 & 9-17 (In Civil Appeal No. 60 of 2006). Civil Appeal Nos. 59-60 of 2006. (From the judgment and order dated 10.8.2004 passed by the High Court in Writ Petition No.2746 of 2001) Judgment Sure...... is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ......cquisition proceedings would abate under section 12 of the Acquisition and Requisition of Immovable Property Ordinances, 1982 (the Ordinance) if the requiring body failed to deposit the compensation money within the stipulated period of one year from the date of decision of the acquiring authority, ..

Category: Property Law | Date: | Hits: 93