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Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....was issued under section 115 of the Code of Civil Procedure at the instance of the plaintiff-petitioner calling upon the defendant opposite party No.1, to show cause as to why the judgment and degree dated 1-7-1991 and 8-7-1991 respectively passed by the Subordinate Judge and Commercial Court, Khuln......e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ..Category: Property Law | Date: | Hits: 72
KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
.... Deputy Commissioner, Dhaka to show cause as to why petitioner KM Obaidur Rahman, Md. Nurul Islam Manjoor and Shah Moazzam Hossain respectively should not be enlarged on bail in Lalbagh PS Case No.11 dated 4-11-95 corresponding to OR Case No. 10698 of 1975 now pending before the learned Sessions Jud......aman. The first information report further mentions that the incident was verbally reported by the Inspector General of Prisons, Bangladesh, to the Secretary, Ministry of Home Affairs, citing lack of decision on the part of the Ministry of Home Affairs, till 16-8-1996 as the cause of delay in the pr..Category: Criminal Law | Date: | Hits: 46
Harun and others Vs. State, 1998, 27 CLC (HCD)
....osed of by this common judgment. 2. Criminal Miscellaneous Case No. 1212 of 1996 at the instance of the accused-petitioner Bachu alias Bachu Sheikh has been directed against the judgment and order dated 23-11-95 passed by the learned Sessions Judge, Dhaka rejecting the prayer for bail of the accu......direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33...Category: Criminal Law | Date: | Hits: 65
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
....nt Abdus Salam Mamun J.- This Rule Nisi was issued upon the respondents as to why the cancellation order communicated by the Memo No. বিঃ বোঃ/ নিঃ ওসঃ/-২/০৪/২৪০ dated 4-3-2004, evidenced by Annexure A to the Writ Petition shall not be declared to be without aut......he Constitution and also hits the doctrine of legitimate expectation. 12. In support of his contention on the point of principle of natural justice, the learned Advocate has cited a good number of decisions, such as, in the case of (1) Chairman, Board of Intermediate and Secondary Education, Jess..Category: Others | Date: | Hits: 182
State Vs. Babul Miah, 2010, 39 CLC (AD)
....ional Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Appellant. Ex-prate- For the Respondent. Criminal Appeal No. 20 of 2001. (From the judgment and order dated 30.5.1995 passed by the High Court Division in Death Reference No. 20 of 1992 heard along with......ime of making the confession should be taken together." 13. This arguments were accepted in Balmakund Vs. Emperor, AIR 1931 Allahabad 1 (FB). In that case the Full Bench considered all the earlier decisions on the point and answered the point as under: "Where there is no other evidence and the..Category: Criminal Law | Date: | Hits: 58
Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....pondent (In Civil Petition No. 1333 of 2008). Civil Petition for Leave to Appeal Nos. 1498-99 of 2007. And Civil Petition for Leave to Appeal No.1333 of 2007. (From the judgment and order dated 9.11.2006 passed by the High Court Division in Civil Revision No. 3257 of 2003). Judgment ......the Defense of Pakistan Rule published by the Dhaka Gazette dated 4.12.1965, We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision in both the Rules and there is no illegality or infirmity in the above decision so as to ca..Category: Property Law | Date: | Hits: 62
Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)
....oner Nurul Islam Bhuiyan, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-14. Civil Petition for Leave to Appeal No.1786 of 2009. (From the judgment and order dated 26.05.2009 passed-by the High Court Division in Civil Revision No. 4712 of 2002.) Judgment ......, and considering the submissions made by the learned Advocates of the respective parties dismissed the appeal upholding the judgment and decree passed by the court below and that in arriving at it's decision the appellate court below, on discussions of the evidence on record, held that the plaintif..Category: Property Law | Date: | Hits: 71
Syed Muhammad Mashiur Rahman Vs. President of Bangladesh and others, 1996, 25 CLC (HCD)
....here the President summons Parliament that has been dissolved to meet under Article 72(4), this Chapter shall apply. Mr. Bhuiyan submits that since for a limited period, that is, for 90 days from the date of dissolution of Parliament or before expiry of the Parliament the provisions of Article 56 wi...... find any reason to interfere with this 13th Amendment Act, we do not find any merit in this application and accordingly it is summarily rejected. This Case is also Reported in: 17 BLD (1997) 55. ..Category: Constitutional Law | Date: | Hits: 199
Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
.... Aftab Hossain, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-4 & 6-37. Civil Petition for Leave to Appeal No. 2499 of 2009. (From the judgment and decree dated 20.08.2009 passed by the High Court Division in First Appeal No.203 of 1999.) Judgment S......i.e. defendant No.5 and that the defendant No.5 is entitled to get solatium together with the amount paid by him as bid money and for stamp duty and other expenses incurred by him. In arriving at its decision the Trial Court framed and answered the following issues: “১। অত্র মো..Category: Property Law | Date: | Hits: 58
Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
....om Original Order No. 98 of 1996. Judgment Amirul Kabir Chowdhury J. - This First Miscellaneous appeal is directed at the instance of the plaintiff appellants challenging the judgment and order dated 19-5-96 passed by Mr. Md. Muniruzzaman, Subordinate Judge, 1st Court, Feni in Miscellaneous Ca......mself aggrieved— (a) by a decree or order from which an appeal is allowed but from which no appeal has been preferred. (b) by a decree or order from which no appeal is allowed, or (c) by a decision on a reference from a Court of Small Causes, and who, from the discovery of new and importa..Category: Property Law | Date: | Hits: 59
Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)
....vision No. 1396 of 1992. Judgment ABM Khairul Haque J. - This Rule was issued at the instance of the petitioner calling upon the Deputy Commissioner, Rajshahi, to show cause as to why the Order dated 28-9-92 fixing the date of trial on 24-10-92 in respect of the petitioner without obtaining sa......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25...Category: Criminal Law | Date: | Hits: 50
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....d baseless for the merchandise. The basis for determination of tariff value under delegated authority as provided in section 25(7) of the Customs Act, 1969 on the basis of Notification No. 38/97 Cus. dated 30-12-97 suffers from want of authority and, as such, the assessment of duty impugned is illeg......thout any sanction of law. This leads us to consider the provision of section 30A. Section 30A reads: “30A. Notwithstanding anything contained in any other law for the time being in force or any decision of any Court for the purposes of section 30, the value and the rate of duty applicable to a..Category: Fiscal/Taxation Law | Date: | Hits: 84
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....M.A. Samad with M.G.H. Ruhullah, Advocate-for Respondent No. 4. Writ Petition No. 6819 of 2010 Judgment Md. Ruhul Quddus J.- This Rule Nisi was issued to examine the validity of order No.76 dated 10.3.2010 (annexe-C to the writ petition) passed by the Artha Rin Adalat, Narayangonj summaril......ific remedy under the law. However, the writ petitioner had remedy under Order XXI rule 90 of the Code, which she did not avail. In support of his submission, the learned Counsel cited one unreported decision of the Appellate Division passed in Civil Appeal No. 151 of 2008 and also cited the case of..Category: Civil Law | Date: | Hits: 183
Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)
....uperintendent–in-charge of Zadavpur Islamia Dakhil Madrasah at Mithapukur, Rangpur asking him to show cause as to why he should not be prosecuted for committing contempt of Court by violating order dated 27.8.2006 passed by the High Court Division in Writ Petition No. 8022 of 2006. 2. The facts......m, which he was entitled to under the law. Subsequently he was dismissed on 16.10.2004, which the Appeal and Arbitration Committee of Bangladesh Madrasah Education Board approved and communicated the decision to the petitioner by Memo No. Shanstha/214/8/A-8/2004 dated 27.6.2006. Being aggrieved by t..Category: Criminal Law | Date: | Hits: 68
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
....f the parties. Civil Revision No.8346 of 1991 Judgment Md. Ruhul Quddus J. - This Rule, at the instance of the defendant-appellant, was issued to examine the legality of judgment and decree dated 28.6.1988 passed by the Sub-ordinate Judge (now Joint District Judge), Natore in Other Class A......nless it can be shown that there was violation of some provision of law, or that there was gross non-consideration of evidence on record, or that there was patent error of law resulted in an error in decision occasioning failure of justice, this Court will not interfere into the concurrent findings ..Category: Property Law | Date: | Hits: 54
Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)
.... to have been detained under the Act. He then referring to specific instances of various overt acts committed by the detenu submits that in the grounds of detention there are specific overt acts with date and details of the commission of the incidents committed by the detenu and his accomplices and ......from exercising the jurisdiction under section 3(2) of the Act. In the instant case it has been repeatedly submitted that the detenu has been enjoying bail in almost all cases. But from the aforesaid decision it has been held that even after acquittal in the criminal case a person may be detained un..Category: Criminal Law | Date: | Hits: 55
Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)
....eal No. 31 of 2001. Judgment Md. Abdur Rashid J.- This appeal was presented by the sole appellant Badal Kumar Paul under section 410 of the Code of Criminal Procedure against judgment and order dated 13‑11‑2000 passed by the Sessions Judge at Jessore in session case No. 39 of 1999, which c......om possession of the appellant beyond all reasonable doubts. Secondly, he submitted that Phensidyl was not contraband and possession of such Phensidyl did not offend any law. In support, he cited the decision in the case of Nannu Miah Vs. State 55 DLR 7. 17. On the other hand, Mr. Sheik Abdul Awa..Category: Criminal Law | Date: | Hits: 90
Category: Others | Date: | Hits: 116
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....nd. 35. It is now settled that the Superior Court has power to commit for contempt. The usual criminal process to punish contempt was found to be cumbrous and slow, and the Courts at an uncertain date assumed jurisdiction themselves to punish the offence summarily so that cases may be fairly hea......ngladesh Legal Aid and Services Trust (BLAST) and others Versus Bangladesh and others), making specific recommendations for compliance in passing order for ‘investigation and remand’ and the said decision (reported in 55 DLR (HCD) 363) is now under challenge before the Hon’ble Appellate Divisi..Category: Criminal Law | Date: | Hits: 163
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....95. Judgment Md. Ruhul Amin J.- This Rule has been obtained upon an application filed under Article 102(2) (a) (ii) of the Constitution of the Peoples Republic of Bangladesh impugning the order dated 9-4-1995 (order No.15 dated 9-4-1995) of the Court of Subordinate Judge and Artha Rin Adalat N......dinate Judge rejected the prayer of the plaintiff for production of documents. Thereupon the plaintiff moved this Court. This Court, in the background of the facts of the case and in the light of the decision referred to by the learned Advocate for the petitioner, observed as follows: “From the..Category: Civil Law | Date: | Hits: 90