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Siddique Ahmed Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, 2010, 39 CLC (HCD)

....hout gullibility, as no usurper can survive unless blanketed by judicial stuffing. With his resplendent submission, Mr. Islam asserted that through cyclic martial law, attempts were made to undo the principles on which the war of liberation was fought. He stated that General Ziaur Rahman, assisted ......he certificate asked for, which is hereby issued. There is however, no Order as to cost. Sheikh Md. Zakir Hossain J.- I agree. Ed. This Case is also Reported in: 63 DLR (2011) 565. ......al Jurisdiction) Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J Siddique Ahmed……………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, P.S.-Ramna and District-Dhaka and ot..

Category: Constitutional Law | Date: | Hits: 482

Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)

.... We find the finding of the learned Subordinate Judge that the suit is barred by limitation is based on total disregard of the above averments made in the plaint. Moreover, it is now well established principle of law for safe guidance that the question of limitation is always a mixed question of law......th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291.......n Hosiery …………………………Petitioner Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others ……………………Opposite Parties Judgment January 28, 2002. Lawyers Involved: Md. Nazrul Islam with MB Taz Mohammad, Advocates—For the Petitioner. Probi..

Category: Property Law | Date: | Hits: 31

Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)

....at the customs authority vis-a-vis the government was within its jurisdiction to change or vary the amount of exemption of the customs duty earlier than that proviso came in. 16. To understand the principle of law applicable to this conflict, the section 21 of the General Clauses Act also may be ......r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287.......€¦â€¦â€¦â€¦..Respondents Judgment October 31, 2001. Cases Referred To- Bangladesh vs. Mizanur Rahman, 52 DLR (AD) 149; Abdur Rashid vs. Central Board of Revenue, PLD 1965 Peshawar 249. Lawyers Involved: Dr. M Zahir Advocate—For the Petitioners (In both the cases). AJ Mohammad ..

Category: Fiscal/Taxation Law | Date: | Hits: 62

Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)

.... consideration for transfer of the land. In such circumstances, it was held that the pre-emptee is not estopped from proving the actual value of the land transferred by the deed of Hiba-bil-Ewaz. The principles decided in the peculiar facts and circumstances of that case have no manner of applicatio...... this Rule is discharged. No order as to costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285.......etitioner Vs. Asad Ali and others………………………….Opposite Parities Judgment July 2, 2001. Case Referred To- Md. Azizul Bari vs. Ismail and others, 19 DLR 184. Lawyers Involved: Md Nurul Amin with Hamida Chowdhury, Advocates — For the Petitioner. Suraj..

Category: Property Law | Date: | Hits: 28

Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)

....d not take any loan from the Sonali Bank, he was only a guarantor and the loan was actually taken by the defendant Nos. 1 and 2 of that suit. 5. Mr. Farooqui, in his reply, has submitted that the principle laid down in the case reported in 6 MLR as cited by the learned Advocate of respondent No.......tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280.......ndents Judgment January 28, 2002. Cases Referred To- Mahabubur Rahman vs. Election Tribunal 6 MLR (AD)197 = 6 BLC (AD) 45; Abdus Rab Mia vs. District Registrar and others 4 BLC (AD) 8. Lawyers Involved: MI Farooqui, Advocate — For the Petitioner. Ajmalul Hossain, QC with Ifte..

Category: Election Law | Date: | Hits: 88

Nisha Rani Devi Vs. National Board of Revenue, Peoples Republic of Bangladesh and others, 1998, 27 CLC (HCD)

....and in that view of the matter cannot get any refund. In the result, the Rule is discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 230. ......and in that view of the matter cannot get any refund. In the result, the Rule is discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 230. ......ia) Ltd. Lahore, 1969 PTD 490; G Lakshminarayana Vs. Commercial Tax Office, First Circle, Hyderabad and another, Sales Tax Cases Vol.33, 558; Ahmed Khan Vs.Controller of Estate Duty, 1969 PTD 494. Lawyers Involved: Shamsul Hoque Siddiqui with AM Abdus Sattar Advocates—For the Petitioner. ..

Category: Fiscal/Taxation Law | Date: | Hits: 69

Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)

....te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227....... Present: Bijan Kumar Das J Ramesh Chandra Chowdhury @ Das ……………..Petitioner Vs. Naresh Chandra Das @ Chowdhury…………Opposite Party Judgment August 19, 1999. Lawyers Involved: Bikash Paul, Advocate—For the Petitioner. Md. Mansurul Haque Chowdhury, Ad..

Category: Property Law | Date: | Hits: 39

Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)

....turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223.......turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223.......z Begum & others………………………………..Opposite Judgment November 30, 1999. Case Referred To- Md. Karimullah Bhuiyan Vs. Hazi Nurul Alam Chowdhury, 35 DLR (AD) 338. Lawyers Involved: Ziaur Rahrnan Khan, Advocate—For the Petitioners. Shaukat Ali Khan, Md Tam..

Category: Property Law | Date: | Hits: 31

Abul Hossain Vs. State, 2000, 29 CLC (HCD)

.... 3. We agree with the submission of the learned Advocate for the petitioner. It is clear to us that cognizance Court did not treat the naraji petition as a petition of complaint. It is now a settled principle of law that a naraji petition should be treated as a petition of complaint. The Magistrate......nce with law regarding that petition. Communicate the order to the Magistrate concerned. The application is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 222....... ABM Khairul Haque J Abul Hossain……………………………Petitioner Vs. State………………………………………Opposite Party Judgment February 27, 2000. Lawyers Involved: M Enayetur Rahim with Md. Jahangir Alam and Shahidul Islam, Advocates- For ..

Category: Criminal Law | Date: | Hits: 42

Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)

....d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ......d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ......………….Opposite Parties Judgment November 25, 2001. Cases Referred To- Australasia Bank vs. Abdul Aziz Jan, PLD 1983 Peshawar 64; NWFP vs. Fiaz Muhammad, PLD 1986 Peshawar 19. Lawyers Involved: SK Afzalur Rahman, Advocate—For the Petitioner. Shamim Khaled Ahmed —For..

Category: Limitation Law | Date: | Hits: 175

Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)

....29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273.......29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273.......utory Original Jurisdiction) Present: KM Hasan J Anil Kumar Ghosh…………….. Petitioner Vs. Shamir Kumar Ghosh…………….Respondents Judgment November 24, 2001. Lawyers Involved: Mohd. Moazzem Hossain, Advocate — For the Petitioner. Subrata Chowdhury wi..

Category: Intellectual Property Law | Date: | Hits: 200

Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)

....ial legislation for the co-owners of an undivided homestead or dwelling house against the onslaught of an outsider. The object of this legislation is reasonable and it is quite in consonance with the principle of equity, justice and good conscience…………………………..(17) Cases Refer......of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ...... Jugal Kishore Sarker Vs. Azizur Rahman and others, 40 DLR (AD) 150; Subal Chandra Modak Vs. Gostha Bihari Das, 60 CWN 829; Kshirode Chancier Ghosal and another Vs. Saroda Prosa Mitra 12 CLJ 525. Lawyers Involved: SR Pal, Senior Advocate with Subrata Chowdhury and Promila Biswas, Advocates—..

Category: Property Law | Date: | Hits: 42

Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)

....int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215.......int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215.......¦Petitioner Vs. Unistar Shipping Limited and ors……………Opposite Party Judgment July 20, 1999. Cases Referred To- Edward Vs. Hall Well (1950) AER 11067; AIR 1932 PC 244. Lawyers Involved: M Moniruzzaman Khan with Mukunda Chandra Debnath and Morshed Ahmed Khan, Advoca..

Category: Company Law | Date: | Hits: 197

Dr. Mohiuddin Khan Alamgir Vs. Government of the People’s Republic of Bangladesh, 2010, 39 CLC (AD)

.... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425....... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425.......ases Referred to- AKM Mayeedul Islam Vs. Bangladesh Election Commission 48 DLR (AD) 208; AFM Shah Alam Vs. Majibul Huq, 41 DLR (AD) 68; Mahmudul Haque (Md) Vs. Md Hedayetullah 48 DLR (AD) 128. Lawyers Involved: Rokonuddin Mahmood, Senior Advocate instructed by Bivash Chandra Biswas, Advoca..

Category: Election Law | Date: | Hits: 127

Aftab Hossain (Md) Vs. Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh, Secretariat & ors., 2001, 30 CLC (HCD)

.... at liberty at once, if not required in any other case. Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately. Ed. This Case is also Reported in: 54 DLR (2002) 266....... at liberty at once, if not required in any other case. Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately. Ed. This Case is also Reported in: 54 DLR (2002) 266.......etariat & ors…………………………….. Opposite Parties Judgment September 24, 2001. Case Referred To- Malik Golam Jilani vs Government of West Pakistan, 19 DLR (SC) 403. Lawyers Involved: Yusuf Hossain Humayun, Advocate—For the Petitioner. Syed Abu Kowser, Assis..

Category: Criminal Law | Date: | Hits: 39

Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ......te of West Bengal 1972 AIR (SC) 2256; Francis Coralie vs. Union Territory of Delhi 1981 AIR 746; Sunil Batra (II) vs. Delhi Administration 1980 (SCC) 1579; Sunil Batra vs. Delhi , 1980 (SCC) 488. Lawyers Involved: M Amirul Islam with Shirin Sharmin Choudhury, Tania Amir, Monzil Murshid, Advoc..

Category: Constitutional Law | Date: | Hits: 195

Nure Alam and others Vs. State, 2002, 31 CLC (HCD)

....which those PWs have stated categorically. 54. Lastly, the learned Senior Counsel for the appellants submits that the accused persons are entitled to get benefit of doubt. But it is an established principle of law that benefit of doubt should be given to the defence but that doubt must be reasona......oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......244; Nurjahan Begum vs. State,1988 BLD 389= 40 DLR 321; State vs. Mizanul Islam @ Dablu and another 1988 BLD 317 = 40 DLR 58; A Karim vs. State 1981 BLD (AD) 200, Sarwar Kamal vs. State 48 DLR 61. Lawyers Involved: Shawkat Ali Khan with Faziul Haque Khan Farid and Md Amzad Hossain, Advocatesâ€..

Category: Criminal Law | Date: | Hits: 42

Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)

....by limitation and it is bad for defect of parties. It has also been contended that the suit is barred under section 42 of the Specific Relief Act. It was further contended that the suit is hit by the principle of res judicata. It was contended that the summons of the case was duly served upon the de......rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......mber 2, 1999. Cases Referred To- Abu Bashar Vs. Mehar Khatun, 35 DLR 6; Khairuzzaman and others Vs. Noor Hossain, 9 BLD 453; Nurul Hossain Vs. Government of Bangladesh, 47 DLR (AD) 108(17). Lawyers Involved: Muzibur Rahman, Advocate—For the Appellants. PC Guha, Advocate—For the R..

Category: Procedural Law | Date: | Hits: 81

Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)

....ommittee and that having had made the order for leasing out the fishery afresh upon inviting bid through well circulated tender without hearing the petitioner and that thereby having had violated the principle of natural justice the said order of the Divisional Commissioner not being legal and that ......t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......tion) Present: Md. Ruhul Amin J SK Sinha J Bashiruddin (Md) …………….Petitioner Vs. Bangladesh and others…………….Respondents Judgment November 3, 1999. Lawyers involved: Md. Hannan, Advocate—For the Petitioner Shishir Kanti Mazumder Advocate—..

Category: Property Law | Date: | Hits: 33

Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)

....e forged, collusive, ineffective, inoperative, non-existent, baseless and not binding upon the plaintiff, is not maintainable in this subsequent suit as it is barred by limitation as well as by their principle of res judicata under section 11 of the Code alleging the, that plaintiff-opposite-party h......e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......217;Guinness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 44 DLR (AD) 242; Shafiq Ahmed Vs. Mirza Muhammad Anwar Geb, 20 DLR (WP)113; Habibullah and others Vs. SA Mujtaba and others, 34 DLR 418. Lawyers Involved: Abdul Quayum with Maqbul Hossain Advocates—For the Petitioner. MA Wahhab M..

Category: Property Law | Date: | Hits: 64