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Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)

....and Deputy Commissioner (South), 36 Minto Road, Dhaka on 25-3-99 at 6-00 AM. One Ali Asam, SI of Ramna Police Station lodged an FIR with Ramna Police Station on 26-3- 99 being Ramna PS Case No. 157 dated 26-3-99. The Daily Star published another article in the issue of 11-1-2001 under caption “P......l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ..

Category: Criminal Law | Date: | Hits: 189

Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)

.... a suit being Family Suit No. 26 of 1982 in Family Court, Bagerhat for dower money and maintenance with contentions that First plaintiff was married to First defendant through a registered Nikah Nama dated 5-12-1987. Dower money of Taka 50,001.00 was fixed out of which Taka 6,001.00 had been paid to......vocate—For the Petitioner. Md Khurshid Alam Khan, Advocate—For the Opposite Party. Civil Revision No. 2219 of 1997. Judgment AK Badrul Huq J.- Feeling aggrieved by a decision rendered by appellate Judge in a family Appeal where under maintaining decision recorded by..

Category: Family Law | Date: | Hits: 152

Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)

.... petition No.75 of 2000 he has annexed the highlights of the interview with the BBC at page 38 vide Annexure A-3 which is the Daily Monitoring Report, Monitoring Directorate, Bangladesh Betar, Dhaka, dated 27-07-2000; In that monitoring Report at page 5, the impugned portion of the Prime Minister’...... Case a statement from the Prime Minister was called for and then the. Appellate Division disposed of that contempt petition with some strong observations following the dictum of Lord Atkin. The said decision of the Appellate Division has been reported in 51 DLR (AD) 68. Their Lordship’s observati..

Category: Criminal Law | Date: | Hits: 49

Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)

.... so that it may satisfy itself that the said detenu is not being held in custody without lawful authority. 2. In this Case, the petitioner is the father of the victim of Kaligonj PS Case No.11 dated 14-8- 2000. The petitioner prayed for giving custody of the victim girl to him and his prayer ......tody of a minor can be determined in an application under section 491 of the Code. Mr. Halder has submitted that such applications are being entertained by this Court and, as such, though there is no decision on the above question, the questions may be determined in this application under section 49..

Category: Criminal Law | Date: | Hits: 33

Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)

...., Advocate — For Respondent Nos. 1-3. Appeal from Original Order No. 112 of 1997. Judgment Md. Abdul Aziz J. - This First Miscellaneous Appeal is directed against Order No. 85 dated 16-2-97 passed by the learned Additional District Judge, Moulvibazar dismissing the Miscellane......ion by two months and 20 days and the delay was not explained by the plaintiff-appellant. In support of her submission Mrs. Reba Kaniz, the learned Advocate for the defendants-respondents has cited a decision in the Case between Salamat Bibi & others Vs. Settlement and Rehabilitation Commissione..

Category: Property Law | Date: | Hits: 29

Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)

.... and 2-3. Writ Petition No.2918 of 1999. Judgment Md. Abdul Wahhab Miah J.- This Rule nisi was issued calling upon the respondents to show cause as to why the order being No.43 dated 11-5-99 passed by AM Shahidur Rahman, Special Tribunal No.1, Satkhira in Special Tribunal Case......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ..

Category: Criminal Law | Date: | Hits: 101

Syed Mustafizur Rahman Vs. State, 2001, 30 CLC (HCD)

..... FKM Ahsan Mahbub, Assistant Attorney- General — For the Respondent. Criminal Appeal No.710 of 1991. Judgment Md. Abdul Matin J.- This appeal is directed against the judgment and order dated 38-5-91 passed by the Senior Special Judge Jhalakati in Special Case No. 9 of 1989 convicting ...... cuts at the very root of the prosecution affecting jurisdiction of the Court and this defect is not curable under section 537 of the Code of Criminal Procedure. This view of ours gets support from a decision in the Case of Abdul Awal Vs. State reported in 1962 PLD Dhaka 623 and in the Case of Gulak..

Category: Criminal Law | Date: | Hits: 42

Morshed (Md) @ Morshed @ Md. Morshed Alam Vs. State, 2000, 29 CLC (HCD)

.... 2. The learned Advocate for the petitioner has submitted that in this Case the victim is a deaf and dumb girl and she was a maidservant in the house of the informant. The allegation is that on the date of occurrence when the informant was in his office, his wife was in the market and his son was ......lias Morshed alias Md. Morshed Alam be enlarged on bail on furnishing bail bond to the satisfaction of the Deputy Commissioner, Natore. Ed. This Case is also Reported in: 53 DLR (2001) 123. ..

Category: Criminal Law | Date: | Hits: 38

Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)

.... Civil Revision No. 1634 of 1991. Judgment AKM Shafiuddin J.- This is an application under section 115(1) of the Civil Procedure Code. It is directed against the judgment and order dated 20-03-19991, passed by the learned Assistant Judge, Muradnagar, Comilla in the Miscellaneous C...... decided by any Court subordinate to the High Court Division and in which no appeal lies thereto, and if such subordinate Court appears to have committed any error of law resulting in an error in the decision occasioning failure of justice, the High Court Division may make such order in the Case as ..

Category: Civil Law | Date: | Hits: 80

Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)

....nj and member of Balagonj Shapla Theatre. The petitioner was arrested by the police on 6-11-1999 under section 54 of the Code of Criminal Procedure in connection with Balagonj PS General Diary No.140 dated 6-11-1999 and was produced before the Magistrate 1st Class, Court No.3, Balagonj, Sylhet. The ......efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ..

Category: Criminal Law | Date: | Hits: 87

Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)

.... 7 years and confiscated to the State aforesaid plot Nos. 49, 49A, 49B and 49C together with the buildings and structures standing thereon under section 5(2) of the said Act by the judgment and order dated 7-6-1993. Hence the above-numbered appeals will be disposed of by this judgment. 10. Before......ct II of 1947) is a socially useful measure conceived in public interest and, therefore, the punishment to be such as will bring the desired object. We further like to quote the observation made in a decision to which one of us, (Rabbani, J) is a party reported in 1 MLR 61. The said observation runs..

Category: Property Law | Date: | Hits: 33

Mosharaf Hossain (Md) @ Mash Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....e above submission made by the learned Advocate for the petitioner. 4. We have perused the order of detention (Annexure-A). It is stated in this order that the order will be effective from the date of service upon the detenu. The order was signed by the District Magistrate, Jhenaidah on 24-6-......of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ..

Category: Criminal Law | Date: | Hits: 29

Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)

.... Ahsan Mahbub, Assistant Attorney- General—For the State. Criminal Revision No. 350 of 1996. Judgment Gour Gopal Saha J.- This Rule is directed against the judgment and order dated 12-11-1995 passed by the learned Additional Sessions Judge, Faridpur in Criminal Appeal No.61 ......ns 447 and 379 of the Penal Code. It has been consistently held by this Court that while disposing of a criminal appeal, the appellate Court is required to formulate the points for determination, the decisions thereon and the reasons for the decision. This necessarily implies that the appellate Cour..

Category: Criminal Law | Date: | Hits: 60

Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)

....No. 1164 of 1991. Judgment AK Badrul Huq J. - The subject matter of challenge in this Rule arising out of an application under section 115 of the Code of Civil Procedure is judgment and order dated January 31, 1991 recorded by the learned Additional District Judge, First Court, Brahmanbaria ......irst Court, Brahmanbaria reversing an order dated November 19, 1981 passed in Miscellaneous Case No. 96 of 1981 under the provision of rule 9 of Order 22 of the Code of Civil Procedure. 2. The decision proposed to be given in this Rule does not call for any detailed recounting of facts except..

Category: Property Law | Date: | Hits: 28

Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....ng upon the respondents to show cause to why the inclusion of Holding No. 16/14 Block-C Mohammadpur, Dhaka in the list of Abandoned Buildings in serial No. 37 at page 9764(16) in the Official Gazette dated 23rd, September, 1986 published under section 5 of the Abandoned Buildings (Supplementary Prov......thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ..

Category: Property Law | Date: | Hits: 18

Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

....pplication at the instance of the Assessee appellant arises out of assessment made by the Assistant Commissioner of Taxes, Noakhali, Circle-1, Noakhali, for the assessment year 1987-88 vide his order dated nil under section 83(2) of the Income Tax Ordinance, 1984 on a total income of Taka 3,24,388.0...... in favour of the assessee applicant. Accordingly, the reference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ..

Category: Fiscal/Taxation Law | Date: | Hits: 67

Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)

....fish, dairy, etc. with an authorised capital of 3 crore and a paid up capital of Taka 1,75,000.00. The company was granted a loan of Taka 2,28,70,000.00 by the BSRS the respondent No. 4 by agreements dated 10-6-81 and 28-3-83. The loan was also granted by Investment Corporation of Bangladesh and 5 o......he respondent No.2 is surely mismanagement and unfair management and such mismanagement is oppressive and prejudicial to the interest of the petitioner and other shareholders. He has referred me to a decision in the Case of M Moorthy Vs. Drivers and Conductors Bus Service P Ltd (1991) 71 Company Cas..

Category: Business or Commercial Law | Date: | Hits: 198

Safiqueuddin Ahmed (Md) and another Vs. House Building Finance Corporation, 2000, 29 CLC (HCD)

.... For the Opposite Party. Civil Revision No.8745 of 1991(Dhaka) Civil Revision No.195 of 1989(Rangpur) Judgment Md. Joynul Abedin J.- This Rule calls in question the order dated 7.2.1989 passed by the learned District Judge, Dinajpur in Miscellaneous Case No. 36 of 1984 a......ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ..

Category: Procedural Law | Date: | Hits: 78

Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)

....1 of 1986. Judgment Md. Abdur Rashid J. - This Rule was obtained by the judgment-debtor upon making an application under section 115 of the Code of Civil Procedure against order No.91 dated.13-09-86 passed by the executing Court, Subordinate Judge and Commercial Court No.1 at Dhaka i...... still-born, there is no scope for further proceeding in the matter. However, the application shown to me was addressed to the decree holder. The application is also as back as of a date 26-11-94. No decision appears to have been taken thereupon. Such an application does not deserve any consideratio..

Category: Civil Law | Date: | Hits: 82

Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....M Mahmudur Rahman J.- The petitioner by this petition filed under Articles 102(1) and 2(a) of the Constitution prays for issuance of a Rule Nisi upon the respondents to show cause as to why the order dated 23-6-98 imposing the supplement duty at the rate of 40% on the basis of the proposed budget fo...... the public interest, that any provision of the Bill relating to such imposition or increase shall have immediate effect under this Act.” 6. The learned Advocate for the petitioner cited the decision in the Case of Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another 2 BL..

Category: Fiscal/Taxation Law | Date: | Hits: 65