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Abul Kalam Bepari Vs. The State, 2011, 40 CLC (HCD)
.... cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......earing for the opposite party opposes the prayer for bail. 6. Heard the learned advocate of both the sides and perused the FIR, other documents annexed to the application for bail and the impugned order. 7. On perusal of the fact narrated in the FIR and the post mortem report and considering t......uses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......n: ..Category: Criminal Law | Date: | Hits: 52
Md. Jashim Uddin Vs. State, 2011, 40 CLC (HCD)
.... cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal, J. I agree. Ed. This Case is also Reported in: ......ssistant Attorney General-For the respondent. Criminal Appeal No. 3933 of 2009. Judgment AKM Asaduzzaman J. - This appeal was preferred under section 30 of the Special Powers Act against the order dated 12.5.09 passed by the Metropolitan Special Tribunal Judge, Court No.11, Dhaka in Special......ses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal, J. I agree. Ed. This Case is also Reported in: ......ion 19 A of the Arms Act, rejecting the prayer for bail of the appellant. 2. While interrogation in a case under section 392 of the Penal Code in Gulshan P.S. Case No.44 dated 11.02.2008 the petitioner disclosed that he possess an arms accordingly the informant raided the house of the accused app..Category: Criminal Law | Date: | Hits: 43
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....tions in the energy policy and the Model PSC on pipeline exports, notwithstanding that we do not posses enough gas for export at this stage. 19. A book titled “Upstream Oil and Gas Agreement” published by Sweet & Maxwell, authored by Prof. Bernard Taverns, emphasizes that PSCs signed by ......it Petition No. 3507 of 1998. Judgment AHM Shamsuddin Choudhury J. - It was over a decade ago, some four people of national notoriety, filed the instant Writ Petition with a view to secure an order to prevail over the government to have an energy policy drafted through the Parliament. Th......arlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......n (Special Original Jurisdiction) Present: Mohammad Anwarul Haque J AHM Shamsuddin Choudhury J Shah Abdul Hannan and others ………………………………………………Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Energy and Mineral Resources..Category: Constitutional Law | Date: | Hits: 231
Thomarshu alias Majhi Vs. Bangladesh, 1999, 28 CLC (HCD)
.... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ......id J.- The Rule (originally in Civil Revision No. 144 of 1986) was obtained on 03-03-86 by the petitioner in an application under section 115 of the Code of Civil Procedure, shortly the Code, against order dated 03-12-85 passed by the Subordinate Judge at Dinajpur acting as an Arbitrator under secti......u alias Majhi……………………Petitioner Vs. Bangladesh……………………….Opposite Party Judgment December 9, 1999. Case Referred To- Begum Lutfunnessa Vs. Nizamuddin Ahmed and others, 40 DLR 232. Lawyers Involved: ABM Mahbub, Advocate, on behalf of Md. Marf...... also Reported in: 52 DLR (2000) 516. ..Category: Property Law | Date: | Hits: 95
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......For the Appellant. FKMA Mahbub, Assistant Attorney-General—For the State. Criminal Appeal No.2087 of 1996. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 30-11-96 passed by the Divisional Special Judge, Rajshahi Division in Special Case No.26......aining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510....... for three years and to pay a fine of Taka 1,96,800.00, in default, to suffer rigorous imprisonment for a further period of six months. 2. The prosecution case, in short is that the Deputy Commissioner, Pabna by his Memo No.508/Tran (Relief) dated 28-8-90, 615/Tran (Relief) dated 27-9-90, 620/Tra..Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......uty Attorney- General—For the Respondent. Writ Petition No.723 of 1994. Judgment Md. Abdul Quddus J.- Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order bearing No.32/94 (Ga)/Ra: FO-2/5231 dated 27-3-94 (Annexure A) to the petition should not be d...... is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......DLR (2000) 503. ..Category: Criminal Law | Date: | Hits: 78
Shamsuddin Ahmed and others Vs. State and another, 2000, 29 CLC (HCD)
....in-charge of Motijheel police station filed a petition of complaint before the Chief Metropolitan Magistrate, Dhaka, against the said petitioners alleging inter alia that on 12-5-1994, an article was published in the Daily Jana Kantha under the caption “এই বলদ আমিনের। ম......pter VI or IXA of the Penal Code (except section 127) or punishable under section 108A, or section 153A or Section 294A, or section 295A, or Section 505 of the same Code unless upon complaint made by order of or order by authority from the Government or some officers empowered in this behalf by the ......ourt of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497.......0) 497...Category: Criminal Law | Date: | Hits: 52
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491....... value without notice. 11. In view of such submissions, I feel, it is my duty to examine closely the entire evidence, both oral and documentary, on record in facts and circumstances of the case in order to find whether the decision arrived at by the Court of appeal calls for any interference by t...... Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491.......also Reported in: 52 DLR (2000) 491...Category: Property Law | Date: | Hits: 113
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....ed dispute and objection case before the settlement Authority which were rejected on 27-2-1973 and 10-4-1978 and as such, the suit is hopelessly barred by limitation, that RS Khatian has been finally published in the name of the defendant, that plaintiff has illegally and fraudulently created some d......Parties. Civil Revision No. 2043 of 1991. Judgment Khademul Islam Chowdhury J.- This Rule issued on an application under section 115(1) of the Code of Civil Procedure is directed against the order dated 6-3-1991 passed by the learned Assistant Judge, Additional Court Rajshahi in OC Suit No.......30, 2000. Cases Referred To- Maqbul Ahamed and others Vs. Shoeb Chowdhury and others, 44 DLR 156; Md. Matiur Rahman Vs. Lal Banu Bibi and others, 986 BLD 432. Lawyers Involved: Asad Hossain Chowdhury, Advocate—For the Petitioners. Kh. Saiful Hoque with Khalilur Rahman Rakani, Advoc......orted in: 52 DLR (2000) 457...Category: Property Law | Date: | Hits: 71
Shamim Begum Vs. Chairman Court of Settlement and others, 1999, 28 CLC (HCD)
....assed without lawful authority and is of no legal effect. The petitioner has stated, inter alia, that after liberation of Bangladesh the property was wrongly enlisted as abandoned property and it was published in the official gazette ‘Ka’ on 23-9-86. The petitioner filed an application before th......ey-General—For the Respondents. Writ Petition No.884 of 1995. Judgment Md. Fazlul Karim J.- In this application Rule was issued calling upon the Respondent No.1 to show cause as to why the order dated 20-4-92 passed by the respondent No.1 dismissing the Case No.191 of 1988 (Ka 303) Mirpur...... with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 456.......: 52 DLR (2000) 456...Category: Procedural Law | Date: | Hits: 92
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453....... Civil Revision No. 2073 of 1998. 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 an order dated March 3, 1998 recorded by the learned Family Court and Senior Assistant Judge, Comilla S......d in: 52 DLR (2000) 453....... is also Reported in: 52 DLR (2000) 453...Category: Procedural Law | Date: | Hits: 67
Mukta Biri Factory Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ......the fact of the delay. (b) Whether the Taxes Appellate Tribunal Division Bench-I, Dhaka was justified in upholding the action of the Commissioner of Taxes (Appeal) in construing the receipt of the order by the Authorised representative as the receipt of the Assessee though he received the order a...... Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ......0) 451. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)
....-6-91 is maintained. 8. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 450. ......ved: Md. Azizul Hoque, Advocate—For the Petitioner. No one—For the Opposite Parties. Civil Revision No. 2138 of 1991. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 16-6-91 passed by the Subordinate Judge, 2nd Court, Dhaka allowing the application under...... (2000) 450. ......o Reported in: 52 DLR (2000) 450. ..Category: Procedural Law | Date: | Hits: 77
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......ddin Ahmed, Deputy Attorney General—For the Respondent. Reference Application No.200 of 1991. Judgment Syed Amirul Islam J.- This reference application is directed against the judgment and order dated 17-9-90 passed by the Taxes Appellate Tribunal Bangladesh, Dhaka, in Income Tax Appeal N......ppellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......igh Court Division (Special Statutory Jurisdiction) Present: Syed Amirul Islam J SAN Mominur Rahman J Abdul Awal (Md.) ………………………………Applicant Vs. Commissioner of Taxes………………………………Respondent Judgment March 12, 2000. Cases ..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....e present petitioners also tried to get possession of the case property but in vain. The property was ultimately declared abandoned and was included in the ‘ka’ list of the abandoned buildings as published in the Bangladesh Gazette (Extraordinary) on 23rd September 1986. Thereafter the petition......idul Hasan Shaheen, Assistant Attorney-General—For the Respondents. Writ Petition Nos. 548 and 464 of 1994. Judgment Syed Amirul Islam J.- Both the Rules arise out of the same Judgment and order dated 1-12-1991 passed in Case No.719 of 1987 by the 1st Court of Settlement, Dhaka and as suc......9 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......R (2000) 439...Category: Property Law | Date: | Hits: 90
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ...... (AD) 56, it was held that if the adverse finding actually the decision of the suit and forms a fundamental part of the decree, then it will operate as res judicata. But adverse finding interlocutory order will not operate as res judicata, if made incidentally. 24. In the case of Dr. Syed Matiur ...... There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ...... 97 of 1994. Judgment Md. Abdul Maim J.- This appeal at the instance of the defendants is directed against the judgment and decree dated 19-1-1994 passed by the Subordinate Judge Munshiganj in Money Suit No.1 of 1991. 2. The Respondent as plaintiff instituted Money Suit No.1 of 1991 in the ..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ......hat rate of interest shall be at 1% less for the industries located in less developed areas. The plaintiff claimed that BSRS also made the incentives applicable to all the borrowers by its office order dated 19,9.82 but the BSRS continued to recover interest from the plaintiff as fixed in the lo......ase is also Reported in: II ADC (2005) 221. ...... pipes. The sanction was for Tk. 70,00,000/- in local currency and US$ 8,63,000 equivalent to Tk. 1,55,40,000/-. The total disbursement ultimately was Tk. 2,32,23,003.71. The difference between sanctioned amount and actual disbursement was due to devaluation of Taka against US dollar over the peri..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......m, Advocate with him) instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-5. Criminal Appeal No. 65 of 2007. (From the judgment and order dated 22.04.2007 passed by the High Court Division in Criminal Miscellaneous Case No. 3875 of ......dings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......l in rule 19(gha) refer to all Courts including the Supreme Court of Bangladesh. Therefore under rule 19(gha) the Supreme Court is also debarred from granting bail to persons accused of offences mentioned in rules 14 and 15. However when there is lack of jurisdiction, corum non judice or malafide th..Category: Criminal Law | Date: | Hits: 100
.... costs. The impugned order of the respondent No. 1 is declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 40 DLR (1988) 163.
......of 1986
Judgment
Amin-Ur-Rahman Khan J.- The Rule, arising out of an application under Article 102 of the Constitution of the People's Republic of Bangladesh as revived, is directed against the order dated 28.5.85 passed by the Respondent No. 1 namely the Chairman, Labour Court, Rajshahi in ......s declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 40 DLR (1988) 163.
......gh Court Division
(Special Original Jurisdiction)
Present:
Amin-Ur-Rahman Khan J
Mohammad Abdur Rouf J
The General Manager (West) Bangladesh Railway & other.................Petitioners
Vs.
The Chairman, Labour Court, Rajshahi & another...............Respondent
Judgm..
Category: Labour and Industrial Law | Date: | Hits: 170
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
.... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ...... the balance of the consideration in writing in presence of witnesses. 3. It is further stated that some persons having no interest in the said land instituted Title Suit No.626 of 1979 and got an order of temporary injunction restraining said Sharijan Nessa from making any transfer. Sharijan Nes...... Eser Ali Sheikh (Md.) ………..Petitioner Vs. Md. Mokarram Ali and others ……….Opposite Parties. Judgment March 15, 2001. Lawyers Involved: Mir Mokhlesur Rahman with Nasrin Parvin, Advocates—for the Petitioner Md. Asaduzzaman Advocate- For the opposite Party No. 1 ...... is also Reported in: 53 DLR (HCD) (2001) 612. ..Category: Property Law | Date: | Hits: 91
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