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Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......f, Assistant Attorney-General — For the State. Criminal Appeal No.2681 of 1998. Judgment Kazi Ebadul Hoque J. - This is an application for bail of the appellants. The appeal is against the order of rejection of prayer for bail by the Special Tribunal on 2-11-98. Appellants previously file......d principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......s Case is also Reported in: 51 DLR (1999) 207...Category: Criminal Law | Date: | Hits: 35
Zahur Ahmed Vs. Commissioner of Customs and other, 1999, 28 CLC (HCD)
....ainst the impugned order. We therefore, find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ...... by way of appeal. Mere allegation of violation of the provisions of law cannot give rise to any cause of action for filing a writ petition when there is forum for seeking remedy against the impugned order. Lawyers Involved: Jalal Ahmed Sikder for Jainul Abedin, Advocate — For the Petitioner......in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ......: 51 DLR (1999) 206. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)
.... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204.......nd decree dated 29-3-92 and 12-4-92 respectively passed by the learned Senior Assistant Judge, Barisal in Title Suit No.22 of 1990 dismissing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts, in short, are that the......he suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204.......ths. Ed. This Case is also Reported in: 51 DLR (1999) 204...Category: Property Law | Date: | Hits: 102
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......33 of 1996 pending in the 3rd Court of the Additional Sessions Judge, Dhaka. 2. Learned Advocate for the petitioners made extensive submissions after referring to the materials on record specially order-sheet of Sessions Case No. 633 of 1996 arising out of Gulshan PS Case No. 19 (1) of 1996. Summ......to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......ase is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......ented— the Appellant (In Criminal Appeal No. 1406 of 1993). Criminal Appeal No.1406, 1433 and 1440 of 1993 Judgment Gour Gopal Saha J. - These appeals are directed against the judgment and order dated 14-7-1993 passed by the Divisional Special Judge, Rajshahi Division, Rajshahi in Special......iately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......rther period of six months. 2. The prosecution case, in short, is that the District Anti-Corruption Officer, Pabna lodged an FIR to the effect that current deposit account No. 24000 in the name of one of village Char Ramchandrapur, Police Station and District Pabna was opened with Janata Bank, Ma..Category: Criminal Law | Date: | Hits: 104
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......ufficient ground" for permitting the plaintiff to come to the Court again with a properly drafted plaint. 24. In Muhammad Din vs. Atta Muhammad, PLD 1957 (WP) Lahore 971, a single bench upheld the order of the trial Court allowing withdrawal of the suit on the reasoning that the omission in the p...... Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Dil Mohammad…………………………………………………………...Appellant Vs. Jamir Hossain and others…………………………………………..Respondents Judgment August 8, ......ty by payment of rents, taxes, etc. 5. On 27-1-95, when the plaintiff asked defendant No. 1 to vacate for construction, defendant No. 1 refused and resisted hence the suit. 6. Defendant No. 1 alone opposed the claim of the plaintiff by filing a written statement while defendant Nos. 2 and 3 jo..Category: Property Law | Date: | Hits: 83
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
.... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ......7 of 2004. Judgment Md. Abdur Rashid J.- Defendant Nos. 1 and 2 obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against the judgment and order dated 7-4-2004 passed by Second Court of Additional District Judge at Dhaka dismissing Miscell...... Revisional Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J Birla Tyres & another ..................................................Petitioners Vs. Sonali Anash Trading (Pvt) Ltd. and others .........................Opposite Parties Judgment July 21, 2004 ...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J Birla Tyres & another ..................................................Petitioners Vs. Sonali Anash Trading (Pvt) Ltd. and others .........................Opposite Parties..Category: Civil Law | Date: | Hits: 148
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
....et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ......ntire paternal homestead along with fruit bearing and other valuable trees were given to the plaintiffs, which was most inequitable and the learned District Judge therefore, cancelled such report and ordered for fresh partition. 8. Lastly, he submits that the plaintiffs claim for share of 4.16 ac...... Muzibur Rahman Miah, Advocate—For the Petitioners. Garib Newaz, Advocate—For Opposite Party Nos. 1 to 8 and 30. Civil Revision No. 2808 of 2002. Judgment Md. Abdur Rashid J.- The plaintiffs obtained the Rule against judgment and decree dated 30-4-02 passed by the District Judge at ......Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Atar Ali Sheikh (Md) & another .......................Petitioners Vs. Md. Karam Ali Sheikh & others ............................Opposite Parties Ju..Category: Property Law | Date: | Hits: 70
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ...... of the petitioner, Syed Abdul Alim alias Lalu, who has presently been languishing in a condemned cell in the Dhaka Central Jail ever since his arrest on 5-7-99, challenging the impugned judgment and order dated 23-6-85 passed by the Special Martial Law Court No. 1, Dhaka in ML Case No. 2 of 1985 co......erty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ......2006) 74. ..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
.... and son. 35. In their other Suit No. 151 of 1992, Taherul Anwar and Nelufar Anwar were made parties. Anwara Begum was made party. When she did not appear in spite of summons on 20-3-86 notice was published in the daily papers which were submitted and marked as exhibit 'Uma(3)' and 'Uma(4)'. He a...... The application for temporary injunction was rejected and ad interim injunction was vacated. Said defendant Nos. 5, 6 and Akmal then presented FMA No. 17 of 1983 before this Division and obtained an order of stay rejecting prayer for injunction in Civil Rule No. 137 (FM) of 1983. Then in April, 198......ed to- Md. Yaqoob Khan vs. Sahib Khatoon and others, (1998) 20 CLC 1576; Mukhtar Baig vs. Sardar Baig 2000 SCMR 45; Jamila Khatum vs. Md. Lutfar Rahman alias Nefasur and others 3 BLC 306; Jamaluddin vs. Rabeya Begum, 32 DLR 63; Nesmohammad and others vs. Mosammat Jamila Khatun and others, 6 BLT ......No. 228 of 1981 was filed in the Third Court of Subordinate Judge for partition of said property amongst the partners. The suit ended in compromise. Defendant Nos. 3 to 5 got schedule property partitioned amongst them by a deed of partition being No. 2008 dated 1-11-84. Defendant No. 5 Anwara Begum ..Category: Property Law | Date: | Hits: 71
Mahfuz Anam & others Vs. State and another, 2005, 34 CLC (HCD)
.... complainant, filed above mentioned complaint case before the Magistrate First, Class, Magura on 30-12-2001, under sections 500, 501 and 502 of the Penal Code alleging that a defamatory news item was published in the Daily Prothom Alo on 21-12-2001 under the caption “মাগুরার মহ......Association Magura, as true picture of the situation. It appears from Annexure-E that there was news reporting about missing of the case record when the accused-petitioners went there on getting bail order from the High Court Division. It appears from Annexure-F that there was a reporting in Protham...... and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ......reme Court High Court Division (Criminal Revisional Jurisdiction) Present: Khondker Musa Khaled J AKM Asaduzzaman J Mahfuz Anam & others………………………Accused-Petitioners Vs. State and another ……………………………..Opposite Parties Judgment ..Category: Criminal Law | Date: | Hits: 100
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......or not Mukhlesur Rahman purchased the land by said deed in the 'Benami' of his wife Farida Rahman and then got the house built thereupon by his own money is the moot issue in these appeals. 42. In order to appreciate the conflicting submissions of the learned Advocates we need to place some facts......ate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......e District of Rangpur. 3. The plaint case, in short, is that Jadunath Sarker and Sitesh Chandra Biswas were owners in possession as 'Korfa' tenants in equal share in said 36 decimals of land under one rent receiver, Protap Chandra Das Gupta and said Korfa tenancy was finally recorded in CS Khatia..Category: Property Law | Date: | Hits: 139
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
....ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46.......lowing those temporary workers to continue in service even after the temporary project against which they were employed came to an end, referred the matters to the Hon'ble Chief Justice for necessary order constituting a Full Bench with a view to resolving the conflict in the decision. Accordingly, ......ust fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46.......t Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Md. Abdul Matin J Syed Md. Hossain J Rupali Bank Ltd. and others………………………………..Petitioners Vs. Chairman, First Labour Court and others………………………….. Respondents ..Category: Employment/Service Law | Date: | Hits: 85
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
....pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ...... 2002 made under section 374 of the Code of Criminal Procedure (hereinafter referred to as the Code) together with Jail Appeal No. 666 of 2002 preferred by condemned prisoner Mukul Swapan against the order of conviction and sentence passed in Sessions Case No. 128 of 2002 on 30-11-2002 by the learne......ate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......ivision (Criminal Appellate Jurisdiction) Present: Sikder Maqbul Huq J Md. Abdul Hafiz J State………………………………………………………………………..Petitioner Vs. Mukul @ Swapan……………………………………………………..Responden..Category: Criminal Law | Date: | Hits: 49
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ...... No 1880 of 1997. Judgment AKM Fazlur Rahman J.- Criminal Appeal No. 2153 of 1997 and Jail Appeal No. 1880 of 1997 preferred by the appellant Abu Taher Kha are directed against the judgment and order dated 31-12-1988 passed by the Additional Sessions Judge, Pirojpur in Sessions Case No. 32 of ......rds at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ...... the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Taka 500, in default of payment of which to suffer rigorous imprisonment for one month more. Both the appeals arose out of same judgment and order of conviction and sentence are..Category: Criminal Law | Date: | Hits: 41
Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....les. Moreover, the Provisions of these two Articles cannot be changed in the guise of explanation without any exercise under Article 1.3 of the Import Policy Order which requires special procedure in publishing the said change. 16. Be that as it may even if the said explanation is treated as an e......nditions on importation of old reconditioned machinery and equipment by Commercial importers and circulating the same to all Schedule Banks and Customs Stations creating a ban relying and quoting the order of the Ministry of Commerce issued under Memo No. Ba Ma/Audh-1/1(6)/97 (Part 2)/44 dated 25-1-......m the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J AFM Abdur Rahman J Sultan Uddin Ahmed ……………………….........Petitioner Vs. Government of Bangladesh and others.................... Respondents. Judgment ..Category: Business or Commercial Law | Date: | Hits: 234
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....re-C) for installation of 3 lac Public Switching Telephones, commonly known as land phone, in private sector in Dhaka Multi-Exchange Area (hereinafter referred to as Dhaka MEA). Accordingly, the MOPT published an invitation for international tender in The Financial Times, London on 1-12-1998 (Annexu...... Petition is not maintainable because the petitioner has not exhausted the efficacious remedy. Contradicting the above argument, Mr. Mahmudul Islam has submitted that the BTRC has passed the impugned orders, Annexure-A and Al in exercise of statutory power under section 90 of the BT Act and that the......the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......n (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J World Tel Bangladesh Ltd………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents..Category: Information Technology Law | Date: | Hits: 321
....this Court to interfere with such an Act but here, in fact, in both these writ petitions the constitutionality of the Act has not been called in question rather, it is the notification which has been published pursuant to the provisions of section 7(1) of the Act is under challenge. The crux of the ......It is also contended that the petitioner has no right to claim any such exemption and the power was exercised by subjective satisfaction as the Government felt it was necessary to pass such exemption order.
4. The petitioner of Writ Petition No. 28 of 2002 filed an affidavit-in-reply wherein the ......n view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
......ecial Original Jurisdiction)
Present:
Syed Amirul Islam J
Mirza Hussain Haider J
Hayes Haier Appliance Company Ltd. … …………………………………………………….Petitioner
Vs.
Secretary, Internal Resources Division, Ministry of Finance and others.................
Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ......presentation of the petitioner made to the respondent No. 4, Deputy Commissioner, vide Annexure-F to the writ-petition complaining that he was prevented/obstructed to purchase the tender documents in order to participate in the auction held on 13-4-2005 was not at all considered by the respondents N...... The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ......Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J AKM Asaduzzaman J Selim Reza ………………………………………………………………Petitioner Vs. Government of Bangladesh and others………………………. Respondents. Judgm..Category: Others | Date: | Hits: 114
.... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
......9.
Judgment
Md. Joynul Abedin J.- This Rule was issued under Article 102 of the Constitution of the People’s Republic of Bangladesh calling upon the respondents to show cause why the impugned order dated 3-6-1998 (Annexure-I) passed by the respondent No.3. Additional Deputy-Commissioner (Rev......tance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
......ed in: 53 DLR (HCD) (2001) 506.
..
Category: Property Law | Date: | Hits: 95
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