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....ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
......sary trade licence and got his name mutated in the office of the Assistant Commissioner (Land). He paid rents and taxes. He also obtained permission from defendant No.3 to mortgage the framed land in order to collect fund. He applied to the Janata Bank for land and the Bank sanctioned a loan of Taka......, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
......nd style 'Mahmud Metal Corporation' to make rickshaw, steel body and other iron and steel products. He obtained necessary trade licence and got his name mutated in the office of the Assistant Commissioner (Land). He paid rents and taxes. He also obtained permission from defendant No.3 to mortgage th..
Category: Property Law | Date: | Hits: 73
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ......sion No. 3864 of 1999. Judgment Md. Abdur Rashid J.- Heirs of defendant No.1 obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 13‑7‑1999 passed by the Subordinate Judge and Artha Rin Adalat (In-charge) at Sylhet...... Mia and others………………………….Petitioners Vs. Shiraj Mia and others…………………………Opposite Parties Judgment July 20, 2002. Cases Referred to- Abdul Matin Chowdhury Vs. Chapala Rani Sen and others 37 DLR (AD) 205 = 1985 BLD (AD) 172; Motilal Chowdhury ......) (2004) 264. ..Category: Property Law | Date: | Hits: 61
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....he respondents informed the appellant that the award was finally given on 9‑10-2000. They hurriedly assessed price of the land at the rate of 35 years ago. A notice finally acquiring the land was published on 31‑8‑2000 in the Bangladesh Gazette. 6. In view of omission of section 93A of th......t No. 2. First Miscellaneous Appeal No. 229 of 2003 and Cross Appeal No. 294 of 2003. Judgment Md. Abdur Rashid J.- This owner of the acquired land presented the appeal against judgment and order dated 15‑1‑2003 passed by Joint District Judge and Arbitrator at Dhaka in Arbitration Case......dustries Ltd…………………………Appellant Vs. DC, Dhaka and another…………………………….Respondents Judgment March 4, 2004. Cases Referred to- Chimanlal Hargovindas Vs. Special Land Acquisition Officer, Poona, AIR 1988 SC 1652; Abdul Gafur Khan Vs. Bangladesh...... the appellant prayed for compensation alternatively under the Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance II of 1982). 7. Both respondent No.1, the Deputy Commissioner at Dhaka and respondent No.2, the RAJUK opposed the application by filing separate written obje..Category: Property Law | Date: | Hits: 77
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......0 of 2003. Judgment Zinat Ara J.- On an application under section 439 of the Code of Criminal Procedure this Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why order No. 113 dated 15‑9‑2003 and order No. 120 dated 2‑11‑2003 passed by the Druto Bichar T......tay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......DLR (HCD) (2004) 250. ..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......ant‑petitioner under section 561A of the Code of Criminal Procedure a rule was issued calling upon the accused-opposite parties and the opposite party State to show cause as to why the judgment and order dated 11‑11‑2002 passed by the learned Sessions Judge, Pirojpur in Criminal Revision No. 9......f the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......D) (2004) 246. ..Category: Administrative Law | Date: | Hits: 223
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
.... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ...... the Appellant‑Petitioners. Sheikh A Awal, Deputy Attorney-General-For the State. Criminal Appeal No. 4124 of 2003. Judgment Afzal Hossain Ahmed J.- This appeal is directed against the order dated 6‑10‑2003 passed by the learned Judge of the Nari‑O‑Shishu Nirjatan Daman Tribun......ted to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ......eme Court High Court Division (Criminal Appellate Jurisdiction) Present: Khademul Islam Chowdhury J Aftal Hossain Ahmed J Kazi Ali Zahir alias Elin and others........Appellant-Petitioners Vs. State..............................................Opposite Party Judgment Apr..Category: Criminal Law | Date: | Hits: 48
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
....thers of the petitioner, who themselves are well established businessmen with reputation, and took them to the Police Station and tortured them to disclose the whereabouts of the petitioner which was published in "Daily Ajker Kagaz" dated 23‑10-2002 (Annexure‑B), and that the Officer‑in‑Char......k about the situation made enquiries through his father and came to learn of the cancellation of the licence by the respondent No. 3, the District Magistrate, Natore, on 15‑12-2000, copy of which order of cancellation was handed over to his father. It has further been alleged in the application ......clared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......39. ..Category: Criminal Law | Date: | Hits: 63
.... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
......uty Attorney-General — For the Respondent No. 2.
Writ Petition No.1777 of 1993.
Judgment
MA Aziz J. - This Rule Nisi was issued calling upon the respondents to show cause, why the impugned order contained in Memo RTU (174) 91/1087/1(6) dated 20-12-92 issued by respondent No.2 canceling th......bsolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
......o Reported in: 51 DLR (HCD) (1999) 179.
..
Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Shah Alam, 2003, 32 CLC (HCD)
.... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ......he murder of Jannati Khatoon is the confessional statement of the condemned prisoner and it having narrated about the murder of one Topi and since the prosecution has failed to adduce any evidence in order to establish that Topi was none else but deceased Jannati Khatoon, the confessional statement ......ed prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ......56 DLR (HCD) (2004) 232. ..Category: Criminal Law | Date: | Hits: 54
Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
.... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ......volved: Not present-the Petitioner. AB Roy Chowdhury, Advocate-For the Opposite Parties. Civil Revision No. 135 of 2000. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 17-8‑1999 passed by the Assistant Judge, Chandina in Comilla in Title Suit No. 6 of ......ssary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ......n: 56 DLR (HCD) (2004) 230. ..Category: Property Law | Date: | Hits: 65
Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
....lue, which was 1.4508 at time of the invoice value, is arbitrary, illegal and not sustainable in law. 13. With regard to the maintainability, we find the very constitutionality of the notification publishing the price of the imported cigarette papers was challenged in the writ petition and the ap......titioner. Syeda Afsar Jahan, Assistant Attorney-General-For the Respondents. Writ Petition No. 793 of 1999. Judgment Md. Abdur Rashid J.- This Rule Nisi was issued against the assessment order of respondent No.2, the appraiser, Customs House, Bandar at Chittagong dated 1‑3‑1999 dire......period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ...... Court High Court Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Salim (Md)……………………………………………………..Petitioner Vs. Commissioner of Customs and others ………….Respondents Judgment July 7, 20..Category: Fiscal/Taxation Law | Date: | Hits: 78
M/S. OK International Vs. Commissioner of Customs & others, 2009, 38 CLC (AD)
....sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122.......General and Mrs. Nahida Yesmin, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record-For the Respondents (In all cases) Civil Appeal Nos. 52-64 of 1999. (From the judgment and order dated 23.06.1998 passed by the High Court Division in Writ Petition Nos.6923 of 1997, 506, 446...... the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122....... Present: M M Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J M/S. OK International................................Appellant (In all cases) Vs. The Commissioner of Customs & others ..............Respondents (In all cases) Judgment March 19, 2009...Category: Fiscal/Taxation Law | Date: | Hits: 86
Haji Md. Shamsul Haque Vs. Pubali Bank Limited, 2009, 38 CLC (AD)
....tioner is set aside and the deposited amount be returned to the present petitioner. With this observation the petition is disposed of. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 75.......structed by M Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 1. Not represented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 2071 of 2008. (From the judgment and order dated 26.08.2008 passed by the High Court Division in Civil Revision No.607 of 2008.) Judgm......titioner. With this observation the petition is disposed of. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 75.......Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Haji Md. Shamsul Haque.........................Petitioner Vs. Pubali Bank Limited, Tongi Branch, represented by its Manager, Tongi, District-Gazipu..Category: Others | Date: | Hits: 109
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
....fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ......dvocate-on-Record-For Respondent No. 8. (Appeared with the leave of the Court) Not represented-Respondent Nos. 1-7. Civil Petition for Leave to Appeal No.1162 of 2008. (From the judgment and order dated 30.09.2007 passed by the High Court Division in Writ Petition No.1255 of 2005.) Judgm......ion for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ......(2011) 71. ..Category: Civil Law | Date: | Hits: 90
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......vil Revision No. 156 of 2002. Judgment Md. Abdur Rashid J.- This Rule was obtained by defendant No.1 upon making a revision application under section 115 of the Code of Civil Procedure against order No. 13 dated 25‑11‑2001 passed by Subordinate Judge, Court No. 5 at Dhaka in Title Suit No.....................Opposite Parties Judgment April 8, 2002. Result: The Rule is made absolute with costs. Cases Referred to- Damodar Valley Corporation Vs. KK Kar, AIR 1974 SC 158; Ms Bindra Builders Vs. Delhi Development Authority, AIR 1985 Delhi 370. Lawyers Involved: Md. Khal......reme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Bangladesh Jute Mills Corporation.............................Petitioner Vs. Maico Jute and Bag Corporation and others ...............Opposite Parties Judgment..Category: Alternative Dispute Resolution | Date: | Hits: 245
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
.... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ......ies. Civil Revision No. 2472 of 1994. Judgment Md Imman Ali J.-In this revisional application under section 115(1) of the Code of Civil Procedure, the petitioner challenges the judgment and order No. 19 dated 1‑6‑1994 passed by the Senior Assistant Judge, Nesarabad, Pirojpur in Title S......l application under section 115(1) of the Code of Civil Procedure, the petitioner challenges the judgment and order No. 19 dated 1‑6‑1994 passed by the Senior Assistant Judge, Nesarabad, Pirojpur in Title Suit No. 2 of 1959 in the Court of Assistant Judge, Nesarabad, District Pirojpur rejecting ......ported in: 56 DLR (HCD) (2004) 221. ..Category: Property Law | Date: | Hits: 61
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
....sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......040 of 1999 arising out of the same Judgment have been perused together and are being disposed of by this single judgment. 2. Both the appeals mentioned above are directed against the judgment and order dated 23‑9‑1998 passed by Assistant Sessions Judge, 1st Court, Chittagong in Sessions case......23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......oth the Criminal Appeal No. 198 of 1999 and No. 2040 of 1999 arising out of the same Judgment have been perused together and are being disposed of by this single judgment. 2. Both the appeals mentioned above are directed against the judgment and order dated 23‑9‑1998 passed by Assistant Sessi..Category: Criminal Law | Date: | Hits: 54
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....all illegality or material irregularity in the conduct of Judicial proceedings by invoking revisional powers of the High Court under section 439 of the Code of Criminal Procedure. In another decision published in PLD 1966 Supreme Court 126 in the case of Mushtaq Ahmed Vs. State their Lordships, whil...... report including accused opposite party No.2 Samir under sections 302/34 of the Penal Code. The case thus being sent for trial the learned Additional Sessions Judge heard the parties and by impugned order dated 20‑4‑2000 discharged accused opposite party No.2 and framed charge against other acc......ders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ......6 DLR (HCD) (2004) 213. ..Category: Criminal Law | Date: | Hits: 82
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ...... Md. Ali Asgar Khan J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the judgment and order dated 26‑7‑2003 passed by the learned Additional Metropolitan Sessions Judge, 2nd Court, C...... Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ......neous Jurisdiction) Present: Md. Ali Asgar Khan J Md. Ashfaqul Islam J Mohammad Syed………………………………………………………………………….....Accused-Petitioner Vs. State, represented by the Deputy Commissioner and another…..Opposite-Party Judgm..Category: Criminal Law | Date: | Hits: 45
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208.......er Musa Khaled J.- This Rule, arising out of an application under section 561A of the Code of Criminal Procedure, was issued calling upon the opposite parties to show cause as to why the judgment and order dated 30‑11‑2000 passed by the learned Sessions Judge, Mymensingh in Criminal Appeal No. 2...... Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208.......(2004) 208...Category: Criminal Law | Date: | Hits: 39
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