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Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)

....rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......eal from Original Order No. 98 of 1996. Judgment Amirul Kabir Chowdhury J. - This First Miscellaneous appeal is directed at the instance of the plaintiff appellants challenging the judgment and order dated 19-5-96 passed by Mr. Md. Muniruzzaman, Subordinate Judge, 1st Court, Feni in Miscellane......ent: Amirul Kabir Chowdhury J Fatema Khatun……….…Appellant Vs. Wach Khatun and others…………….Respondents Judgment March 5, 1998. Case Referred to- Nurul Hossain vs. Government of Bangladesh and others 49 DLR (AD) 108. Lawyers Involved: Mahinudul Islam,...... the review application found fault with the judgment of both the Courts below for not framing an issue on the point and for not deciding the identity of the suit property through an Advocate Commissioner. He further submits that the Courts below considered the point of hotchpotch but the lower appe..

Category: Property Law | Date: | Hits: 59

Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)

....e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......or discharge on the ground that no sanction for prosecution against him was obtained from the Government although he is a public servant (Annexure G). But the learned Additional Sessions Judge by his order dated 28-9-92 again rejected his petition on the ground that the petitioner not being a servan......quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......se is also Reported in: 51 DLR (HCD) (1999) 25...

Category: Criminal Law | Date: | Hits: 50

Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ......hority. Further, it was argued that sub-section (7) of section 25 is independent of other provisions of the section and there being no guideline for determination for fixing tariff value the impugned order is arbitrary and without lawful authority. It is further contended that as the petitioner bein......charged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ...... (HCD) (1999) 23. ..

Category: Fiscal/Taxation Law | Date: | Hits: 84

Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)

....ever, respondent No.2 denied the material facts of the writ petition in an evasive manner. 5. Respondent No.4 filed his affidavit–in-opposition stating, inter alia, that the auction notices were published in two dailies namely “The Daily Amar Desh” and “The Daily Shitalakkha” on 2.2.201......t No. 2. M.A. Samad with M.G.H. Ruhullah, Advocate-for Respondent No. 4. Writ Petition No. 6819 of 2010 Judgment Md. Ruhul Quddus J.- This Rule Nisi was issued to examine the validity of order No.76 dated 10.3.2010 (annexe-C to the writ petition) passed by the Artha Rin Adalat, Narayang......copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 183

Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)

.... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......xplanation given by the contemner is inconsistent misleading The contemner took different pleas at different stages, committed gross contempt by his willful disobedience to and non-compliance with order and continued making contradictory and misleading statements before the Court. Though apparent......r Vs. Abu Sayeed Mondol……………….. Respondent-Contemner Judgment January 4, 2011.  Result: The Contempt Rule is made absolute. The explanation given by the contemner is inconsistent misleading The contemner took different pleas at different stages, committed gross c...... This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 68

Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)

....the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ......ass Appeal No.50 of 1986 affirming those dated 22.2.1986 passed by the Munsif (now Assistant Judge), Baraigram, Natore in Other Class Suit No. 22 of 1985 decreeing the suit. 2. It appears from the order book that the Rule was issued on 14.11.1988 and initially it was numbered as Civil Revision No......e record to the Court below immediately. Ed. This Case is also Reported in: ....... This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 54

SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......vocates - for the Respondent. Writ Petition No. 3002 of 2010 Judgment Md. Ruhul Quddus, J.- This Rule, at the instance of a judgment debtor in a money decree, was issued calling in question order dated 5.4.2010 passed by Artha Rin Adalat No.3, Dhaka in Artha Execution Case No. 131 of 2009 ......he judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......(HCD) (2012) 15. ..

Category: Procedural Law | Date: | Hits: 95

Md. Azizul Islam Vs. State, 2011, 40 CLC (HCD)

....y to 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: ......ity the accused persons as named in the FIR being armed with deadly weapons like lathi, iron rod, chopper, knife etc. confined the informant’s son Aminur near the shop of accused No.15; that on the order of the accused Nos.1 and 3, the accused No.7 with iron rod gave blow on the joint of knee of A......r 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: ......- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 40

Md. Shahjahan and others Vs. State, 2010, 39 CLC (HCD)

....erty to cancel the bail, if the accused petitioners misuse 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:......ame of the petitioners and accordingly the petitioner No.1 was arrested on 2.8.2009 and petitioner No.2 was arrested on 22.9.09 and thereafter since their prayer for bail was rejected by the impugned order, they then obtained the instant rule and ad-interim bail of petitioner No. 2. Md. Karim. 3.......oners misuse 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:......ree. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 43

Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)

....any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224.......tisfy, itself that he is not being held in custody without lawful authority. 2. The aforesaid detenu was arrested on 6‑1-­2003 under section 54 of the Code of Criminal Procedure. Thereafter the order of detention under section 3(2) of the Special Powers Act, 1974 (in short, the Act) was issued......consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224....... Court High Court Division (Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Shahina Begum...................................................Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Minis..

Category: Criminal Law | Date: | Hits: 55

Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)

....cation of dry or painful cough; diarrheas; pain. We also find use of Chlorpheniramine maleate as sedative antihistamines; Cf Bangladesh National Formulary (BDNF), 2001, pages 127 and 129 respectively published by the Directorate of Drug Administration in association with the Bangladesh Medical Assoc......al Appeal No. 31 of 2001. Judgment Md. Abdur Rashid J.- This appeal was presented by the sole appellant Badal Kumar Paul under section 410 of the Code of Criminal Procedure against judgment and order dated 13‑11‑2000 passed by the Sessions Judge at Jessore in session case No. 39 of 1999, w......e, 55 DLR 7; State Vs. Miss Eliadah Maccord, 1996 BLD (AD) 239 = 2 BLC (AD) 157. Lawyers Involved: M Shamsul Hoque Advocate-For the Appellant. Sk A Awal, Deputy Attorney-General with Saifuddin Md. Aminur Rahim, Assistant Attorney-General-For the state. Criminal Appeal No. 31 of 2001. ......under sections 19(1) Table 3 (খ), 19(4) and 25 of the aforesaid Act to which both of them pleaded not guilty and claimed for trial. 4. The prosecution examined eight witnesses while the defence none. Their common defence was of innocence and that no Phensidyl was recovered from their possession..

Category: Criminal Law | Date: | Hits: 90

Subasish Das (Bobby) and three others Vs. Bangladesh University of Engineering and Technology and others, 1999, 28 CLC (HCD)

....dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected. Ed. This Case is also Reported in: 51 DLR (1999) 563....... Writ Petition Nos. 2605 2606, 2607 and 2608 of 1999 Judgment Kazi Ebadul Hoque J. - These four Rules are at the instance of respective petitioner of the four Rules challenging the respective order of expulsion from the respondent No. 1 Bangladesh University of Engineering and Technology (BU......er of the respective Rule to appear in the ensuing examination is also hereby rejected. Ed. This Case is also Reported in: 51 DLR (1999) 563.......63...

Category: Others | Date: | Hits: 116

Maliha Banu Vs. Deputy Commissioner of Taxes and others, 1997, 26 CLC (HCD)

....n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561....... of 1990. Judgment Md. Ruhul Amin J. - Petitioner has obtained this Rule under Article 102 (2) (a) (ii) of the Constitution calling upon the respondents to show cause as to why the judgment and order dated 27-5-1990 made by the Commissioner of Taxes Dhaka (East Zone, Dhaka, respondent No.3) as......the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561.......rted in: 51 DLR (1999) 561...

Category: Fiscal/Taxation Law | Date: | Hits: 77

Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

....o.1 made his submissions before the Court in person and it appeared that he failed to appreciate the graveness of the indecent language used, the way and manner in which, the report-in-issue has been published and presented to the public through his newspaper and has failed in his duty, responsibili......empt has been elaborately discussed with which I am in respectful agreement. Some observations have been made on ‘investigation’ with which also I am in respectful agreement. However, the related orders involved in those cases were in fact the orders passed in granting ‘remand’. The issues r......Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ...... Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Riaz Uddin Khan, Advocate and another………………………………. Petitioners. Vs. Mahmudur Rahman and others…………………………………….Respondents. ..

Category: Criminal Law | Date: | Hits: 163

MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)

....en prejudiced in any respect or manner. 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) 341. ...... of 1995. Judgment Md. Ruhul Amin J.- This Rule has been obtained upon an application filed under Article 102(2) (a) (ii) of the Constitution of the Peoples Republic of Bangladesh impugning the order dated 9-4-1995 (order No.15 dated 9-4-1995) of the Court of Subordinate Judge and Artha Rin Ad......he discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ......HCD) (2000) 341. ..

Category: Civil Law | Date: | Hits: 90

Serajul Hoque Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka, 1999, 28 CLC (HCD)

....ion raised in this reference is answered in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 338....... other sources under section 19 of the Ordinance. The DCT added Taka 2, 80,000.00 as income although there was an increase in wealth of Taka 2, 48,926.00. 2. Being aggrieved by the said assessment order, the assessee preferred an appeal to the Senior Appellate Joint Commissioner of Taxes Range-A,......e and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 338....... Division (Special Original Jurisdiction) Present: Syed Amirul Islam J Shah Abu Nayeem Mominur Rahman J Serajul Hoque………………………………..Applicant Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka …………Respondent Judgment Augus..

Category: Fiscal/Taxation Law | Date: | Hits: 81

Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)

.... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335.......ent. (In both the appeals) Criminal Appeal No. 1000 of 1995 with Criminal Appeal No. 729 of 1995. Judgment Gour Gopal Saha J.- These two appeals are directed against the judgment and order dated 24-4-95 passed by the Special Judge, Court No. 2, Rajbari in Special Case No.13 of 1994,...... of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335.......terms of the agreement entered into by the parties and eventually accused Eman Ali, in collusion with the other accused persons, illegally sold the said machine, without adjusting the aforesaid loan money and the interest accrued thereon and thereby committed offences under sections 407/420/109 of t..

Category: Criminal Law | Date: | Hits: 43

Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)

....e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......e Petitioner. FKM Ahsan Mahbub, Assistant Attorney-General—For the State. Criminal Revision No. 647 of 1993. Judgment Gour Gopal Saha J .- This Rule is directed against the judgment and order dated 27-2-93 passed by the Sessions Judge, Gazipur, in Criminal Appeal No.14 of 1986, affirmi......rve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......52 DLR (HCD) (2000) 330...

Category: Criminal Law | Date: | Hits: 37

A Jabber Howlader Vs. Ali Akbar Howlader and State, 1999, 28 CLC (HCD)

....end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329.......represented — the Accused-Respondent. Criminal Appeal No.1128 of 1994. Judgment Md. Hassan Ameen J.- This criminal appeal, at the instance of complainant-appellant, is directed against the order dated 19-5-94, passed by Mr. Abul Kasem, Assistant Commissioner and Magistrate, 1st Class, Jha......is judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329.......8 of 1994. Judgment Md. Hassan Ameen J.- This criminal appeal, at the instance of complainant-appellant, is directed against the order dated 19-5-94, passed by Mr. Abul Kasem, Assistant Commissioner and Magistrate, 1st Class, Jhalakati Sadar, in CR Case No. 248 of 1993 under sections 406, 420 ..

Category: Criminal Law | Date: | Hits: 63

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

.... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ......e Petitioner. FKM Ahsan Mahbub, Assistant Attorney General—For the State. Criminal Revision No. 1372 of 1992. Judgment Gour Gopal Saha J.- This Rule is directed against the Judgment and order dated 2-6-92 passed by the 4th Court of Additional Sessions Judge, Comilla in Criminal Appeal ......he Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ......eported in: 52 DLR (HCD) (2000) 326. ..

Category: Criminal Law | Date: | Hits: 58