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Abu Safa (Md.) Vs. Abdul Momen Chowdhury, 2007, 36 CLC (AD)
....ppeal was filed by using fabricated and non-genuine papers and for non-compliance of the court's order dated November 28, 2007. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 17. ...... the Appellant. Dr. Kamal Hossain, Senior Advocate, instructed by, Syed Mahbubur Rahman, Advocate-on-record—For the Respondents. Civil Appeal No.57 of 2006. (From the Judgment and order dated 24th May, 2005 passed by the High Court Division in Writ Petition No.2561 of 2005) ......urt's order dated November 28, 2007. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 17. ......mber 11, 2007. Result: The appeal is dismissed. Filing of a case by non-genuine person upon using imaginary name of a person and by using fabricated papers is highly deprecable one and, as such, strongly disapproved by the Court. This is not an appeal in the eye of law……..Category: Procedural Law | Date: 11 Dec, 2007 | Hits: 7
Md. Mokter Hossain Khan Vs. State, 2007, 36 CLC (AD)
.... find good deal of force in the points argued by the learned Advocate for the petitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ......lant. Abdur Rouf, Deputy Attorney General-For the Respondents. Jail Appeal No.01 of 2006. Judgment Md. Joynul Abedin J. - This appeal by leave is directed against the judgment and order dated 05.05.2004 passed by the High Court Division in Death Reference Case No.09 of 2002 refer......The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ...... appeal is accordingly allowed. The Evidence Act, 1872 (Act No. I of 1872); section 106 Burden of proof In the absence of evidence as to the presence of the condemned-petitioner in the place of occurrence with his family, the condemned-petitioner can not be taken to be lia..Category: Evidence Law | Date: 9 Dec, 2007 | Hits: 10
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ......ding interest and costs, and pertaining to the vessel M.V. PELEAS K. In decreeing the Suit for an amount of Tk. 19,70,000.00 in favour of the Plaintiff and against the Principal Defendants, the Court ordered on the Plaintiffs entitlement to recover the decretal amount by encashment of the Bank Guara...... This Case is also Reported in: 29 BLD (HCD) (2009) 17. ......ted Attorney Mr. Mahbubur Rahman……………………………………………………..Petitioner Vs. M.V. PELEAS K and others…………………&..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ......t within the purview of the Rules 2007, as follows: (a) The first group of offences have been identified in rules 3 to 9, with provision for penalty. These offences are mostly related to law and order and incidental matters. (b) The second group of offences have been identified in Rule 14 ......ned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ......minal Revisional Jurisdiction) Present: Sharifuddin Chaklader J Md. Emdadul Huq J AKM Reazul Islam and others…………………….Petitioners Vs. State………………..........................O..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
Al Haj A.B.M. Mohiuddin Chowdhury Vs. State, 2007, 36 CLC (HCD)
....of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ......icy decision of the government relating to public welfare and acted to create hostile opinion against the caretaker government openly and secretly and grave apprehension of breach of public peace and order as a result of division among people has arisen. The accused petitioner by criticising and cha...... on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ......ul Islam Chowdhury J Md. Abdul Hye J Al Haj A.B.M. Mohiuddin Chowdhury…………………………………….Petitioner Vs. The State………………………..Category: Criminal Law | Date: 2 Dec, 2007 | Hits: 3
Manzill Murshid and 6 others Vs. Bangladesh and another, 2007, 36 CLC (HCD)
....অত্র রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা ইইল। Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 94. ......to show cause as to why a direction should not be given upon the respondents to constitute vacation Courts for Civil cases during Civil Court vacation of the subordinate judiciary in every December order of orders and/or such other or further order or orders that may be passed as this Court may ...... এ্যাবসলিউট করা ইইল। Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 94. ......অত্র রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা ইইল। Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 94. ..Category: Others | Date: 2 Dec, 2007 | Hits: 7
Mainul Alam Vs. Anjera Begum, 2007, 36 CLC (HCD)
.... retransferred to the Court of the Senior Assistant Judge, Bhola. Intimate both the Courts below for necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 935. ......ion was filed for transferring Title Suit No.83 of 2005 from that Court to any other district for holding simultaneous trial with Title Suit No.142 of 2000. This Court by the impugned judgment and order, dated 6-8-2007, allowed the miscellaneous case and transferred both the aforesaid title suit......n. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 935. ...... Supreme Court High Court Division (Civil Miscellaneous Jurisdiction) Present: Md. Arayesuddin J Mashuque Hossain Ahmed J Mainul Alam..........................Petitioner Vs. Anjera Begum............................Opposite Party Judgment Novem..Category: Procedural Law | Date: 27 Nov, 2007 | Hits: 2
....78,40,997.85 by crediting the sum to the Current Account of the petitioner.
Send down the lower court's record at once.
Ed.
This Case is also Reported in: 28 BLD (HCD) (2008) 18.
......neral with Kazi Zinat Huq, Assistant Attorney-General-For the Respondents.
Writ Petition No.2082 of 2002.
Judgment
Mohammad Abdur Rashid J.- The above Rule NISI was obtained against an order dated 15.04.02 passed by respondent No.1, the Customs, Excise and VAT Appellate Tribunal in No......f the petitioner.
Send down the lower court's record at once.
Ed.
This Case is also Reported in: 28 BLD (HCD) (2008) 18.
......p;………………………………………………………………Petitioner
Vs.
Customs, Excise and VAT Appellate Tribunal, Jotsna Complex……&hellip..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....awful authority and to be of no legal effect. 2. In Writ Petition No.1042 of 2001, a Rule Nisi was issued upon the respondents as to why the impugned auction notice dated 16.03.2001 (Annexure-K) published by the respondent No.1 RAJUK so far it relates to the petitioner's property situated a......001 and Writ Petition No.5721 of 1997. Judgment Moyeenul Islam Chowdhury J.-In Writ Petition No.2603 of 2000, a Rule Nisi was issued upon the respondents as to why the impugned judgment and order dated 25.11.19.96 (Annexure-J) passed by the 1st Court of Settlement, Segun Bagicha, Dhaka (re......ecords along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ......ury J Mrs. Zakia Doha………………………………………………………Petitioner Vs. Chairman, 1st Court of Settlement………………..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)
....et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ...... Md. Mizanur Rahman Bhuiyan J.-The appellant Fazlu alias Fazla preferred this appeal under section 24 of the Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 challenging the judgment and order of conviction and sentence dated 18.05.2000 passed by the learned Judge, Nari-O-Shishu Nir......h any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ......th the Barhatta police station on 06.08.1998 alleging inter alia that on 23.07.1998 her daughter Lipa aged about 4 (four) years was playing with her son Jewel in their own home at 10.00 A.M., then one Fazlu son of Hanif and (2) Din Islam son of Nazmul Haque both of Deuli Police Station Barhatta ..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209. ...... the prosecution to produce them in the Court. On this back ground, the accused-appellant submitted an application for bail but the learned Judge of the Tribunal rejected his prayer by the impugned order dated 29.6.2006, which gave rise to this criminal appeal. 3. Mr. Md. Abdur Razzaque, th......end a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209. ......facts the prosecution case are that S.I. Kamruzzaman of Dhaka Metropolitan Police Station Mirpur along with other police personnel arrested the accused appellant Md. Farid Hossain and recovered one foreign made revolver on the basis of secret information. Since the accused could not show any ..Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7
Muktijoddha Bahumukhi Samabaya Samity Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... জারীকৃত রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ......ept the reserved quota of the Mayor. He lastly submits that, at this stage, the petitioner has no grievance against such allotment. Therefore, the writ petition is liable to be discharged. 8. In order to appreciate the submissions advanced by the learned Counsels, we have gone through the writ ......্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ......preme Court High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Muktijoddha Bahumukhi Samabaya Samity………………………Petitioner Vs. Bangladesh and others………………….Respondents Judgment September 20, 2..Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43
..... In order to carry out the purpose of the above provisions of pre-inspection of imported goods and certification by approved pre-shipment agency, the notification being SRO No.316 dated 19.10.99 was published, naming it as the Pre-Shipment Inspection Order, 1999. In such Order, everything right fro......bills of entry, Annexure-'E' series to the writ petition.
3. During the vacation, the petitioner challenged such CRF certificates before a Single Bench of this Division and on 09.11.05 obtained an order of release of the goods on payment of duty and other charges in cash on the basis of invoice v......ithin a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
......ivision
(Special Original Jurisdiction)
Present:
Mohammad Abdur Rashid J
Md. Miftah Uddin Choudhury J
Abul Khair Condensed Milk and Beverage Ltd……………………………..Petitioner
Vs.
The Commissioner of Customs and others…………………………………..Respon..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
....6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ......plaintiff filed two applications one is for amendment of the plaint and another is for local investigation, fixing 25-11-2004 for hearing but on the same day defendant no.4 filed an application under order VII Rule 11(d) of the Code of Civil Procedure for rejection of the plaint stating that as per ......vil Jurisdiction) Present: Syed Md. Ziaul Karim J Salima Akter Niluma Banu………………………….Petitioner Vs. Shahin Shakhider and others…………………….Opposite Par......Court Division (Civil Jurisdiction) Present: Syed Md. Ziaul Karim J Salima Akter Niluma Banu………………………….Petitioner Vs. Shahin Shakhider and others………………&helli..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ......dvocate - For the Petitioners. Asad Hossain Chowdhury, Advocate - For the respondent No.1-2. Writ Petition No.6067 of 2004. Judgment Md. Abu Tariq J.- This rule has arisen out of order No.49 dated 16.6.2004 issuing warrant of arrest against the writ petitioners passed by the A...... date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ......upreme Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Abu Tariq J M. A. Jaher and others………………………Petitioners Vs. Sonali Bank and others………………………Respondents Judgment ..Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......n No.1333 of 2003. Judgment Sharifuddin Chaklader J.- This Rule, at the instance of the informant, under section 439 of the Code of Criminal Procedure, directing against the judgment and order of acquittal dated 31-7-2003 passed by the learned Metropolitan Additional Sessions Judge, 1s......municate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......2008) 849. ..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)
....find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ......ndents. Writ Petition No.5662 of 2001. Judgment Zinat Ara J.- In this application under Article 102(2)(a)(ii) of the Constitution, the petitioner called in question the legality of the order dated 10-9-2001 issued by the Deputy Director, Bangladesh Bank (respondent No.3) under Memo No......The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ......me Court High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Mosharraf Hossain (Md.)…………………………………………Petitioner Vs. Bangladesh Bank and another……………………………………………Respond..Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ...... law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as follows: Let a Rule Nisi calling upon the respondents to show cause as to why the judgment and order dated 16.10.2005 passed by respondent No.1 (Annexure-C) should not be declared to have been pa......sed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ......………………………………………………………………..Petitioner Vs. The Chairman, First Labour Court and another…………&hell..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......irect evidence to prove the charge under section 304 part 1 of the Penal Code, the only alternative available to the prosecution to sustain the charge is to depend on circumstantial evidence. In order to sustain a conviction on circumstantial evidence alone, there must exist an unbroken and we......from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......h are always kept in mind while evaluating the merits of the case and fixed formula can be adopted………………………………(63) It is the duty of the prosecution to prove the prisoner's guilt. If at the end of and on the whole of the case, there is reasonable doubt created by t..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
.... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ......No.33 of 2004, Crl. Appeal No.887 of 2004, Jail Appeal No.313 of 2004, Jail Appeal No.172 of 2005 and Crl. Misc. Case No.1195 of 2005. 2. Learned Speedy Trial Tribunal, Barisal by his judgment and order dated 01-03-2004 passed in Speedy Tribunal Case No.62 of 2003 convicted condemned prisoners (1...... Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ......ul Awal J The State………………………………………………………….…….State Vs. Tipu Gazi and others……………………………………………..Condemned-Prisoners Judgment August 15, 2007. Result: The Criminal Appeal No.887 of 2004 is allowed ..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
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