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Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......ed Attorney General has made an elaborate submission vehemently opposing the Petitioners right to leave the country. He strongly submitted that the Petitioner is a leader of Jamat-E-Islam a political party which the Petitioner he did not state in his Writ Petition. The learned Attorney General has f..Category: Constitutional Law | Date: | Hits: 147
Islamic Democratic Party (IDP) Vs. Bangladesh Election Commission and others, 2008, 37 CLC (HCD)
....r as a political party cannot be substituted by the satisfaction of this Court. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 12. ...... 3, 2008. Result: The application is rejected. The Representation of the People Order, 1972 (President's Order No. 155 of 1972); Article 90C(I)(a)(b) When the constitution of a political party contravenes the provisions of the Constitution of Bangladesh, 1972, the Election Commission is..Category: Election Law | Date: | Hits: 723
Rafiqul Islam Vs. State, 2009, 38 CLC (HCD)
....Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ......ion (Criminal) Present: Md. Abdul Wahhab Miah J Md. Delwar Hossain J Rafiqul Islam……………………..Accused-petitioner Vs. The State………………………..Opposite party Judgment February 9, 2009. Result: The Rule is made absolute. The accused-peti..Category: Criminal Law | Date: | Hits: 88
Md. Taimur Rahman alias Toibur Vs. State, 2010, 39 CLC (HCD)
.... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ......urt Division (Criminal) Present: AFM Ali Asgar J AKM Asaduzzaman J Md. Taimur Rahman alias Toibur……………………Petitioner Vs. The State……………………Opposite party Judgment August 23, 2010. Result: The rule is made absolute. When there is a f..Category: Criminal Law | Date: | Hits: 87
Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)
....on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......f illegal arms and ammunition prosecution examined 7 witnesses while the defence examined none. Let us scrutinize the testimony of P.Ws. 12. P.W.1 S.I. Kamruzzaman Talukder was a member of raiding party and the police force caught absconding accused Mirza alias Mizan from behind Chunkutia Girls H..Category: Criminal Law | Date: | Hits: 65
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
.... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......hers………………. Opposite Parties Judgment December 17, 2008. Result: These Rules are discharged without any order as to costs. Specific performance of contract Where a party seeks to enforce specific performance of contract, the Court must be satisfied that there is a..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....Government. 6. Mr. Khondker Mahbubuddin Ahmed, learned Advocate appearing for the petitioner in Writ Petition No. 1448 of 2008 submits as follows: (1) Notice under section 3 of the Ordinance is defective. The land proposed to be acquired was not specified in the notice which was not even issue......an in respect of that land was, however, prepared in the name of the Government. The basis of preparation of SA khatian in the name of the Government could not be satisfactorily established by either party. In such a state of affairs, it cannot be conclusively said at this stage that the khas land s..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....ed the same. The issues framed are as follows: 1. Whether the suit is maintainable in its present form and manner? 2. Whether the suit is barred by limitation? 3. Whether the suit is bad for defect of parties? 4. Whether the plaintiff has any right title and interest in the suit land? ......aving five sons and two daughters but daughters are not made parties to the suit. As per admission of P.W.1 there is also a cotton mill on a portion of the suit land but the cotton mill is not made a party to the suit. It is the case of the plaintiff that it has purchased the suit land from nine plo..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
..... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......n as to whether exemption granted by the government through a notification issued under section 19 of the Customs Act could be withdrawn retrospectively so as to effect the vested right acquired by a party by taking a decisive step acting on the notification granting exemption as came up in Hannan..Category: Fiscal/Taxation Law | Date: | Hits: 128
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ......of the following grounds:— (i) Reasonable apprehension in the mind of the litigant that he may notget justice in the Court where the suit is pending; (ii) Where the judge is interested to one party; (iii) Where the judge is prejudiced against the party; (iv) To avoid multiplicity of pr..Category: Procedural Law | Date: | Hits: 179
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ...... protect the interest of the plaintiff in the suit argued, that the instant suit is not maintainable and, as such, the order of arrest is not sustainable on the ground that the plaintiff is neither a party to the shipping documents of the cargo nor does it have any agreement whatsoever with the defe..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......uential mighty person of the society fell on the said land who made an offer to purchase the same at a consideration of Taka 10 lac and having failed he forcibly hanged a signboard of the then ruling party. The petitioner then removed the signboard from his land. On 29-7-90 a meeting of Upazila Pari..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......Miscellaneous Case No. 20257 of 2001. Judgment Md. Mozibur Rahman Mia J.- On an application under section 561A of the Code of Criminal Procedure this Rule was issued calling upon the opposite party to show cause as to why the proceeding of Special Case No.04 of 2008 arising out of Dupchachia..Category: Procedural Law | Date: | Hits: 86
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......e Petitioners. Harunur Rashid, Advocate - For the Opposite Parties. Civil Revision No.4125 of 1991. Judgment SM Emdadul Hoque J.- The Rule was issued calling upon the opposite party Nos.1 and 2 to show cause as to why the impugned Judgment and decree passed by the Subordina..Category: Administrative Law | Date: | Hits: 175
Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)
....against the judgment and decree passed in Title Suit No.151 of 1975. He further submits that the decree passed in Title Suit No. 110 of 1975 is not binding upon the petitioners because there had been defect of parties in the suit and admittedly SA and RS Khatian were prepared in the name of the defe......oner. Faruque Ahmed with Shafiq-ul Hasan, Advocates — For the Opposite Party. Civil Revision No. 534 of 2004. Judgment Mamnoon Rahman J. - This Rule was issued calling upon the opposite party to show as to why the impugned judgment and decree dated 4-1-2000 passed by the Additional Dis..Category: Procedural Law | Date: | Hits: 83
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
....y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......0 of 2006. Judgment SK Sinha J. - Plaintiffs obtained this Rule from a judgment of reversal. 2. Short fact of the plaint case is as follows; Plaintiff-petitioner No.1 and defendant-opposite party No.1 were married on 24th February, 1995 at a dower amount of Taka 50,000. The couple was bles..Category: Family Law | Date: | Hits: 114
Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
.... This settled proposition of law has been echoed unequivocally in the decision referred to above by Mr. Mahmudul Islam. Certainly this Rule merits substance as the impugned order lacks in an inherent defect as being passed without jurisdiction. 9. Fortified with the decisions of the apex Court as......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 174
Salam Mollick (Md.) Vs. State, 1996, 25 CLC (HCD)
.... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ......rt of the Magistrate, 1st Class, Jhalakati Sadar, District‑Jhalakati is for quashing the proceeding. 2. It appears that the case started on the basis of a petition of complaint filed by opposite party No.2 alleging that she was married to accused No.1 Md. Badruzzaman on 24‑10‑87. But after ..Category: Procedural Law | Date: | Hits: 120
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ......ase No. 7(11)78. The final report in case No. 7(11)78 corresponding to GR Case No.538/78 was duly accepted by the SDO and he discharged the accused petitioners. On 20‑12‑78 the informant opposite party Nurul Haque, informant of case No.7(11)78 corresponding to GR Case No.538/78 filed a naraji pe..Category: Criminal Law | Date: | Hits: 138
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
.... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ...... (Civil) Present: Shahidul Islam J Razia Khanam…………………………Plaintiff-Petitioner Vs. Md. Shamuzzoha Khan & Others…………………………Defendant-Opposite party Judgment May 13, 2007. Result: The rule is discharged. Cases Referred to- A..Category: Employment/Service Law | Date: | Hits: 118
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