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Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)

.... is made absolute. The Arms Act, 1878 (Act No. IX of 1878); section 26 Under section 26 of the Arms Act, the District Magistrate is not empowered to issue an order for seizure of arms. Only the Government is empowered to seize arms of any person and to detain the same for such time as it think...... Supreme Court High Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Tafazzul Islam J Mokbul Hossain Santu (Md.)………………………Petitioner Vs. Bangladesh and others………………………Respondents Judgment November 24, 1997. Res......urt High Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Tafazzul Islam J Mokbul Hossain Santu (Md.)………………………Petitioner Vs. Bangladesh and others………………………Respondents Judgment November 24, 1997. Result: The......) 591. ..

Category: Criminal Law | Date: | Hits: 77

National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)

....der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......n the meaning of the Act……….….(17) Case Referred to- Sultana Jute Mills Limited Vs. Agrani Bank, 1994 BLD (AD) 196 = 46 DLR (AD) 174; Pubali Bank Ltd. Vs. Md. Mamnur Rahman, 54 DLR 458; Bangladesh Jatiya Somabaya Bank Vs. Md. Obaidul Akbar, BCR 1982 (AD) 18; DP Goenka Vs. Governor-Gene......n (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J FRM Nazmul Ahasan J National Bank Ltd………………………Plaintiff-appellant Vs. Provashi International Ltd. and others………………………Defendant-respondents Judgment December 12, 2010. Resu......Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J FRM Nazmul Ahasan J National Bank Ltd………………………Plaintiff-appellant Vs. Provashi International Ltd. and others………………………Defendant-respondents Jud..

Category: Civil Law | Date: | Hits: 106

Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)

....     The features of the scanned images are clearly as follows:- (a) LTI on the first page occurs on the top right corner of the document just below the specified Government impression stating the value of the stamp. In the usual manner, the hand writings on this......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......t. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......CD) (2012) 222. ..

Category: Property Law | Date: | Hits: 139

Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)

....made in the plaint contending inter alia that the suit is not main­tainable in the present form; that the suit is barred by waiver, estoppel and acquiescence. It's case was that the then Pakistan Government initiated the Certificate Case No.68370/60-61 due to non payment of rent by the original ......e suit property was originally belonged to Debendra Nath Dingi and his name was duly recorded; that during the partition of India, the schedule land was in the territory of the then East Pakistan now Bangladesh and he was obstructed to use the land; that at that time the father of the plaintiff and ......ed Mohammad Ziaul Karim J Md. Mosarraf Hossain Mondol.............................Plaintiff-respon­dent-petitioner Vs. Md. Elias Hossain Mollick being dead his heirs: 1(a) Md. Bazlur Rahman and others............................Opposite parties. Judgment January 29, 2007. Result: ......2010) 107. ..

Category: Procedural Law | Date: | Hits: 114

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

....I.O. that while he just starting running in the gap between the accuseds, one of the accused about to inflict blow on him but he could escape. He after receiving gunshot injury he did not went to any Government Hospital. He cannot recollect whether he stated to the investigating officer that after r...... It is also in the evidence that deceased Boshor is a married person and his wife is alive. It is also in the evidence that, although there is contradiction, two full brothers of the deceaseds are in Bangladesh beside that the other brothers of the informant, although through stepmother No.1 and 2, ...... (2010) 138. ......ed in: 18 BLT (HCD) (2010) 138. ..

Category: Criminal Law | Date: | Hits: 89

S.M. Ahsan Kabir Vs. Election Appellate Tribunal (Upazilla Election Parishad) and others, 2010, 39 CLC (HCD)

.... praying for calling the documents/papers as mentioned therein from the office of the Returning Officer, Pirojpur Upazilla Parishad Election, 2010 and from the office of the Executive Engineer, Local Government Engineering Department, Pirojpur. The petitioner filed a written objection on 17.7.2009 a......Khan, Advocate - For the respondent No.4. Writ Petition No.3023 of 2010. Judgment Md. Delwar Hossain J.- Upon an application under Article 102 of the Constitution of the People's Republic of Bangladesh this Rule Nisi was issued on 04.5.2010 calling upon the respondents to show cause as to w......riginal Jurisdiction) Present: AHM Shamsuddin Chowdhury J Md. Delwar Hossain J S.M. Ahsan Kabir……………Petitioner Vs. Election Appellate Tribunal (Upazilla Election Parishad) and others……………Respondents Judgment June 10, 2010. Result: The Rule is disch...... (2010) 289. ..

Category: Election Law | Date: | Hits: 600

Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)

....of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ...... Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......ase is also Reported in: 18 BLT (HCD) (2010) 273. ..

Category: Procedural Law | Date: | Hits: 99

M/s. ERRIA Shipping Pte Ltd. and another Vs. M/s. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)

....6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower Court records at once. Md. Arayes Uddin J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 176. ......il appellate jurisdiction) Present: Md. Arayes Uddin J Md. Abu Tariq J M/s. ERRIA Shipping Pte Ltd. and another……………………………Appellants Vs. M/s. Lever Brothers (Bangladesh) Ltd……………………………Respondent Judgment February 11, 2009. Resu......also Reported in: 7 LG (HCD) (2010) 176. ...... High Court Division (Civil appellate jurisdiction) Present: Md. Arayes Uddin J Md. Abu Tariq J M/s. ERRIA Shipping Pte Ltd. and another……………………………Appellants Vs. M/s. Lever Brothers (Bangladesh) Ltd……………………………Respondent Judgment ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 486

Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)

.... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ......l. The test provided by the section is not as to whom the arms belong but whether they are in the possession or under the control of the persons charged. What is contemplated by this clause is actual and physical possession and control and not merely a possession or control by construction of law......... High Court Division (Criminal Appellate Jurisdiction) Present: Siddiqur Rahman Miah J Md. Rezaul Haque J Mohin Uddin (Md.) …………………Appellant     Vs. State…………………………… Respondent Judgment March 23, 2008. Result: ..

Category: Criminal Law | Date: | Hits: 92

United Mineral Water and PET Industries Ltd. Vs. Commissioner, Customs, Excise and VAT Commissionerate and others, 2007, 36 CLC (HCD)

....05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 734. ......003 to December, 2004 as per VAT accounts. But the petitioner received Taka 144, 31, 55,331 during the period on the basis of two bank accounts maintained with the Bank of Small Industry and Commerce Bangladesh Limited, Main Branch at Dhaka. On consideration of said transfers, said respondent was of...... Reported in:61 DLR (HCD) (2009) 734. ......rt High Court Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftahuddin Choudhury J United Mineral Water and PET Industries Ltd…………..Petitioner Vs. Commissioner, Customs, Excise and VAT Commissionerate and others………………Respondents..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....eme Court High Court Division (Special Original Jurisdiction) Present: SAN Mominur Rahman J Md. Arayes Uddin J Engineer Mahmudul Islam and others..............Petitioners Vs. Government of the People's Republic of Bangladesh and others...........Respondents Judgment No......pecial Original Jurisdiction) Present: SAN Mominur Rahman J Md. Arayes Uddin J Engineer Mahmudul Islam and others..............Petitioners Vs. Government of the People's Republic of Bangladesh and others...........Respondents Judgment November 26, 2002. Result: The Rule......e is also Reported in:55 DLR (2003) 171. ....... ..

Category: Others | Date: | Hits: 113

BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)

....ctive on the difference of remuneration in the public service and so-called charitable service, when is considered at the background of the national pay scale under which the Head of the Republic and Government received what salary and benefits of course tax-free from the public exchequer for perfor......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......f Finance Mr. Shawkat Hossain, 75, Mohakhali, CADhaka-1212…………………Petitioner Vs. The National Board of Revenue, Segunbagicha, Dhaka represented by its Chairman, Segunbagicha, Dhaka and another…………………………Respondents Judgment February 12, 2008. Result: ......) Present: Mohammad Abdur Rashid J Md. Miftah Uddin Choudhury J BRAC, represented by its Head of Finance Mr. Shawkat Hossain, 75, Mohakhali, CADhaka-1212…………………Petitioner Vs. The National Board of Revenue, Segunbagicha, Dhaka represented by its Chairman, Segunbagicha,..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)

....to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ......or the respondent No.2. Writ Petition No.5979 of 2005. Judgment Sheikh Abdul Awal J.- This Rule was issued on an application under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon to show cause as to why the impugned Order No.65 dated 02.07.2005 passed by ......on (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Md. Abul Basher………………………Petitioner Vs. The Judge, First Artha Rin Adalat, Chittagong and others………………….Respondents Judgment May 6, 2008. Result: The Rule is di......(HCD) (2008) 208. ..

Category: Civil Law | Date: | Hits: 136

Chairman, Bangladesh Water Development Board and others Vs. Md. Abdur Rahman and another, 2008, 37 CLC (HCD)

....dge, Sadar, Kurigram impleadine the petitioner Nos.1-4 as defendant Nos.1-4 and prayed for a decree for declaration that he is entitled to get gratuity, pension and other service benefit as a regular Government employee. 3. The case of the plaintiff is that he joined the then West Pakistan Water ......d in: 13 MLR (HCD) (2008) 405. ......n (Civil Revisional Jurisdiction)        Present: Salma Masud Chowdhury J Chairman, Bangladesh Water Development Board, Paridaptar, WAPDA Bhaban, Dhaka and others…………………Petitioners Vs. Md. Abdur Rahman and another………………â......p;      Present: Salma Masud Chowdhury J Chairman, Bangladesh Water Development Board, Paridaptar, WAPDA Bhaban, Dhaka and others…………………Petitioners Vs. Md. Abdur Rahman and another…………………Opposite parties Judgment April 24, 20..

Category: Employment/Service Law | Date: | Hits: 166

Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)

....rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......l Revisional Jurisdiction) Present: Syed Abu Kowser Md. Dabirush Shan J Abdul Mannan Mathbar………………………………Plaintiff-Appellant-Petitioner Vs. Nazmul Hoque Majumder and others…………………………Defendant-Respondent-Opposite Parties Judgment May 17,...... High Court Division (Civil Revisional Jurisdiction) Present: Syed Abu Kowser Md. Dabirush Shan J Abdul Mannan Mathbar………………………………Plaintiff-Appellant-Petitioner Vs. Nazmul Hoque Majumder and others…………………………Defendant-Respondent-Opposite P..

Category: Civil Law | Date: | Hits: 94

Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J ATM Fazle Kabir J Human Rights and Peace for Bangladesh and others…………………….Petitioners Vs. Government of Bangladesh and others……………………Respondents Judgment March 21, 201......he Appellate Division Judgment here. Supreme Court High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J ATM Fazle Kabir J Human Rights and Peace for Bangladesh and others…………………….Petitioners Vs. Government of Bangladesh and oth......) 257. ...... Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J ATM Fazle Kabir J Human Rights and Peace for Bangladesh and others…………………….Petitioners Vs. Government of Bangladesh and others……………………Respondents Judgment March ..

Category: Environmental Law | Date: | Hits: 731

Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)

.... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Sobhan Munshi………………………….Petitioner Vs. The State and another……………………………Opposite parties Judgment January 7, 2010. Resu...... ..

Category: Criminal Law | Date: | Hits: 81

Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)

....es­sion is to be claimed by a person whose title is to be perfected other than by virtue of a title deed or a contract to purchase. . . The limitation for getting title by adverse possession against Government is 60 years uninterrupted possession….………(19) Dismissal of suit When there ......ndant No.4 in connivance with the employees of the vested cell includes ‘ga’ schedule land in VP Case No. 31/79-80 as enemy property. Plaintiff did not know about all these facts as he was not in Bangladesh. While he came in Bangladesh from abroad, he was advised, by the revenue employee to file...... High Court Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Shawkat Hossain J Waseq Ullah & Others.................Appellants Vs. Rezia Khatun and Others……............Respondents Judgment May 23, 2010. Result: The First Appea......00. ..

Category: Property Law | Date: | Hits: 83

Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)

....r in a proper case and direct trial notwithstan­ding the provisions as to conclusion of trial within a specified time. While we find our inability to do anything in the present case.We hope that the Government would come forward with some legislative measure autho­rising the superior Court to inte......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......site-Parties Judgment December 3, 1985. Result: The Rule is discharged. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 339C In a number of cases involving serious and grave offences advantages of section 339C Cr.P.C. were taken without any trial. The practical co...... Court High Court Division (Dhaka Bench) (Criminal Revisional Jurisdiction) Present: ATM Afzal J Latifur Rahman J Mohammad Ali……………………Infor­mant Petitioner Vs. Sukur Ali & others………………………Opposite-Parties Judgment December 3, ..

Category: Procedural Law | Date: | Hits: 102

Intertek Testing Services International Limited and others Vs. National Board of Revenue, Dhaka & others, 2003, 32 CLC (HCD)

....are internationally, reputed Pre-shipment Inspection, Agencies engaged in the business of pre-shipment inspection of goods exported from different countries and they were duly approved as such by the Government of Bangladesh. The petitioners have their branches and operations in more than 100 countr......nally, reputed Pre-shipment Inspection, Agencies engaged in the business of pre-shipment inspection of goods exported from different countries and they were duly approved as such by the Government of Bangladesh. The petitioners have their branches and operations in more than 100 countries world­-wi...... 55 DLR (HCD) (2003) 691. ......urt Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Tariqul Hakim J Intertek Testing Services International Limited and others..........................Petitioners Vs. National Board of Revenue, Dhaka & others..............................................Re..

Category: Fiscal/Taxation Law | Date: | Hits: 119