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Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
....rthwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......Attorney General— For the State. Criminal Miscellaneous Case No.155 of 1987. Judgment Latifur Rahman J. - This Rule was issued on 26.10.87 calling upon the Deputy Commissioner, Manikganj and the opposite party No.2 to show cause as to why accused Jalaluddin who has already been acquit......itioner in Sessions Case No.63 of 1984 should not be set aside and the said case should not be sent back for retrial or to pass such other or further order or orders as to this Court may seem fit and proper. From the said order it also appears that Mr. Syed G.R. Modasir Hossain, the learned Deputy......rthwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ..Category: Criminal Law | Date: | Hits: 101
Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)
.... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ......ment August 16, 1989. Result: The Rule is made absolute. Cases Referred to- Bristol South-East Parliamentary Election, (1961) 3 A E L R 354; Sanaullah Vs. Election Tribunal, Gujrat and others, PLD 1966 Lah. 97. Lawyers Involved: Syed Ishtiaq Ahmed with Salahuddin Ahmed, Advo......th the Tribunals below have given cogent reasons for not treating the petitioner's letter of resignation dated 9.1.88 as a valid one. It has been concurrently held by the Tribunals below that the proper authority to accept the resignation of a dealer is the District Food Controller and not the U...... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ..Category: Election Law | Date: | Hits: 187
Chand Miah & Others Vs. State, 1989, 18 CLC (HCD)
....f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ...... in: 42 DLR (HD) (1990) 97. ......ng in the Court of Special Tribunal Case No.2, Bogra should not be stopped and the petitioners should not be released or such other or further order or orders passed as to this Court may seem fit and proper. 2. On 5.10.86, one Azimuddin lodging the complaint with the Upazila Magistrate, Dupchachi......f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ..Category: Procedural Law | Date: | Hits: 112
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
.... result the Rule is disposed of with the above observations. Communicate the order at once. Send down the lower Court records. Since it is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also ......f the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ......ring on behalf of the opposite parties, concedes to the submission of the learned Advocate for the petitioners and does not oppose to send it back to the trial Court for presentation of the same in a proper Court having pecuniary jurisdiction to try the case. 9. Heard the learned advocate for bot...... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ..Category: Property Law | Date: | Hits: 96
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
....se No. 64 of 1990. 2. It appears that First Information Report was lodged against the accused persons on 3.1.90 under section 19(a) and (b) of the Arms Act. Investigating Officer having failed to complete the investigation within 60 days learned Upazila Magistrate allowed time for completion of ......e is also Reported in: 48 DLR (HCD) (1996) 148.......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148...Category: Criminal Law | Date: | Hits: 82
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Abu Sayeed Ahammed J Baseruddin Pramanik (Md.)……………………………Petitioner Vs. Golapjan Bewa and others……………………………Opposite Parties Judgment July 1, 1995. Result: ...... Das, 51 CWN 644. In that decision it has been held as follows: "If a question is raised that a purported transfer is not a real transfer but a benami transaction in the sense that transfer holds the property on behalf of the transferor, such a question falls within the proper scope of an enquiry un......result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137...Category: Property Law | Date: | Hits: 89
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......Case is also Reported in: 44 DLR (HCD) (1992) 354. ......ossain Md. Habibur Rahman J the Senior Judge of the Bench for reasons stated in his Judgment dated 25.11.91 rejected all the 3 writ petitions summarily holding that section 4 of Act 27 of 1991 is a proper valid piece of legislation and the election of the President held in accordance with the said......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
.... Court's Judge committed serious error of law in determining the said question of title in favour of the plaintiff in this SCC Suit and as a result there has been an error in the decision Occasioning complete failure of justice. 6. Mr. Md. Abdul Majid, the learned Advocate appearing for the pl...... Judgment Muhammad Ansar Ali J.-This Rule issued at the instance of the defendant petitioner in an application under section 25 of the Small Cause Courts Act is directed against the judgment and decree dated 10.9.80 passed by Mr. Hassan Amin, Subordinate Judge and SCC Judge, Pabna in Small ......of the Small Cause Court Judge (Sub‑Judge) at Pabna against the defendant‑petitioner for evicting him from the suit‑holding. The plaintiffs case, in short, is that he acquired the 'Ka' schedule property including the building thereon from one Bhabani Prasad Saha by way of exchange in the year ......ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ..Category: Civil Law | Date: | Hits: 140
Mahbubur Rahman Vs. State, 1992, 21 CLC (HCD)
....trate is not satisfied, he may direct further investigation but cannot direct submission of supplementary charge‑sheet. In this field the statute confers wide power upon the investigating agency to complete investigation in the case of cognizable offence reported to the police. The police have bee......ahbubur Rahman ..................Petitioner Vs. The State ................Opposite Party Judgment February 12, 1992. Result: The revisional application is allowed and the Rule made absolute. Case Referred to- Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD)......lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ......lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ..Category: Criminal Law | Date: | Hits: 78
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
.... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582.......ported in: 44 DLR (HCD) (1992) 582....... but to bring the whole matter to the notice of the Minister‑in‑charge of the Ministry of Labour and Manpower by its letter dated 3.5.90 and the Minister directed the Director of Labour to hold a proper enquiry into the allegations of the Union. Upon the direction given by the Minister‑in‑ch...... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582...Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......tioner Vs. The State .................Respondents Judgment September 24, 1992. Result: The rule is discharged. Cases Referred to- Abdul Kader Chowdhury and others Vs. State, 28 DLR (AD) 38; Abdul Ali and another Vs. State 30 DLR 58; Bangladesh Vs. Ten ......ing in the court of Additional Sessions Judge, 2nd Court and ex‑officio Special Judge, Dhaka should not be quashed, or such other or further order or orders passed as to this court may seem fit and proper. 2. While issuing the Rule on the prayer of the accused petitioner further proceedings ......cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519....... This Case is also Reported in: 41 DLR (HCD) (1989) 519.......ivorced by her first husband. Petilioner's 2nd husband used lo live in the house of the plainliff-opposite party as domesticated son-in-law and looked after plaintiff-opposite party and managed her property and household affairs. Petitioner No.1 who earned affection, love and sympathy of mother ......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519...Category: Property Law | Date: | Hits: 134
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....t is in the plaint that the defendant-petitioner took delivery of the plaintiffs oil tanker in the middle of October, 1969 for repairs with a promise to return the vessel within 5-weeks thereof after complete repairs. Under Article 65 of the Limitation Act a suit for compensation for breach of a pro...... Reported in: 41 DLR (HCD) (1989) 513....... "decision upon the existence or effect of an award" is wide enough to cover suits which are aimed at implementing the terms of an award. In cases where parties want to have the award enforced, the proper procedure for them is first to get that award made a rule of the Court and then to enforce or......der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513...Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....is directed towards a special subject, a special class of objects and gives rise to special cause of action and self provides for the method of enforcement of rights conferred by that Act i.e. a code complete in itself. Therefore, Artha Rin Adalat Ain, 1990 or 2003 is a special law. Since the act do......Mohiuddin Specialised Textile………………Defendant-Respondent Judgment August 18, 2009. Result: The appeal is allowed. Cases Referred to- Sonali Bank Vs. Quaderia Publications and Products Limited, 17 BLT (AD) 148; Sonali Bank Vs. Messrs Beg and Beg Jute Incorporated Ltd., 17......ons of this Cell and Committees have no force of law and are not binding on the loan granting banks and financial institution unless and until these recommendations are accepted by the government and proper directions are made by the government for implementation of these recommendations. (x) In......l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ..Category: Civil Law | Date: | Hits: 141
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
....to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ......, inter alia, in short, is that, the plaintiff-opposite party filed Other Suit No.199 of 1988 subsequently re-numbered as Title Suit No.140 of 1990 in the Court of Senior Assistant Judge, Magura for mandatory and prohibitory permanent injunction in respect of 1 decimal of land mentioned in the sched......laintiff for a decree of mandatory and prohibited injunction, etc. 3. During pendency of the suit the plaintiff opposite party filed an application on 28-8-1990 for local investigation in the Suit property. In the application the plaintiff prayed for local investigation to ascertain the area of o......to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ..Category: Civil Law | Date: | Hits: 122
Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)
....n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333.......t Division (Special Original Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Abdul Aziz J Hyundai Corporation…………..Petitioner Vs. Deputy Commissioner of Taxes, Dhaka and another………………..Respondent Judgment March 11, 1999. Result: The reference......that in their judgment they have not at all discussed or considered the points at issue. They have simply stated the parties case and then dismissed the appeal. This judgment cannot be construed as a proper and legal judgment. They have shirked their responsibilities and they have not considered the......n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333...Category: Fiscal/Taxation Law | Date: | Hits: 254
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
....alue US$ 4,100.00 for the purpose of release of the goods, that the customs authorities on examination of the merchandise imported by the petitioner and that after completion of necessary formalities completed assessment of Customs duties, that the petitioner deposited an amount of Taka 1,48,464.85 ......t High Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Iftikhar Rasool J Delicia Dairy Food Ltd……..........Petitioner Vs. Collector of Customs and others ………………….Respondent Judgment June 25, 1998. Result: The Rule is ...... to the Writ Petition) should not be declared to have been made without lawful authority and to be of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. By the impugned order petitioner was directed to deposit within 15 days from the date ......should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381...Category: Fiscal/Taxation Law | Date: | Hits: 189
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....stion of limitation does not arise. 63. In the instant suit, the original suit was filed against the driver, was filed on 1-1-1991. The accident took place on 3-12-1989. The District Judiciary was completely on holidays from first December to 31st December. Section 4 of the Limitation Act prescri...... High Court Division (Civil Appellate Jurisdicion) Present: Sharifuddin Chaklader J Md. Nuruzzaman J Bangladesh Beverage Industries Ltd.…………Appellant Vs. Rowshan Akhter and others…………..Respondents Judgment May 11, 2010. Result: The appeal is allowed......nd allowed by the learned judge was made or given on emotion as there is no reason for the claim or awards given, as submits that any claim made or any decree passed should be calculable and based on proper materials on record. In this regard learned Advocate relied on the decision of Serajul Islam ......ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....LR (AD) 20 = 62 DLR (AD) 231, it has been held that the execution proceeding ends with the completion of auction process in respect of mortgaged property, as such, at present when the auction process completed and delivery of auction land has already been given it cannot be re-opened. Learned Advoca...... is also Reported in: 62 DLR (HCD) (2010) 474. ......, Dhaka impleading Judgment debtors as defendant No.1 and 2 and Bangladesh House Building Finance Corporation as pro forma defendant, for realizing loan money of Taka 8,03,568 on selling the mortgage property. 3. Plaintiff in the plaint stated that defendant Judgment debtor No.1, Md. Asadullah by......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ..Category: Civil Law | Date: | Hits: 156
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ...... Bangladesh Environment Lawyers Association (BELA)……………Petitioner Vs. Bangladesh…………..Respondents Judgment June 3, 2010. Result: The Rule is made absolute in part and the injunction order stands vacated. Cases Referred to- Dr. Mohiuddin Faruque Vs. Banglade......s and also to realize compensation from them for causing damages to the river and the villagers of the said villages and/or such other or further order or orders passed as this Court may deem fit and proper. 2. By the same Rule issuing order dated 13-7-2009, the respondents were restrained by an ......he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ..Category: Environmental Law | Date: | Hits: 1019
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