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Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242....... This Case is also Reported in: 63 DLR (HCD) (2011) 242.......Babor Ali Molla Vs. State, reported in 44 DLR (AD) 10. 11. On the other hand, Mr. Farhad Ahmed, the learned Deputy Attorney General appearing on behalf of the State submits that the trial Court on proper appreciation of the evidence on record rightly found guilty to the accused persons. He furt...... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242...Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......Hossain J Md. Imman Ali J Md Mamtaz Uddin Ahmed J Md. Shamsul Huda J Abdul Jalil & other………………….........................Appellants Vs. Islami Bank Bangladesh Ltd and others..........Respondents Judgment October 12, 2011. Result: The appeal is dismiss......ing aside the aforesaid order of the Subordinate Judge and consequently allowing the application for rejection of plaint of Title Suit No.42 of 1999. 2. For better appreciation of the matter and proper disposal of this appeal some necessary facts require to be stated first. 3. These present ......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107...Category: Procedural Law | Date: | Hits: 108
....stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
......orted in: 50 DLR (HCD) (1998) 273.
......or added Respondent No.8.
Writ Petition No.4127 of 1992.
Judgment
Qazi Shafiuddin J.- A Rule was issued calling upon the respondents to show cause as to why the execution and transfer of the property of the petitioner’s deity by the respondent Nos. 1-3 in favour of the respondent No.4 sho......stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
..
Category: Property Law | Date: | Hits: 85
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ...... High Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Azizul Haque J Mahbub Alam………………..Petitioner Vs. Commissioner, Customs, Excise and VAT, Sylhet and others………………….Respondents Judgment June 6, 2010. Result:......list made by the Customs Officers, should not be declared to have been continued unlawfully and without jurisdiction 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 17-8-2003, all further proceedings of the above m......52 = 52 DLR (AD) 115 wherein their Lordships have held that the dispute regarding variation of population cannot be resolved in a writ petition under Article 102 of the Constitution since it requires adjudication on facts and on evidence. The other one is in the case of Shamsunnahar Salam Vs. Md. Wa..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....re, we find that this is a case of murder. Now the question is whether the appellants were involved in the alleged murder. Admittedly, there is no eyewitness to the alleged occurrence and the case is completely lacking in circumstantial evidence as well. It is also admitted that the prosecution has ......LR 97. Lawyers Involved: MA Mannan, Deputy Attorney-General - For the State. Criminal Appeal No. 617 of 2002. Judgment Md. Azizul Haque J.- This appeal is directed against the Judgment and order dated 11-11-2001 passed by the Additional Sessions Judge, Moulvibazar in Session Case No.6......ncing each of them to suffer imprisonment for life and also to pay fine of Taka 5,000 in default to suffer rigorous imprisonment for one year more thereunder. 2. To arrive at a correct decision on proper appreciation of facts and evidence, the prosecution version as narrated in the first informat......erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ..Category: Criminal Law | Date: | Hits: 75
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385.......urt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. Azizul Haque J Solaiman (Md.)……………………….Petitioner Vs. State and another………………………………opposite Parties Judgment April 8, 2010. Res......ments Act, 1881 (hereafter referred to as the Act), now pending in the Court of Metropolitan Magistrate, Chittagong, should not be quashed and/or any other order passed as this Court may seem fit and proper. 2. By the Rule issuing order dated 9-3-2008, all further proceedings of the above mention......ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385...Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ......e Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Hye J Md. Abdus Samad J Amanullah (Md.)……………………..Accused-petitioner Vs. State and another………………………Opposite Party Judgment June 3, 2010. Result: The ......ising out of Kafrul PS Case No.30 dated 11-10-2007 under section 165A of the Penal Code should not be set aside and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. In short, the facts relevant for disposal of this Rule are as follows: One Md. Ali......me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ..Category: Criminal Law | Date: | Hits: 84
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....be taken away. It continues to exist till the election petition is finally settled. 12. Mr. Ariff further argues that if an election, contemplated under Article 123, is free from dispute it will a complete election as it reaches a finality with gazette notification. But in case of pendency of an ...... High Court Division (Special Original Jurisdiction) Present: K M Hassan J Md. Latifur Rahman J Mahboob Uddin Ahmed……………Petitioner Vs. Bangladesh Election Commissioner, and others………………Respondents Judgment May 27, 1998. Result: The Rule is disch......the two provisions but to give a harmonious interpretation of the conflicting provisions to avoid a head on clash, “If it is possible to avoid a conflict between two provisions of an enactment on a proper construction thereof, then it is the duty of the Court to so construe them that they are in h...... laws relating to election dispute. For example: “(a) if an election is held now in the disputed constituency under Article 123, before the election dispute is finally decided, it will amount to adjudication of the dispute by the Election Commission and the dismissal of the election dispute, ..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......hmed Vs. Bangladesh, 45 DLR (AD) 1; Manager, Personal Division Vs. Md. Sazaban Miah & others, 35 DLR 224; Civil Petition for Special Leave to Appeal Leave (CPSLA) No.299/83; Dhunat Degree College and others Vs. Md. Abdus Samad and others, 49 DLR 38; Fazlul Karim Vs. Agrani Bank, represented by t...... as per service rules of the corporation and also for a decree for all arrear pay, allowances due and payable to him with costs and also for any other for further relief as the Court may deem fit and proper, contending that the order of dismissal dated 27-9-82 is not lawful in as much as the order o......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ..Category: Employment/Service Law | Date: | Hits: 182
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268........ Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......pposite Parties. Application No.2 of 1988. Judgment Anwarul Hoque Chowdhury J. -This application under section 11(1) of the Administrator General's Act, 1913, is for permission to sell trust properties of the estate of Rai Bihari Lai Maitra Bahadur, a Zamindar and previously a resident of t......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268...Category: Trust/Waqf Law | Date: | Hits: 166
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......ereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......the active help of his family members started looking after the business of the company gradually excluding late Md. Ashraf Ahmed. Mr. Ashraf Ahmed also complained to the Chairman for not maintaining proper books of accounts by the company. False figures were entered in the books of accounts. Althou......pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256...Category: Company Law | Date: | Hits: 233
Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
....lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ......dents alleging that on 23.10.87 at about 2-30/3 P.M. the accused-respondents along with other unknown persons assaulted him. The respondent No.1 inflicted bleeding injuries, on his head by a Dao blow and the respondent No.2 hit him with iron patta causing swelling injuries on his body. The responden......eto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall notwithstanding anything herein before contained, acquit the accused, unless for some reason he thinks proper to adjourn the hearing of the case to some Other day: Provided that, where the complainant......lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ..Category: Procedural Law | Date: | Hits: 85
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ......san J Md. Tafazzul Islam J Sazedur Rahman (Md.)……………………Petitioner Vs. Secretary, Ministry of Establishment, Superior Appointment Division, 4, Bangladesh Secretariat, Dhaka and others……………………Respondents Judgment March 23, 1998. Result: The Rule ......cases he will be required to seek remedy under Article 117(2), in other words, in case of infringement of fundamental rights by administrative action and not by law the Administrative Tribunal is the proper forum and not the High Court Division.” 17. In spite of the words ‘the Supplemental’......is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ...... High Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J M M Ruhul Amin J Mostafa Kamal………………Petitioner Vs. Chief Election Commissioner and others…………………Respondents Judgment August 19, 1997. Result: The Rule is......38 to hand over the charge shall not be declared to have been made without lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioner, in short, is that the schedule of election of both the Cha......e process of the election including an order passed by the Election Commission under Rule 70. In that case it was further observed that in a dispute the issue is to be raised and evidence adduced for adjudication by a competent tribunal. This function has been given to the Election Tribunal and to n..Category: Election Law | Date: | Hits: 154
Abul Kalam Azad (Md.) and others Vs. Md. Kamrul Hasan and others, 1997, 26 CLC (HCD)
.... stay granted at the time of issuance of the Rule is vacated. Let a copy of the order be sent to the Court concerned immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 259. ......is Case is also Reported in: 50 DLR (HCD) (1998) 259. ......opposite party against the application. It is not possible for this Court to examine the impugned order passed, since no reason has given. The order impugned does not show that the same was passed on proper consideration and therefore such order cannot be sustained and rejection of application in su...... stay granted at the time of issuance of the Rule is vacated. Let a copy of the order be sent to the Court concerned immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 259. ..Category: Procedural Law | Date: | Hits: 85
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....isions of section 199 of the Code has been elaborated discussed. In that case, the apex Court held that, the bar against taking cognizance of such offence otherwise than upon a complaint is total and complete. The apex Court further declared in that case that, the police report which is submitted ...... Division (Criminal Miscellaneous Jurisdiction) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J Aftabuddin (Md.)…………………………………..Petitioner Vs. State and others………………………………….Opposite Party Judgment July 7, 2010. Res......of the Penal Code arising out of Sutrapur Police Station GD Entry No.1254 dated 24-12-2000, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to filing of this application under 561A of the (the Code) briefly......y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235...Category: Criminal Law | Date: | Hits: 79
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....alat was directed not to proceed with the auction notice." 6. Leave was also granted to consider the further submission that this Division further observed that:— "In the interest for doing complete justice in the matter we are not inclined to interfere with the impugned judgment of the Hi......ain, Advocate-on-Record—For the Appellant. Mamunur Rashid, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent No. 2. None Represented—For Respondent Nos. 1 and 3-5. Civil Appeal No.176 of 2010. (From the judgment and Order dated the 8th day of April,......ted without lawful authority in not allowing the benefit of section 47 of the Ain, 2003 to the appellant and the High Court Division failed to consider the said provisions of the Ain, 2003 in its proper perspective in the context. So, the merits of this appeal depend upon the interpretation of s......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ..Category: Civil Law | Date: | Hits: 138
....eree acquires the right to possess, and to enjoy the usufruct of such holding or portion or share shall, notwithstanding anything contained in the document relating to the transfer, be deemed to be a complete usufructuary mortgage for a period not exceeding 7 years and the provisions of sub‑sectio......acated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......ected as separate and independent transactions outright sale followed by reconveyance, they are both legal and provable in law. The option in such cases given to the vendor to have a re‑sale of the property is an undertaking by the purchaser of which the sale by the vendor form the consideration, ......
In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
..
Category: Property Law | Date: | Hits: 78
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61.......…………………………Respondent Judgment November 1, 1993. Result: The appeal is allowed. Cases Referred to- Kitab Ali Talukder Vs. State, 28 DLR 128; Ismail Vs. Abdullah and another, PLD 1963 (WP) (Karachi) 161; SM Farooque alias Syed Farooque Vs. State, 28 DLR 192; Ash......overed from accused Nurul Islam contained heroin, by that it could not be said that the packets allegedly recovered from the appellant and accused Md. Bahar also contained heroin without making their proper chemical examination separately by the expert. In that view of the matter, it is also difficu......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61...Category: Criminal Law | Date: | Hits: 81
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
....en occurred at column No.4 in the form of financial offer submitted by the 1st party and their quotation of Taka 17,42,26,000 + 10,37,538 in total Taka 17,52,58,538 is in fact for one or each unit of complete boat along with spare parts of one boat and mistake also resulted in the contract dated 18-...... ......ation agreement was under some incapacity; (ii) The arbitration agreement is not valid under the law to which the parties have subjected it; (iii) The party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise un...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ..Category: Alternative Dispute Resolution | Date: | Hits: 334
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