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Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)

....judgment and decree which cannot be sustained in the eye of law. 20. In the case of Hajarilal Mondal Vs. Md. Mozaffor Bepari reported in 8 BLC (AD) 77 wherein it has been held: "It is a settled principle of law that the lower appellate Court being final court of fact will have to discuss and r......ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ......site Parties Judgment March 9th, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Hajarilal Mondal Vs. Md. Mozaffor Bepari, 8 BLC (AD) 77. Lawyers Involved: Md. Abdul Awal with Chowdhury Nasima, Advocates — For the Petitioner. Shih..

Category: Civil Law | Date: | Hits: 48

Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)

.... but registered earlier. The criterion in such cases for the purpose of determining when the sale takes effect is not the date of registration but the date of execution of the deed itself. 18. The principle expressed in the case referred to above fully applies in the facts and circumstances of th......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ......Gouch and others…………..Opposite Parties Judgment May 22, 2006. Result: The Rule is made absolute. Case referred to- Rafiqul Islam (Md.) Vs. Mir Abdul Ali, 44 DLR (AD) 176. Lawyers Involved: Khan Saifur Rahman with Swapan Kumar Duta, Advocates-For the Petitioners. AK..

Category: Property Law | Date: | Hits: 38

Alkas Gorami Vs. State, 2006, 35 CLC (HCD)

.... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ...... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ...... 32; Abdul Aziz Vs. Sekandar Ali, 50 DLR 111; Siraj Vs. Crown, 9 DLR (FC) 177. State Vs. Khasru @ Syed Mostafa Hossain, 43 DLR (AD) 182;35 DLR 119; 44 DLR 136;Osman Gani Vs. State, 9 BLT (AD) 107. Lawyers Involved: A.K.M. Faiz, Advocate-For the Appellant.  Nikhilesh Dutta, Deputy Attor..

Category: Criminal Law | Date: | Hits: 43

Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)

....is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and neces­sary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ......is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and neces­sary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ......s Referred to- Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16; Habibur Rahman Molla Vs. State, 61 DLR 1; Abdul Kader Chowdhury, 28 DLR (AD) 28; Nazrul Islam Vs. State, 13 MLR 184. Lawyers Involved: Dr. Rafiqur Rahman with AF Hasan Ariff, Advocate - For the Accused-Petitioner.&..

Category: Procedural Law | Date: | Hits: 59

Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)

....Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......ht and Sound 47 Bijoy Nagar (2nd Floor) Dhaka 1000……………………….Petitioner Vs. 1. Bangladesh Film Development Corporation, Tejogaon Industrial Area, Dhaka 1208, Represented by its Law Officer Md. Ruhul Amin son of late Mohabbat Ali Patwari………………………..Opposite par..

Category: Criminal Law | Date: | Hits: 66

Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)

.... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ...... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ......The rule is discharged. Case Referred to- Daibakilal Vs. Iqbal Ahmed, 17 DLR 119; Hupen Majhi Vs. Abdul Khair, 25 DLR 3; Paul Reinhurt Ltd. Vs. Prime Textiles Spinning Mills Ltd., 22 BLD 41. Lawyers Involved: Abdus Samad with Bazlul Kabir, Advocate - For the Petitioners. Abdul Matin ..

Category: Property Law | Date: | Hits: 48

Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)

....or retrospective. It can be profitably said that the Code of Criminal Procedure is not a substantive law but a procedural law prescribing procedure. So far as procedural law is concerned, the general principle is that alterations in procedure are retrospective unless there are some good reason again......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ......HCD) 508; Mohammad Alam and three others Vs. The state, 19 DLR SC 242; Anat Gopal Sheorey Vs. the State of Bombay; Momen Abdul Karim Haji Tayab Vs. Deputy Custodian General, New Delhi and others. Lawyers Involved: Dewan Abdun Naser, Advocate - For the appellant. Ummea Kulsum Begum, Deputy ..

Category: Criminal Law | Date: | Hits: 77

Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)

.... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ...... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Parties Judgment May 7, 2006. Result: The Rule is discharged. Cases Referred to- AIR 1965 (SC) 1142; AIR 1971 (SC) 1283; 17 DLR (SC) 192. Lawyers Involved: Khondker Mahbub Hossain, Advocate - For the Petitioner.  Khan Saifur Ra..

Category: Criminal Law | Date: | Hits: 39

Sufi Samrat Hazrat Mahbub-e-Khuda Vs. RAJUK and others, 2007, 36 CLC (HCD)

....tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ......tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment March 15, 2007. Result: The Rule is made absolute. Case Referred to- Jamuna Builders Ltd. Vs. Rajdhani Unnayan Kartripakha, 57 DLR 762. Lawyers Involved: Abdul Wadud Bhuiyan with Syed Mokaddas Ali and Syed Golam Mostafa, Advocates - ..

Category: Property Law | Date: | Hits: 64

Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)

....hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......oner of Taxes, Taxes Zone-3, Chittagong…..Opposite Party Judgment January 10, 2012. Result: The I.T. reference succeeds. The connected Rule being No. 20(ref)/2007 is disposed off. Lawyers Involved A. J. Mohammed Ali, Advocate with Hassan M.S. Azim, Advocate with Kamal Hossain ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Metro Makers and Developers Limited and others Vs. Bangladesh Environmental Lawyers’ Association Limited (BELA) and others, 2012, 41 CLC (AD)

....e leave granting order. The State Acquisition and Tenancy Act, 1950 The aim and object of promulgating this Act is mainly in liquidation of rent receiving interests of land-lords. The main principle on which this statute was promulgated from a socialist point of view, and egalitarian outl......o focus by defining an ambitious programme of action, Agenda 21, clarified by a Declaration of 27 principles solemnly adopted on that occasion. The General Assembly held in 1990 on the Declaration on International Economic Co-operation clearly recognized that “Economic development must be environm...... Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Metro Makers and Developers Limited……Appellant (In Civil Appeal No.256 of 2009) Bangladesh Environmental Lawyers’ Association (BELA)………Appellant (In Civil Appeal No.253 of 2009) Anser Uddin Ah..

Category: Environmental Law | Date: | Hits: 434

Bangladesh Krishi Bank Vs. Government of the People's Republic of Bangladesh and Others, 2007, 36 CLC (HCD)

....is sent back to the Court below for writing out a proper order in accordance with law. Send down the lower Court's record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 242. ......is sent back to the Court below for writing out a proper order in accordance with law. Send down the lower Court's record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 242. ......…Petitioner Vs. The Government of the People's Republic of Bangladesh and Others…………………Respondents Judgment September 26, 2007. Result: The rule is made absolute. Lawyers Involved: Kazi Siddiqur Rahman, Advocate - For the petitioner. No one appears - For th..

Category: Civil Law | Date: | Hits: 74

Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)

.... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ......bail). Vs. The State, represented by the Deputy Commissioner, Cox's Bazar...................Opposite party. Judgment August, 19, 2009. Result: The Rule is made absolute in part. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the petitioner. SK. A.K.M. Moniruzza..

Category: Criminal Law | Date: | Hits: 62

Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)

....Court and obtained the present Rule. 7. Mr. A. Y. Ahmed Ali, the learned Advocate appearing for the petitioners submits that the trial Court as well as the appellate Court overlooking the cardinal principle of Hindu Law which are universally applicable that a Hindu Widow without legal necessity c......e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ...... Cases Referred to- Nowsha Miah Vs. Md. Idris Ali,10 DLR 441; Shrashi Bala Sarker and others Vs. Patani Sundari Dassaya and another, 3 MLR (AD) 108; Saraju Bala Vs. Lal Bihari Mitra, 6 DLR 225. Lawyers Involved: A.Y. Ahmed Ali, Advocate-For the petitioners. Md. Serajur Rahman, Advocate-F..

Category: Property Law | Date: | Hits: 57

Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)

....h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ......h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ......ng deed his hears: 1(a) Md. Afjal Hossain and others……………………………………………..Opposite Parties Judgment October 19, 2006. Result: The Rule is made absolute. Lawyers Involved: Shah Md. Khasruzzaman with Rashma Sultana-For the Petitioner.  Mahbubey..

Category: Property Law | Date: | Hits: 56

Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)

....re the Court can proceed to give a Judgment under Order LX, rule 13 if a party satisfies a Court that summons were not duly served upon him, the Court is bound to set aside an ex parte decree. The principle laid down in the Judicial authority is equally applicable in a suit for setting aside an o......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ...... 3; Osir Uddin Mandal Vs. Azizar Rahman, 39 DLR 403; Ratan Chandra Karmaker Vs. Afsar Ali, 40 DLR 147; Nur Ahmed Vs. Moktar Ahmed, 41 DLR 84; Makhan Das Vs. Manu Lal and another and Kallu Das, Indian Law Report Allahabad, 556; Bhomshetti Jinappashetti Vs. Uma Bhai, Indian Law Report Bombay 223; Dhar..

Category: Property Law | Date: | Hits: 64

Nawabgonj Central Co-operative Bank Ltd. Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ......down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ...... Socie­ties are not the end-users of the Bank loans. After getting fund from banks, they use the fund for their members re-lending on commer­cial basis.......................................(14) Lawyers Involved: M. A. Jalil, Advocate - For the Petitioner.  No one appears - For Respo..

Category: Civil Law | Date: | Hits: 70

Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)

.... the Judges of the Supreme Court of Bangladesh, increased. They were also urged to take steps as per the report. 8. On 4.6.2009 the Secretary Ministry of Law, Justice and Parliamentary Affairs, on principle, endorsed the proposed sums and transmitted the same to the Ministry of Finance for their ......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......ularly Known as GCHQ Case (1985 AC 374); Padfield Vs. Minister of Agriculture and Fisheries and Food (1968 AC 997); Breen Vs. Amalgamated Engineering Union (1971 2 QB 175); Packer Vs. Packer 1954. Lawyers Involved: Manzill Murshid, Advocate-For the Petitioners. A. B. M. Altaf Hossain, Deput..

Category: Constitutional Law | Date: | Hits: 413

Topesh Narayan Saha and others Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

.... the parties can be reappraised in a proceeding under rule 42A of the Tenancy Rules. We are also unable to accept the contentions of Mr. Moinuddin that the writ petitioners’ appeals were hit by the principle of res judicata or that in obtaining orders in the appeals, they had committed fraud upon ......clared to have been passed without lawful authority and is of no legal effect. Communicate a copy of the judgment. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ...............Respondents (In both the writ petitions) Judgment November 5, 2012. Result: Both the Rules are made absolute. Cases Referred to- 14 MLR (AD) 401, para-8; 11MLR (HC) 256. Lawyers Involved: Mrs. Nahid Yesmin, Advocate-For the petitioners. Moinuddin with Mrs. Anjuman..

Category: Property Law | Date: | Hits: 65

Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)

....t of Sonali Bank employee is contained in regulation 11(3) of the Sonali Bank Service Regulation and the manner of termination of temporary employment is contained in Regulation No.13. In view of the principle as laid down in the decision referred to ­above and in view of clear provisions as contai...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ......another Vs. Sudhansu Bikash Nath, 1988 BLD (AD) 66; Rupali Bank Ltd. and others Vs. Tafazal Hossain and others, 44 DLR (AD) 260; Manager, Personal Division Vs. Sazahan Miah and others, 35 DLR 224. Lawyers Involved: ABM Khairul Hoque, Advocate ‑ For the Petitioners. Md. Amir Hossain, Advo..

Category: Labour and Industrial Law | Date: | Hits: 137