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

....ever, without any order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 289. ......nal on conclusion of the trial of the Election Case. But there is no scope to prefer any appeal against any interlocutory order passed by the Election Tribunal…………………………..(12) Lawyers Involved: Md. Fazlur Rahman, Advocate - For the Petitioner. Riaz Uddin Khan, Advocate ..

Category: Election Law | Date: | Hits: 600

Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)

....to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......pplication for execution of the decree, the order of the court for issuing certificate of transfer the mortgaged property for realizing the decretal dues will be patently unlawful………….(7) Lawyers Involved: Rafiqul Islam Mehedi, Advocate - For the petitioner. Idris Khan, Advocate - ..

Category: Civil Law | Date: | Hits: 174

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. ......wed to adduce evidence after delivery of the judgment and decree passed by the trial Court inasmuch as that will give him an indulgence to fill up the lacuna..…………………..(14 & 16) Lawyers Involved: S.N. Goswami, Advocate with Afsana Begum, Advocate - For the petitioners. No..

Category: Procedural Law | Date: | Hits: 99

Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)

.... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......d. Jamaluddin and others Vs. the State, 14 BLD (HC) 94; Hatesingh Bhagost Shingh Vs. State of Modhya Bharat, AIR 1953 (SC) 468; Shamer Bala Changule Vs. The State of Maharastra, AIR 1976 (SC) 557. Lawyers Involved: S. N. Goswami - For the Appellants.  Mrs. Umme Kulsum Begum, Deputy Att..

Category: Criminal Law | Date: | Hits: 84

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. ......¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment February 11, 2009. Result: The appeal is allowed. Cases Referred to- 9 BLC (2004) 218; 11 BLC (2006) 83; 5 BLC (2000) 579; BCR 1990 (HCD) 194. Lawyers Involved: Md. Ohiullah, Advocate - For the appellant.  Momtazuddin Ahmed with Ms...

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. ......…………….(47) Case Referred to- Nurul Islam Vs. State, 1988 BLD 106; SM Kamal Vs. State, 6 BLC 113; Starland Vs. Director of Public Prosecution, 1944 AC 315(1994) = 2 All ER 13 (HL). Lawyers Involved Md. Ismail with Shihab Uddin Mahmud, Advocates — For the Appellant. Umme Ku..

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. ......n cannot deny or refuse to exercise its jurisdiction under Article 102 of the Constitution to strike down such unauthorized exercise of statutory power........................................(15) Lawyers Involved: Mahmudul Islam with Md. Mizanul Haque Chowdhury, Advocates — For the Petition..

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)

....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ......ociety, should not be interfered with by a Court of law. An act of State and an act of executive of State are not the same. A decision of the State may not be permitted to be challenged in a Court of Law but the implementation of such decision by the executive authority of the State without due dili..

Category: Others | Date: | Hits: 113

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

....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. ...... Film Exchange, AIR 1960 SC 980; Essential Industries Vs. Central Board of Revenue, (1969) 21 DLR (WP) 36; Md. Jamaluddin Vs. Income Tax Tribunal, Chittagong Branch, Chittagong, (1997) 49 DLR 279. Lawyers Involved: Ms. Nahid Kabir with Md., Asaduzzaman with Md. Matiur Rahman - For the petition..

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. ......for early disposal of the Execution Case without any fault on their part……………………………..(20) Case Referred to- Khurshed Alam Vs. Judge of the Artha Rin Adalat, 12 BLC 592. Lawyers Involved: Kamalul Alam, Advocate - For the petitioner. Md. Faruk Hossain, Advocate - F..

Category: Civil Law | Date: | Hits: 136

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

....mits that the plaintiff is a casual employee and got temporary appointment to the post of regulator Khalashi, a labour, under the defendants and his grievance can only be adjudicated by the competent Labour Court and not by a Civil Court and as such the suit is liable to be dismissed. He next submit......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.(13) Cases Referred to- 30 DLR 219; 40 DLR (AD) 45; 50 DLR (HC) 411; 40 DLR (HC) 226; 37 DLR 49; 42 DLR 211; 43 DLR 407; 45 DLR 727; 11 MLR (HC) 99; 12 MLR (AD) 207. Lawyers Involved: Md. Joynal Abedin, Advocate - For the petitioners. Md. Khalilur Rahman, Advo..

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. ......Barman and others, 43 DLR (AD) 215; Khurshid Ali and others Vs. Noorjahan Bewa and others, 15 BLD (AD) 82; Hazari Bala Saha and others Vs. Niron alias Niranjan Mondal and others, 17 BLD (AD) 295. Lawyers Involved: Md. Reza-E-Morshed Kamal with Mofazzal Hossain, Md. Borhan Uddin, Advocate - Fo..

Category: Civil Law | Date: | Hits: 94

Mrs. Rokeya Begum Vs. Chartered Credit Co­operative Ltd., 2009, 38 CLC (HCD)

....itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......shonoured cheques…………………………(25) Cases Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44. Lawyers Involved: M. Sayed Ahmed - For the Petitioner.  Muhammad Mofazzal Hossain - For t..

Category: Criminal Law | Date: | Hits: 70

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

.... in the meantime, if so advised. The applications for addition of party filed by the different applicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ......ladesh and others Vs. Government of Bangladesh, (2009) 17 BLT (AD) 455; Rural Litigation and Entitlement Kendra Vs. UP and Others, AIR 1985 SC 652; M.C. Mehta VS. Union of India, AIR 1997 SC 734. Lawyers Involved: Rafique-ul Huq, Abdul Basel Majumder, Mahmudul Islam, Rokanuddin Mahmud - For t..

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. ......gment January 7, 2010. Result: The Rule is disposed of with the modification of the sentence. Case Referred to- Jahangir Alam (Mohammad) alias Jakir Vs. The State, 56 DLR (AD) 217. Lawyers Involved: S.M. Abdur Rouf, Advocate - For the petitioner. Md. Ensan uddin Sheikh, Ass..

Category: Criminal Law | Date: | Hits: 81

State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)

....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be com­municated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......istry Vs. State, 5 BLD (AD) 301; State Vs. Ful Mia, 5 BLC (AD) 41; Sirajuddin Vs. State, AIR (38) 1951 Allahabad 834; Md. Abdul Ali Vs. State, 20 BLD 327 = 6 BLC; State Vs. Mofizuddin, 24 BLD 481. Lawyers Involved: MA Mannan Mohon, Deputy Attorney-General with Mahabub-ul-Alam, Assistant Attorn..

Category: Criminal Law | Date: | Hits: 158

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

....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ...... and ADC (Rev), 1983 BCR 225; Md. Ashraf Ali Vs. Fatique Chandra Sana, 1983 BLD (AD) 315; Fazar Ali Tendal Vs. Fazal Miah, 12 BLD (AD) 203; Nagendra Chandra Sarker Vs. Aftabuddin, 15 BLD (AD) 135. Lawyers Involved: AJ Mohammad Ali Advocate - For the Appellant No.K (In First Appeal No.99 of 199..

Category: Property Law | Date: | Hits: 83

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

....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. ...... Court Division to exercise its inherent power in a proper case and direct trial notwithstan­ding the provisions as to conclusion of trial within a specified time…………………………(5) Lawyers Involved Mahbubur Rahman, with Sharifuddin Chaklader - For the Petitioner.  Abdul..

Category: Procedural Law | Date: | Hits: 102

Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)

....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......anuary 28, 2003. Result: The Criminal Appeal No.966 of 1993 is allowed. Cases Referred to- State Vs. Lalu Mia, 39 DLR (AD) 117; Sk Shamsur Rahman @ Shamsu Vs. State, 1990 BLD (AD) 251. Lawyers Involved: Kazi Shahadat Hossain, with ASM Ahsan Kabir Chowdhury, Advocates-For the Appell..

Category: Criminal Law | Date: | Hits: 93

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

....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ...... Cases Referred to- Oriental Bank Corporation Vs. Henry B Wright, Appeal Cases Vol. V Privy Council 842; Megh Raj Vs. Rupchand Uttam Chand through Diwan Chand, AIR 1946 Lahore (FB) 280, 281; Lawyers Involved: Dr. Kamal Hossain with Salahuddin Ahmed, Ramjan Ali Sikder and Tanjib‑ul Alam..

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