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Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......who gave the recovered money. 21. P.W.6, Md. Khalilur Rahman, Constable No.323, ACC stated in his deposition that on 27-10-2008 while he was working as Constable in the Office of Barisal, ACC some papers and documents were seized by Deputy Director of Dudak namely MH Rahmat Ullah and he put his s......s Case is also Reported in: 63 DLR (HD) (2011) 294.......e recovered money. 21. P.W.6, Md. Khalilur Rahman, Constable No.323, ACC stated in his deposition that on 27-10-2008 while he was working as Constable in the Office of Barisal, ACC some papers and documents were seized by Deputy Director of Dudak namely MH Rahmat Ullah and he put his signature in..Category: Criminal Law | Date: | Hits: 142
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....of ETV by changing the report of the Evaluation Committee and no papers relating to the deliberation of the Committee for such change were filed before the court in that case, but in the instant case relevant papers were filed including the minutes of the meeting and the deliberations of the Board o......resent case as the facts are distinguishable. He has pointed out that in ETV’s case no reason could be shown for accepting the offer of ETV by changing the report of the Evaluation Committee and no papers relating to the deliberation of the Committee for such change were filed before the court in ......h Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Salma Masud Chowdhury J Global Access Ltd..................................Petitioner Vs. Bangladesh and others…………….……………..Respondents Judgment January 25, 2003. Result: ......e disregard of the opinion given by the three members of the Technical Committee the respondent No.7 decided to open all financial bids in violation of the terms and conditions of the impugned tender documents. The respondent No.7 then issued a work order on 22‑9‑2002 unlawfully awarding the con..Category: Others | Date: | Hits: 174
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
....ealt with the procedure of institution of suit and Order V of the Code has dealt with issue and service of summons. In answer to point raised by the learned Advocate, I feel it necessary to quote the relevant rules of the two Orders of the Code, namely, rule (1b) of Order IV and rule 2 of Order V. R...... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ......are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ...... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ..Category: Procedural Law | Date: | Hits: 100
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
....thout lawful authority. 9. We have heard the learned Advocate of the petitioner; the learned Assistant General perused the writ petition, affidavit-in-opposition, the impugned seizure list and the relevant documents. 10. Admittedly the goods were seized from the Bagachara bazar area on 24-1-20...... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......rt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Insab Ali (Md.)……………………Petitioner Vs. Magistrate (Abu Zafar) Jessore and others……………………Respondents Judgment August 10, 2010. Result: The Rule......ful authority. 9. We have heard the learned Advocate of the petitioner; the learned Assistant General perused the writ petition, affidavit-in-opposition, the impugned seizure list and the relevant documents. 10. Admittedly the goods were seized from the Bagachara bazar area on 24-1-2007 and ac..Category: Criminal Law | Date: | Hits: 94
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....Court below is based on legal evidence or not. Before to discuss the merits and demerits of the impugned order we would like to narrate the facts of the case, in brief, though these are not that much relevant for the disposal of the Rule. 10. Saleha Khatun, mother of the petitioner, took loan o...... distinguishable with that of the present one. On the present case the tender was initially invited by the Court from the intending bidders for selling the schedule property in auction through news-papers but no bidder participated in the bid. 19. Thereafter, at the instance of the decree-hol......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Abdul Awal J FRM Nazmul Ahasan J Salma Begum……………………Petitioner Vs. Sonali Bank Limited and others………………………Opposite-Parties Judgment August 19, 2010. Result: ......1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ..Category: Civil Law | Date: | Hits: 229
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....now pending in the Court of the Metropolitan Sessions Judge, Chittagong should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of the Rule may be briefly stated as follows: The complainan...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279.......rt Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Shahnaj Begum Munni……………………Petitioner Vs. State and another……………………Opposite-parties Judgment May 12, 2011. Result: The R...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279...Category: Criminal Law | Date: | Hits: 120
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....f 25 years of service, but in that case the Government must form an opinion as to the public interest in removing the incumbent which must be reflected in the note-sheet of the official record of the relevant public servant. 15. In Writ Petition No.7705 of 2006 with Writ Petition No.7706 of 2006 ......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......igh Court Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Moinul Islam Chowdhury J AKM Mazharul Haq Chowdhury……………………Petitioner Vs. Bangladesh and others……………………Respondents Judgment February 10, 2010. Result: The R......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ..Category: Employment/Service Law | Date: | Hits: 157
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
....itioner is engaged in the business of producing cotton of different counts and part of them are exported and the remaining are sold in the local market. The petitioner is duly registered with the relevant VAT Circle and has been paying VAT on the amount of productions that are being sold in th......ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272....... Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272.......titioner to make payment of Taka 10,90,585 with an allegation that upon review of the Account Register, Sale/Purchase Register and the Declaration on the production-raw material consumption and other documents for the year 2003-2004 audited by the local and Revenue Account Audit Department, Dhaka an..Category: Fiscal/Taxation Law | Date: | Hits: 196
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288.......he list of abandoned houses but in vain. Thereafter, the petitioners had filed the aforesaid ease before the Court of Settlement and withdrew their title suit. The petitioners filed all the connected papers before the Court of Settlement and asserted their claim by stating the facts as stated above.......s also Reported in: 44 DLR (HCD) (1992) 288.......das and subsequently. Mr. Aftabuddin, Deputy Secretary of the Ministry of Works treated the said property as abandoned property although the mother of the petitioners showed her title deeds and other documents in respect of the said property. After being evicted from the said house, the petitioners ..Category: Property Law | Date: | Hits: 90
Dr. Sultan Ahmed Vs. AKM Fazlur Rahman and others, 1989, 18 CLC (HCD)
.... the court below are hereby affirmed. Order of stay passed by this Court earlier is vacated. Send down the LC records immediately. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 281. ...... the court below are hereby affirmed. Order of stay passed by this Court earlier is vacated. Send down the LC records immediately. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 281. ......DLR (HCD) (1992) 281. ......aimed right and title over the suit premises, the present SCC suit is not maintainable. The learned SCC Judge has considered this aspect in detail. It appears that the plaintiffs produced a number of documents with regard to their title and possession of the suit property which have been marked as e..Category: Property Law | Date: | Hits: 108
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....tion to the Govt. to restore him back the property. He at first made his representation on 1.2.1979 and thereafter on 25.10.1983 for release of the property, but the then Govt. directed him to submit relevant papers in support of his claim. The petitioner on 25.8.1984 submitted all his relevant pape......he Govt. to restore him back the property. He at first made his representation on 1.2.1979 and thereafter on 25.10.1983 for release of the property, but the then Govt. directed him to submit relevant papers in support of his claim. The petitioner on 25.8.1984 submitted all his relevant papers and do...... (Special Original Jurisdiction) Present: Quazi Shafiuddin J Mainur Reza Chowdhury J Abdul Khaleque....................... Petitioner. Vs. The Court of Settlement and others ……………………..Respondents. Judgment October 22, 1991. Resul......reafter on 25.10.1983 for release of the property, but the then Govt. directed him to submit relevant papers in support of his claim. The petitioner on 25.8.1984 submitted all his relevant papers and documents in response to memo. dated 2.9.1984 Annexure F. Again he was directed to submit all the pa..Category: Property Law | Date: | Hits: 90
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....osite party was called upon to show cause as to why the proceedings of Mirpur PS Case No.41 dated 15-1-96 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed. 2. The relevant facts are as follows: The accused petitioner Abdul Kabir was served with a notice by th......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......4 of the Anti-Corruption Act, 1957. In reply to the notice he submitted a statement before the authority about the matter. On inquiry, the Bureau of Anti-Corruption found that the statement was false and also found that the accused had property worth Taka 1,03,35,948 disproportionate to his known so......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
.... against the accused; (3) Where the discretion exercised by the Magistrate in issuing process is capricious and arbitrary having been based either on no evidence or on materials which are wholly irrelevant or inadmissible; and (4) Where the complaint suffers from fundamental legal defects, suc......r. 4. The accused-petitioner on 31-7-96 surrendered in the Court of Metropolitan Magistrate and on bail. 5. The learned Metropolitan Magistrate after hearing both the parties and perusal of all papers framed charge against the accused petitioner under sections 406 and 420 of the Penal Code and......vision (Criminal Miscellaneous Jurisdiction) Present: Kazi Ebadul Hoque J AK Badrul Huq J Rustom Ali (Md.) Matubbar alias Alam………………Petitioner Vs. Mohammad Salahuddin and another………………Opposite Parties Judgment March 2, 1998. Result: The Rule i......de of Criminal Procedure. Section 241A of the Code enjoins that when the accused appears or is brought before the Magistrate and if the Magistrate upon consideration of the record of the case and the documents submitted therewith and making such examination, if any, of the accused and alter giving t..Category: Criminal Law | Date: | Hits: 112
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
....by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......is Division and obtained the present Rule. 7. Dr. M Zahir, the learned Senior Counsel appearing on behalf of the petitioner after taking us with the petition, impugned orders and other necessary papers annexed with the petition mainly submits that section 18 of the VAT Act does not require th......ourt Division (Special original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J MJL Bangladesh Ltd………….........Petitioner Vs. Commissioner, Customs Excise and VAT and others................Respondents Judgment July 25, 2010. Result: The Rule i......by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... identification of the assailants, particularly accused-Shahjahan and Hossain, how far is believable. In the instant case P.W. 1, Jharu Miah, uncle of the deceased, who was aged about 70 years at the relevant time lodged the First Information Report with the police station without mentioning any nam...... 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....... 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)
.... hearing both the sides in details and considering the facts and circumstances dismissed that appeal making elaborate discussion. The High Court Division, during hearing of the appeal, called for the relevant volume containing the original printed copy of the CS Khatian No.4300 'Ja' from the office ......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...... appellant has drawn our attention to 2 sentences of this judgment of this Division which are thus "the defendants contended that the plot actually measured 0.0090 acre..............." and "all these documents consistently prove that the total area of the plot was 0.0090 acre....................” ..Category: Procedural Law | Date: | Hits: 108
....able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs.
Send down the LC records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 271.......able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs.
Send down the LC records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 271.......ported in: 50 DLR (HCD) (1998) 271.......e suit property for quite a long period by using the same as their homestead and by planting bamboo clumps and other valuable trees thereon. The defendants recently created some forged and fabricated documents for laying false claim upon the suit property for illegally grabbing the same and in pursu..
Category: Property Law | Date: | Hits: 86
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....acter of a transaction challenged as benami, the vital test is the source of the consideration. It is essentially a question of fact. We may add that apart from the source of the consideration, other relevant elements are the position including the relation of the parties, the subsequent conduct of ...... In his evidence D.W.1 clearly mentions that for the property of Schedule ‘B’, the application for allotment of a plot at Gulshan, the letter of allotment and delivery of possession and all other papers are exclusively in his name and he claims sole ownership of this property. In cross-examinati.......)……………………Appellant Vs. Dr. Naimur Rahman………………………Respondent Judgment February 12, 1998. Result: The appeal is dismissed. Lawyers Involved: Khandakar Mahabubuddin Ahmed with SR Khorshnabish, M Hasan, Advocates - For the Appellant. Habibul ......the two houses. 4. At the time of trial the plaintiff examined himself as the sole witness on his behalf and defendant No.1 also examined himself as the only witness on his side. A large number of documents were admitted into evidence. The trial Court found the share of the plaintiff in the prope..Category: Property Law | Date: | Hits: 109
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....cial and thus it is liable to be declared to have been done without lawful authority and is of no legal effect. He further submits that the Customs Authority has also started a Seizure Case under the relevant provisions of the Customs Act, 1969 which must be disposed of in accordance with law and a ......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:......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....the matter, Exhibit 7 confessional statement cannot be held voluntary rather it is inadmissible being hit by section 24 of the Evidence Act. In this connection Mr. Tabarak Hussain has referred to the relevant decision held in the case of Md. Ramzan Vs. the State, PLD 1961 (P.W.) Lahore 167 which we ......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. ......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......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
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