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Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......hy the Notice No.31/06 dated 11.7.2006 (Annexure C) issued by the respondent No.2 under section 202(1)(b)(c) (d)(e) and (f) of the Customs Act, 1969 should not be declared to have been issued without lawful authority and is of no legal effect and why the respondents should not be directed to refund ..Category: Fiscal/Taxation Law | Date: | Hits: 174
Salam Mollick (Md.) Vs. State, 1996, 25 CLC (HCD)
.... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ......al of the record it has come to our notice that accused Nos.1‑9 are the residents of Jessore Town and of these accused, accused No.3 Amena Begum and accused No.9 Taslima Begum are the mother‑in‑law and sister‑in‑law respectively of the complainant. It further appears that the case is pendi..Category: Procedural Law | Date: | Hits: 120
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ......e naraji petition and as to any points on which he is silent, or on which there may be doubt. If he finds that there is no prima facie reason to distrust and the facts constitute an offence under the law, it would be incumbent on the part of the learned Magistrate to issue process………………â..Category: Criminal Law | Date: | Hits: 138
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
.... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......ting was shown to the plaintiff through the peon of the college but she refused to receive the said notice and refused to put signature on the notice book. The decision dated 29.9.2003 was taken very lawfully. The defendant Nos.2-4 being members of the ad-hoc Committee and the defendant No.1 being t..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......der the Notification being SRO No.240. Before the petitioner could finalize the transfer documents after payment of the duty and taxes and other charges as per provision of the said notification, the law enforcing agency out of misconception of law and facts arrested him and implicated him in the ab..Category: Fiscal/Taxation Law | Date: | Hits: 246
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
....udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ...... 35 of the Constitution which provides that an accused of a criminal offence shall have the right of a speedy trial. Speedy trial also has been incorporated in Criminal Procedure Code i.e. the mother law, under section 339C. If section 339C of the Code of Criminal Procedure be strictly followed, the..Category: Procedural Law | Date: | Hits: 84
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ...... on 6-5- 2001 when the vessel was arrested in Singapore and on 23-5-2001 when the US$ 1 million was furnished and finally on 10-10-2001 when the order dated 10- 9-2001 was served upon the plaintiff's lawyers in Singapore. 7. The defendant Nos. 1-4 entered appearance in the suit and filed a writte..Category: Limitation Law | Date: | Hits: 174
Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)
....ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......etition No.689 of 1998. Judgment Qazi Shartuddin J.- These two Rules one being Writ Petition No.614 of 1998 and the other being Writ Petition No.689 of 1998 having involved the same question of law and facts and the same Proggapan or notice dated 15‑2‑1998 having been challenged these two ..Category: Employment/Service Law | Date: | Hits: 100
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ...... Case No. 658 of 2005 arising out of judgment and decree dated 3-3-2005 passed by the Artha Rin Adalat No.1, Dhaka in Artha Rin Suit No. 914 of 2004 should not be declared to have been passed without lawful authority and is of no legal effect. 2. Material facts leading to this Rule are that the r..Category: Civil Law | Date: | Hits: 170
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
....is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......hinghapur, Police Station - Ashulia, formerly Savar, Dhaka as requested by the demand of justice notice dated 12-7-2007 (Annexure-A) shall not be declared to be void and to have been made without any law full authority and is of no legal effect. 2. Facts relevant for the disposal of the Rule, in ..Category: Property Law | Date: | Hits: 107
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......ontending, inter alia, that the petitioner was supplied with a copy of the report of the Inquiry Committee and the dismissal order dated 5.6.1996 was passed after observing all the formalities of the law for the purpose. The Respondents havÂing no Service Rules of their own they usually follow and ..Category: Labour and Industrial Law | Date: | Hits: 2706
Abbas Ali and others Vs. Sharif Hossain Chowdhury and othÂers, 2010, 39 CLC (HCD)
....cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......arriving at the finding in respect of Ka schedÂule land, there was no material in the hand of the learned Judge. Mr. Khan elaborately subÂmits that, Court can infer anything which is permissible in law but Court can not brought into existence any subject which has no exisÂtence. Learned Advocate,..Category: Property Law | Date: | Hits: 80
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......ll substantive evidence and it may be used only for corroborating a witness………………(44) Unusual delay cannot be caused in the matter of noting down statement of a witness and mandate of law demands immediate recording of statements when memory of witness remains fresh as human memory i..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......d sub-sections to give effect with the supposed intenÂtion of the legislature. The Court has also no jurisÂdiction to assume delegated legislative function and if the meaning of the words used in a law or Rule is clear, the Court cannot re-arrange the words to conÂvey a meaning which the legislat..Category: Criminal Law | Date: | Hits: 84
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ...... a thing or an institution in which it inheres. This rule has its source in the maxim "Quado lex aliquid alicut concedit, concoders videturid sine quo ipsa esse non potest" which means that "when the law gives anything to anyone it gives also all those things without which the thing itself could not..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
.... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds imÂmediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......; 467 Decision on the basis of the Materials on Record When there is contradiction in between the docuÂmentary and oral evidence which was not considered by the Courts below in accordance with law, and the High Court Division has got jurisdiction to interfere in the matter for such non-consid..Category: Procedural Law | Date: | Hits: 111
AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
.... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ......When there is a specific case against the detenue and the same is the subject matter of the detention order, he shall be released…………………(5) Whether in a speÂcific case where general law of the land has taken care of an offender as per law of the land, can this provision of preventi..Category: Criminal Law | Date: | Hits: 66
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......tiguity in between the land owned by the pre-emptor and the transferred land. But both the Courts below without considering the same passed the impugned judgment and order thereby committing error of law in the decision occasioning failure of justice. 10. The learned Advocate Mr. Haroon-or-Rashid..Category: Property Law | Date: | Hits: 88
.... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
......n, upon an application respondent No. 2, the Settlement Officer under Rule 42 of said Rules set aside the appellate order and asked the Appeal Officer to hear and dispose of the appeals afresh as per law and rules. Accordingly, the appeal were heard and allowed.
20. The present Rule was obtained ..
Category: Property Law | Date: | Hits: 120
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ...... Nos.1211 of 2000 and 1296 of 2000 are dismissed. The Criminal Appeal No.1281 of 2000 is allowed. The Penal Code, 1860 (Act No. XLV of 1860); sections 34, 144 It is an accepted principle of law that common intention can even be formed on the spot and a person can be killed without any preâ..Category: Criminal Law | Date: | Hits: 110
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