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Bangladesh Forest Industries Development Corporation and others Vs. Sheikh Abdul Jabbar, 2002, 31 CLC (HCD)

....th civil disputes by the Deputy Commissioner in the Chittagong Hill Tracts. No power has been invested to the Deputy Commissioner to decide civil rights of the parties on taking evidence. A person or persons to constitute a ‘Court’ who must be entrusted with judicial functions of deciding litiga......ainable. For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 488. ......rder as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 488. ......ainable. For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 488. ..

Category: Civil Law | Date: | Hits: 89

Nizam Hazari Vs. State, 2001, 30 CLC (HCD)

....ontentions are devoid of any substance and those stand ruled out. 14. The third branch of contention pressed into service from the side of convict-appellant now demands examination and answer. Two persons Md. Abdul Khaleque and Shafiqur Rahman as public witnesses signed on seizure list and these ......rt as a rule of prudence and caution and in order to exclude every possibility of inducement of an innocent person in the case by prosecution along with guilty person always look for corroboration of interested testimony in the case with some other independent circumstances in the case to create pro......t Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ..

Category: Criminal Law | Date: | Hits: 58

Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)

....r after taking tiffin at his house in the evening were going towards Kandirpar by a rickshaw and while they reached near Shital Bhandar, they were suddenly attacked by the appellant and other accused persons who were armed with knives and lathis. Mithu also said that the appellant Milon and the accu......at “The principle laid down in the said case along with the provision of section 114(g) of the Evidence Act is applicable in the present case where the prosecution suffers for non-examination of disinterested and independent witnesses as though the occurrence is alleged to have taken place in the ......lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ..

Category: Criminal Law | Date: | Hits: 35

State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)

.... about 11-00 PM on 27-10-93 by a motorcycle. 2. When they reached near Emergency Department of the Medical College Hospital accused Shamim, Nahid, Yousuf, Ratan, Bipul, Royel, Lamu and 3/4 unknown persons being armed with daggers encircled the deceased and his companions in order to kill the dece......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......und not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439...

Category: Criminal Law | Date: | Hits: 50

Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)

....on filed by them. 3. The prosecution case, in short, inter alia, is that the informant opposite party No.2 Kabir Ahmed lodged a first information report with Satkania Police Station implicating 32 persons including the present petitioners alleging that on 7-7-99 they forming an unlawful assembly ......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......action of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ..

Category: Criminal Law | Date: | Hits: 43

Sagorika and Co. (Pvt.) Ltd. Vs. Commissioner of Taxes, Intelligence and Investigation Zone, 1999, 28 CLC (HCD)

....e Deputy Commissioner of Taxes going beyond the accounts of the applicant added Taka 3,00,000 to the net income of the applicant as receipts of commission at the rate of Taka 15,000 per person for 20 persons and thus computed the total income of the applicant at Taka 2,94,884 against net loss of Tak......ered in the negative, and against the Revenue. Accordingly, the reference is answered in the negative. There will be no order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 484.......dingly, the reference is answered in the negative. There will be no order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 484.......ered in the negative, and against the Revenue. Accordingly, the reference is answered in the negative. There will be no order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 484...

Category: Fiscal/Taxation Law | Date: | Hits: 101

Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)

....s Chairman, the same Pourashava was not informed about it after lapse of more than a month on 6-5-98. The respondent No.4 after making delimitation of 9 Wards from 3 Wards served notices upon various persons including the Chairman, Choumuhani Pourashava who received the same on 14-4-98. The chairman...... taken into consideration by the respondent No.2. The respondent No.2 without making any publicity and without hearing the Commissioners and Chairman of the Lalmohan Pourashava at the instance of the interested quarters sent his delimitation reports to the Ministry for its approval. The Ministry did......der as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ......Pourashava area with description, the boundary of the existing Wards with description, name of different mouzas and number of voters in those mouzas and statements regarding roads, bridges, culverts, educational institutions, Pourashava office, Thana complex, police station, and other important plac..

Category: Election Law | Date: | Hits: 97

A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....e said land to a bank and took loan. Out of 22 floors, 16 floors with the foundation for the sanctioned 22-storied building was completed. Up to ten floors were either sold or leased out to different persons, of them, some are foreign companies, banks and financial institutions. Many of the transfer......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......ing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ..

Category: Property Law | Date: | Hits: 125

Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)

....r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......claimed to have heard the victim telling that her mother‑in‑law poured acid over her body and her husband did not prevent her mother. There is no evidence on record that any of them was biased or interested against any of the condemned prisoners. Mr. Awal rightly argued that there is no reason t......to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ..

Category: Criminal Law | Date: | Hits: 49

Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)

....d deed in question. 5. The Magistrate on consideration of evidence on record found the accused guilty and accordingly, convicted and sentenced them as aforesaid. 6. Being aggrieved, the accused persons preferred above noted Criminal Appeal which was dismissed. Thereafter, the accuseds moved th...... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ......of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ...... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ..

Category: Criminal Law | Date: | Hits: 129

Mrs. Aruna Sen Vs. Govt. of the Peo­ple's Republic of Bangladesh and others, 1974, 3 CLC (HCD)

.... 171 and Lord Hewart, CJ in Rex Vs. Legislative Committee of the Church Assembly (1928) 1 KB 411, that to enable a superior Court in intervene by a writ of certiorari it was not enough that a body of persons should be charged with a legal autho­rity to determine questions affecting the rights of th......this case in­volves substantial question as to the interpreta­tion of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......erpreta­tion of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......this case in­volves substantial question as to the interpreta­tion of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ..

Category: Constitutional Law | Date: | Hits: 291

MA Bari and others Vs. Uttara Sarkari Officers Quarter Kallayan Samity and others, 2003, 32 CLC (HCD)

....sought the intervention of the High Court to declare Rule 3(1) of 1973 Rules and Rule 3(b) of 1980 Rules ultra vires, so far they made applicable the benefit of those Rules to only specified class of persons and restricted to others who were similarly situated. As such, respondent was not required t...... of the review petitioners the same is set aside on review. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 289. ......iew. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 289. ...... of the review petitioners the same is set aside on review. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 289. ..

Category: Others | Date: | Hits: 119

Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)

....ing hue and cry informant went to the said ‘chapra ghor’ with Sukur, Alamgir and others and saw his brother Saha Alam and brother’s son Jahirul Hoque lying there with bleeding injuries on their persons. They were taken to Muladi Hospital by boat. But before any treatment by doctor of the hospi...... Sarder and Bashir Sarder @ Bashar accordingly, 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 (2003) 273. ...... 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 (2003) 273. ...... Sarder and Bashir Sarder @ Bashar accordingly, 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 (2003) 273. ..

Category: Criminal Law | Date: | Hits: 42

A Rouf and others Vs. State and another, 1999, 28 CLC (HCD)

....titioner refused to marry her. There was salish on the mater. The petitioner No.1 according to decision of salish married the complainant on 13-5-93 and when the child in the womb grew up the accused persons committed miscarriage on 19-5-93. 3. Thereafter, the opposite party No.2 on 19-5-93 filed......order of the Sessions Judge that the Magistrate shall dispose of case in accordance with law is upheld. Accordingly this Rule is disposed of. Ed. This Case is also Reported in: 52 DLR (2000) 395....... shall dispose of case in accordance with law is upheld. Accordingly this Rule is disposed of. Ed. This Case is also Reported in: 52 DLR (2000) 395.......order of the Sessions Judge that the Magistrate shall dispose of case in accordance with law is upheld. Accordingly this Rule is disposed of. Ed. This Case is also Reported in: 52 DLR (2000) 395...

Category: Criminal Law | Date: | Hits: 43

Nabiran Bibi Vs. Md. Panna Miah and others, 1998, 27 CLC (HCD)

....usively triable by him the learned Additional District Magistrate received the case record on 26-10-83 and fixed 17-11-83 with an order to inform the complainant and the surety to produce the accused persons on 17-11-83. On 17- 11-83 both the accused persons as well as the complainant being absent t......learned District Magistrate, Manikganj with a copy of Judgment for disposal of the case by a competent Magistrate for disposal of the case. Ed. This Case is also Reported in: 52 DLR (2000) 394. ......opy of Judgment for disposal of the case by a competent Magistrate for disposal of the case. Ed. This Case is also Reported in: 52 DLR (2000) 394. ......learned District Magistrate, Manikganj with a copy of Judgment for disposal of the case by a competent Magistrate for disposal of the case. Ed. This Case is also Reported in: 52 DLR (2000) 394. ..

Category: Criminal Law | Date: | Hits: 44

Mati Lal Karmakar and Another Vs. Kalandar Talukder and another, 1998, 27 CLC (HCD)

....d the deed of gift in the name of Shishai Bala and according to the defendants the deed of gift is fabricated document. 4. The learned trial Court dismissed the suit chiefly on the ground that the persons who threatened to dispossess the plaintiffs have not been impleaded as defendants and furthe......eason to interfere with the judgments and decree of the Courts below. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390.......with SS Sarker Advocates—For the Petitioners. AB Roy Chowdhury, Advocate—For Opposite Party No.1. Civil Revision No. 3240 of 1993. Judgment Md. Awlad Ali J. - This Rule is directed against the judgment and decree dated 8-7-93 passed by the District Judge, Chandpur in Title Appeal No.......eason to interfere with the judgments and decree of the Courts below. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390...

Category: Property Law | Date: | Hits: 64

Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)

....his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ......his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ...... a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ......his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ..

Category: Employment/Service Law | Date: | Hits: 84

Talebuddin (Taleb) and another Vs. State, 2010, 39 CLC (AD)

....ation on 23.05.1997 alleging, inter alia at 8:30 p.m. he was going to the house of his uncle deceased Abdul Gafur. While he reached near the house, suddenly he got a sound of gunshot and saw that 3/4 persons were running away towards the East and he received the sound of crying of his cousin sister;......ks is dis­pensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the Court. Ed. This Case is also Reported in: VIII ADC (2011) 89 & 447. ......order of stay granted earlier by this Court shall continue till disposal of the Court. Ed. This Case is also Reported in: VIII ADC (2011) 89 & 447. ......ks is dis­pensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the Court. Ed. This Case is also Reported in: VIII ADC (2011) 89 & 447. ..

Category: Criminal Law | Date: | Hits: 43

Rakib and others Vs. State, 2010, 39 CLC (AD)

....abuddin had started taking tea along with Azimuddin his maternal uncle-in-law and one Mostafa at that time accused Omar Miah, Rakib, Habib, Rafique, Sabuj, Quadir, Kala Manik and some other 3 unknown persons had attacked and encircled Shahabuddin, own­ing to previous grudge and animosity and on the......e above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 57. ......sions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 57. ......e above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 57. ..

Category: Criminal Law | Date: | Hits: 38

State Vs. A.K.M. Rafiqul Islam, 2010, 39 CLC (AD)

.... threatened him to be killed. On the date of occurrence while the victim Kamrul Islam alias Momin was on the way to his college, at the instance of accused A.K.M. Rafiqul Islam, the FIR named accused persons along with some unknown miscreants have gunned down the victim and left him on road with cri......aper books is dis­pensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55....... The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55.......aper books is dis­pensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55...

Category: Criminal Law | Date: | Hits: 42