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Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......dgment. Reference can be made to the case of Bhulu Rani Shaha and another vs. Pranballav Podder and another, 5 BLC (AP) 122. 20. What is painful in this case is that the learned Magistrate who was holding trial and deciding guilt or innocence of some person put to trial in a Criminal prosecution ..Category: Criminal Law | Date: | Hits: 34
....6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
......not arise at all. And not a single condition of Environment clearance certificate was violated by the petitioner. Allegation of pollution was made by Ferdous Ara‑Khanam on 13‑11‑2002 and before holding the alleged inquiry no notice was given to the petitioner and actually no evidence was taken..
Category: Environmental Law | Date: | Hits: 226
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
....4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ...... incidentally averred that summons of the suit in which ex parte decree was obtained also suppressed and not served upon the defendant of the said suit. He also submits that the courts below erred in holding that the remedy sought as provided in Order 9 rule 13 CPC against ex parte decree is without..Category: Civil Law | Date: | Hits: 66
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ...... of the chartered accountant as required under law and on being satisfied with the returns submitted by the petitioner in all the years of assessment were accepted by the Deputy Commissioner of Taxes holding that the Income Tax returns submitted showing profit and loss were duly examined and certifi..Category: Fiscal/Taxation Law | Date: | Hits: 132
....f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67.......decessor late Md. Ali Akbar against which their predecessor-in-interest filed case being No.1084 of 1992 before the Court of Settlement, Dhaka and the same was dismissed by its judgment dated 15-9-97 holding the case as have been barred by limitation. The case house does not fall within the mischief..
Category: Property Law | Date: | Hits: 28
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ......ahid freedom fighters should not be deprived of the 30% quota reserved in favour of them. 20. In furtherance of the aforesaid policy decision, the Government has taken a special welfare scheme for holding 23rd BCS (Special) Examination, 2000 for the recruitment of the freedom fighters and the chi..Category: Employment/Service Law | Date: | Hits: 134
AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178.......Civil Petitions for Leave to Appeal Nos. 1292 & 908-912 of 2002, dated July 30, 2004 contention of the learned Counsel for the RAJUK was to the effect that the High Court Division was in error in holding that RAJUK must allot alternative plots to the writ petitioners who are in fact the affected..Category: Property Law | Date: | Hits: 34
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
.... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ......e of enquiry. He on receipt of such notice informed the defendant No. 6 that due to illness he was not in a position to appear before him at Khulna and requested him to make necessary arrangement for holding enquiry at Mymensingh, but in vain. The defendant Nos. 6-8, the members of the Enquiry Board..Category: Employment/Service Law | Date: | Hits: 69
Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)
....-charge), Gouripur passed in Other Class Suit No. 82 of 1994 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 154. ......gned judgment and decree that the appellate Court below without discussing the evidence on record allowed the appeal reversing the judgment and decree passed by the trial Court in a slipshod judgment holding that the summons were not duly served upon the Government. But from the discussions above it..Category: Property Law | Date: | Hits: 32
Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)
....ore, dismissed. 23. The respective parties are directed to bear their respective costs. Send down the LC Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 151. ......been brought beyond the period of limitation of one year from the date when the goods have been delivered, or discharged from the ship the learned trial Court failed to appreciate and consider in not holding that the suit was hopelessly barred by limitation under Rule 6 of Article 3 of the Schedul..Category: Civil Law | Date: | Hits: 87
Md. Monzurul Islam Vs. National Board of Revenue and others, 2009, 38 CLC (AD)
.... Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ......led to have the imported goods assessed on the basis of at least the normal value under amended section 25(1) of the Customs Act, 1969. 5. As it appears the High Court Division discharged the Rule holding that in Writ Petition No. 201 of 1996, out of which Civil Appeal No.102 of 1998 arose, simil..Category: Fiscal/Taxation Law | Date: | Hits: 64
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....he ground, inter alia, that the change sought to be made was not a mere change of one kind of pre-emption to another, but it was substitution of a new case altogether. Since a Co-sharer tenant of non-agricultural land is entitled to apply for pre emption under section 24 of the Non-Agricultural Tena...... committed an illegality in converting the preemption case into one under section 24 of the Non Agricultural Tenancy Act. As I see it, the lower appellate Court did not commit any error of law in upholding the conversion. Consequently, the above submission of Mr. Garib Newaz stands negatived. 1..Category: Property Law | Date: | Hits: 39
Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)
.... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ......ng the prayer for preemption. 2. Petitioners made an application under section 96 of the State Acquisition and Tenancy Act, 1950 (hereinafter referred to as the Act) for preemption as owners holding land contiguous to the land transferred by the predecessor of opposite party No. 4(Ka) to 4(..Category: Property Law | Date: | Hits: 27
Faruq (Md) Vs. State, 2006, 35 CLC (HCD)
....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: 59 DLR (2007) 104. ......d to the Metropolitan Senior Tribunal, Dhaka which was recorded as Metropolitan Special Case No. 77 of 2002 and thereafter, the case was transferred to Metropolitan Special Tribunal No. 11, Dhaka for holding trial and the Tribunal was pleased to frame charge under section 19A and 19(f) of the Arms A..Category: Criminal Law | Date: | Hits: 27
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......ira[(Supra), the relevant date has been taken to be the date of occurrence which we believe, with respect, is the correct approach. On the other hand, there are many decisions, of our superior Courts holding the view that the relevant date is the date of framing charge or commencement of trial. In o..Category: Criminal Law | Date: | Hits: 167
Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
....long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......ssional statement on 22-4-1997 disclosing his active involvement in the occurrence which is not only true and voluntary and also inculpatory in nature and, as such, the same alone may be a ground for holding the accused appellant guilty for the offence of throwing acid and hence the impugned judgmen..Category: Criminal Law | Date: | Hits: 45
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
.... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ......ed from there is no scope of interference, because the judgment of the trial Court delivered was perfect and was a product of proper adjudication. Therefore, the appeal is required to be dismissed by holding the same as not sustainable. 12. We have heard the learned Counsels for the appellant..Category: Criminal Law | Date: | Hits: 40
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......n 5(2) of the Prevention of Corruption Act, 1947. 3. On the basis of the first information report the instant case was registered and DAB, Sylhet took up the charge for investigation and after holding investigation, the charge-sheet was submitted against the accused person under section 409 o..Category: Criminal Law | Date: | Hits: 31
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......urance Rules, 1958. By the said amendment, Rule 4(a) provided for paid up capital in respect of the insurance companies which read as follows: 4A. Paid-up capital of an insurance Company and share holding.- (1) 50% of the total paid up capital shall be contributed by the sponsors and the remainin..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
.... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ......"Finally, an Election dispute relates to a right to office. The dispute is Civil in nature. Judicial officers who decide civil disputes have been empowered to decide Election dispute. Procedure for holding the trial of such disputes is the same as that of an ordinary Civil Court being constitute..Category: Election Law | Date: | Hits: 100
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