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Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)

....ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......lodged by P.W.1 Shafiqul Islam. Police visited the place of occurrence, prepared a sketch map and index thereof, and examined the witnesses under section 161 CrPC and thereafter finding a prima facie case against the accused-appellants and others submitted the charge-sheet. 4. In this case the pr..

Category: Criminal Law | Date: | Hits: 75

Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)

....produced or given in evidence in such proceeding, except on the complaint in writing of such Court, or of some other Court to which such Court is subordinate". 9. This is a point which goes to the root of the case and makes the prosecution bad for want of complaint by Court concerned. The want of......g in the Civil Court since 1973. 3. In the meantime on the basis of the aforesaid complaint with the Kotwali Police Station the police after investigation submitted a charge sheet and the criminal case being Kotwali Police Station Case No.6(2)79 under sections 420/471/109 of the Penal Code was st..

Category: Procedural Law | Date: | Hits: 71

State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

.... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ...... Judgment April 3, 2011. Result: The Rule is made absolute. Cases Referred to- RAJUK Vs. Abdur Rouf Chowdhury (RANGS Building Case); Jamuna Builders Ltd. Vs. RAJUK (Jamuna Future Park case); 43 DLR page 147; 272 of 9 DLR; 9 DLR (1957) page 272; 41 DLR (1989) page 326; Naushad Ahmed C..

Category: Constitutional Law | Date: | Hits: 642

Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)

....the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......mation of sale from the people and then by giving Talashi and getting certified copy of the same on 17.12.1995, got the specific information about the same and on that date the cause of action of the case arose. The sale deed was listed in the Balam on 23.10.1995 under section 60 of the Registration..

Category: Civil Law | Date: | Hits: 192

Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)

....ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......o behind the decree or claim in Execution Case and it has no jurisdiction to amend or modified decreetal amount or interest or legal expenditure. Further in the facts and circumstances of the instant case equity is not in favour of the petitioner as the petitioner knew the payment of entire money, c..

Category: Civil Law | Date: | Hits: 276

Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)

....cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ...... the Court under section 151 of the Code of Civil Procedure, 1908 cannot be invoked where there are specific provisions for the relief sought for. Inherent power could only be invoked by the Court in case where it finds no provisions for the relief prayed for, and only for the ends of justice or to ..

Category: Civil Law | Date: | Hits: 281

Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)

....anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ......ormer has a right to get it from the latter, who owes it to the former, but this right is always a civil or statutory right to be enforceable in a Civil Court or a Labour Court or the like. In such a case, question of criminal liability does not arise at all.............................(8) Lawyer..

Category: Employment/Service Law | Date: | Hits: 238

Abdul Latif Howlader and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ......¨/২০০২/ŕ§­ŕ§Żŕ§® dated 21-7- 2007 (Annexure-F) issued by respondent No. 4 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case, so far as are relevant for disposal of this Rule, are that the petitioners and 33 others were ..

Category: Employment/Service Law | Date: | Hits: 216

Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)

.... Office is directed to send down the record of the case at once with a copy of the Judgment for infor­mation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ...... Judgment May 15, 2008. Result: The Rule is made absolute. On the basis of the defence plea or materials the criminal proceedings should be stifled before trial when there is prima facie case for going to trial………………………………..(10) When a naraji peti­tion is fil..

Category: Criminal Law | Date: | Hits: 177

MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)

....ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and neces­sary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ...... or further order or orders passed as to this Court may seem fit and proper. 2. Mr. Md. Badrudduza the learned advocate appearing on behalf of the accused petitioner sub­mits that considering the case as made out by the prosecution in the FIR the High Court Division granted an ad-interim bail on..

Category: Criminal Law | Date: | Hits: 151

Habib Khan Vs. State, 2012, 41 CLC (HCD)

....ore Hafazat Nirapad Abssan are directed to set at liberty the vic­tim Mosammat Rokeya Dil Afroz Munmun forth­with. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......enpara Parbata, PS-Kafrul, Dhaka is not being held in judicial Custody illegal­ly and improperly and as to why the order 25-07-2011 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal case No.578 of 2010 should not be set-aside and directed to opposite par­ties to set the victim at ..

Category: Criminal Law | Date: | Hits: 176

Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)

....as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......t bank produced copy of the said written statement and the judgment of Artha Rin Adalat to substantiate their respective claims. However the petitioner made a statement in the writ petition about his case which is as follows: “Under small industrial loan BISIC on 18.5.94 by sanction letter No.9..

Category: Civil Law | Date: | Hits: 254

Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)

....er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......e. In a criminal trial, the burden of proving guilt of the accused beyond all reasonable doubt always rests on the prosecution and on its failure, it can not fall back upon the accused. In a Criminal case, it is for the prosecution to bring the guilt home to the accused…………………………..

Category: Criminal Law | Date: | Hits: 153

Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)

....ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ......pably incorrect. Closed-end mutual funds issue bonus shares in our neighbouring countries, India and Pakistan. In UK no restriction is imposed on the manner of payment of dividend by Mutual Funds. In cases of closed-end mutual funds if demand is high, it is upon the Fund to decide whether or not to ..

Category: Business or Commercial Law | Date: | Hits: 462

Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)

....rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......parties Judgment August 28, 2007. Result: The Rule is made absolute. The law of enemy property died with the repeal of Ordinance No.1 of 1969 on 23.3.74 and no further vested property case can be started thereafter on the basis of the law which is already dead . . . Claim of the Gove..

Category: Property Law | Date: | Hits: 155

Ranjit Vs. Bangladesh, represented by the Secretary, Ministry of Jute, Bangladesh Secretariat, Dhaka and others, 2007, 36 CLC (HCD)

....cted to pay the salary and other benefit to the petitioner in accordance with law. 10. However, there will be no order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 19. ......olely clerical capacity. Hence, we do not find any reason not to treat the sweepers as workers as per definition of worker provided by Act XVII for 1994.” The facts and circumstances of the present case being similar we also hold the same view as taken by the said Bench. 7. Accordingly, we do n..

Category: Criminal Law | Date: | Hits: 143

A. Aziz Mollick Vs. State, 2008, 37 CLC (HCD)

....manbaria on further undertaking to produce the same to the Court on and when directed by the same. 18. Copy be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 230. ......nd Special Tribunal No.1 Brahmanbaria rejecting prayer of the petitioner under section 516 A of the Code to take in his Jimma the Truck Dhaka Metro No.TA-16 seized in connection with Special Tribunal case No.197/2007 arising out of Brahmanbaria P.S. case No.4 dated 2.5.2007 and G.R case No.457 of 20..

Category: Procedural Law | Date: | Hits: 194

Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)

....w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ...... in motion. So even if the GD is treated as the FIR, and the formal FIR as a statement recorded under section 161 of the Code, 1898, that does not in any way affect the credibility of the prosecution case or the evidence on record as a whole……......….(34) Case Referred to- The State Vs. ..

Category: Criminal Law | Date: | Hits: 170

Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

....duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ......the customs Act and submits that the petitioners goods were asses­sed provisionally on 23-3-2001 and the respon­dent had to make final assessment within a period of 150 working days. In the instant case that was not done. He further submits that the respondent issued the impugned notice on 22-6-20..

Category: Fiscal/Taxation Law | Date: | Hits: 194

Kamal Imports and Exports Ltd. & another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)351. ......cial importers and since the petitioners are paying and intends to pay VAT at supply stage as per provision of first proviso of section 5(2) and 9 of the VAT Act, 1991. 3. Briefly the facts of the case of Writ Petition No.6992 of 2005 are that the petitioner Kamal Import and Exports Ltd. is a Lim..

Category: Fiscal/Taxation Law | Date: | Hits: 220