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Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
....ppeal No.2224 of 2002 at the instance of convict appellant Ujjal and Criminal Appeal No.2210 of 2002 at the instance of convict-appellant Golam Rasul alias Mamun are directed against the Judgment and order of conviction and sentence dated 6.7.2002 passed by the Metropolitan Special Tribunal No.9, Dh...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ..Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....fatal. The statements of witnesses will be of grant use to test the value of the evidence in Court. A copy of the FIR should accompany the dead body and should find reference in the inquest report in order to lend support to the prosecution case and be indicative of the fact that the prosecution sto......I.O. that while he just starting running in the gap between the accuseds, one of the accused about to inflict blow on him but he could escape. He after receiving gunshot injury he did not went to any Government Hospital. He cannot recollect whether he stated to the investigating officer that after r..Category: Criminal Law | Date: | Hits: 89
....
Result:
The Rule is discharged.
The Upazilla Parishad (Election) Rules, 1999, Rule 60
Whether the Election Appellate Tribunal is authorized to entertain an appeal against an interlocutory order passed by the Election Tribunal?
An appeal may be preferred to the Election Appellate Tribu...... praying for calling the documents/papers as mentioned therein from the office of the Returning Officer, Pirojpur Upazilla Parishad Election, 2010 and from the office of the Executive Engineer, Local Government Engineering Department, Pirojpur. The petitioner filed a written objection on 17.7.2009 a..
Category: Election Law | Date: | Hits: 600
Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)
....sequent steps for issuance of certificate and possession to the decree holder may be taken if the decree holder bank prays so. In the absence of filing of application for execution of the decree, the order of the court for issuing certificate of transfer the mortgaged property for realizing the decr......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ..Category: Civil Law | Date: | Hits: 174
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
....e dated 26.9.2002 (decree drawn on 2.10.2002) passed by the learned Senior Assistant Judge (In-charge), Fourth Court, Dhaka in Title Suit No.251 of 2001 should not be set aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. At the time of issu......of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ..Category: Procedural Law | Date: | Hits: 99
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....er section 304 part-1 of the Penal Code, the only alternative available to the prosecution to sustain the charge is to depend on circumstantial evidence. The settled law on circumstantial evidence in order to sustain a conviction on circumstantial evidence alone there must exist an unbroken and well...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..Category: Criminal Law | Date: | Hits: 84
....the suit is dismissed.
13. For the reasons stated above and having regard to facts and circumstances the case, we find merit in this appeal.
14. In the result, the appeal is allowed without any order as to cost. Impugned Judgment and decree dated 28.06.89 passed in Money Suit No.06 of 1980 is ......6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
..
Category: Admiralty Law or Maritime Law | Date: | Hits: 486
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
....rt should not be cancelled. 2. It appears from the office note dated 16‑11‑96 that notice of the Rule was duly served upon accused‑opposite‑party Abdul Momin Sarder. In view of the same by order dated 25‑2‑98 the Rule was fixed for hearing on 9‑3‑98 in presence of the learned Advo......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ..Category: Criminal Law | Date: | Hits: 87
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
....nd circumstances each case, a judge certainly may disbelieve a witness of search and seizure if it appears to him that he is deliberately making obliging statements in favor of the accused falsely in order to save him from legal punishment. In view of the provision of section 134 of the Evidence Act...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ..Category: Criminal Law | Date: | Hits: 92
....€¦..Petitioner
Vs.
Commissioner, Customs, Excise and VAT Commissionerate and others………………Respondents
Judgment
May 13, 2007.
Result:
The Rule is made absolute without any order as to cost.
The Value Added Tax Act, 1991 ( Act No. XXII of 1991); sections 37, 55(1)
Th......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
..
Category: Fiscal/Taxation Law | Date: | Hits: 131
.............Petitioners
Vs.
Government of the People's Republic of Bangladesh and others...........Respondents
Judgment
November 26, 2002.
Result:
The Rule is made absolute without any order as to costs.
It is to be presumed that all actions taken by the government officials are i......eme Court
High Court Division
(Special Original Jurisdiction)
Present:
SAN Mominur Rahman J
Md. Arayes Uddin J
Engineer Mahmudul Islam and others..............Petitioners
Vs.
Government of the People's Republic of Bangladesh and others...........Respondents
Judgment
No..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....and Md. Zakaria Sarker, Assistant Attorney-General - For the respondents. Writ Petition No.6768 of 2001. Judgment Mohammad Abdur Rashid J.- The above Rule Nisi was obtained against an order dated 30.09.2001 passed by or on behalf of respondent No.1, the National Board of Revenue, in ......ctive on the difference of remuneration in the public service and so-called charitable service, when is considered at the background of the national pay scale under which the Head of the Republic and Government received what salary and benefits of course tax-free from the public exchequer for perfor..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....etitioner Vs. The Judge, First Artha Rin Adalat, Chittagong and others………………….Respondents Judgment May 6, 2008. Result: The Rule is discharged with observation. In order to determine the question whether the provision is mandatory or directory, it is the duty of t......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ..Category: Civil Law | Date: | Hits: 136
Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)
....y-General -For the respondent. Criminal Appeal No.3608 of 2000. Judgment Md. Abu Tariq J.- This criminal appeal is directed at the instance of the convict-appellants against the judgment and order of conviction and sentence dated 14.11.2000 passed by the learned Additional Sessions Judge, 7...... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ..Category: Criminal Law | Date: | Hits: 86
....tion of the rules or procedures, mala fide and arbitrariness. Civil Court under section 9 of the Code of Civil Procedure is competent to entertain a suit and can well investigate the propriety of the order or action complained of. Civil Courts always can assume jurisdiction to consider the mala fide......dge, Sadar, Kurigram impleadine the petitioner Nos.1-4 as defendant Nos.1-4 and prayed for a decree for declaration that he is entitled to get gratuity, pension and other service benefit as a regular Government employee.
3. The case of the plaintiff is that he joined the then West Pakistan Water ..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
.... the case having been concluded on finding of facts as such no interference is called for under Section 115(1) of the Code of Civil Procedure. 18. In the result, the Rule is discharged without any order as to cost. 19. The order of status-quo in respect of possession of the suit land granted e......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ..Category: Civil Law | Date: | Hits: 94
Mrs. Rokeya Begum Vs. Chartered Credit CoÂoperative Ltd., 2009, 38 CLC (HCD)
....ion under section 241A of the Code of Criminal Procedure praying for discharge contending that the complainant took the loan on the basis of mortgage and paid the same. 6. The learned Judge by his order dated 03.05.2007 was pleased to reject the said application under section 241A of the Code of ......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ..Category: Criminal Law | Date: | Hits: 70
....ond knowledge of the applicants and the notice for eviction is illegal and without jurisdiction.
10. We shall address this point later.
(4) This is an application for review of the judgment and order dated 24 and 25 of June, 2009 and the order dated 24.1.2010 at the instance of Mollah Salt (Tr......Division
(Special Original Jurisdiction)
Present:
Syed Mahmud Hossain J
ATM Fazle Kabir J
Human Rights and Peace for Bangladesh and others…………………….Petitioners
Vs.
Government of Bangladesh and others……………………Respondents
Judgment
March 21, 201..
Category: Environmental Law | Date: | Hits: 731
Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)
....8 of 2008. Judgment Afzal Hossain Ahmed J.- This Rule, at the instance of the convict Sobhan Munshi, was issued calling upon the opposite party to show cause as to why the impugned Judgment and order of conviction and sentence dated 17.11.2003 passed by the Special Tribunal No.3, Munshiganj in...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ..Category: Criminal Law | Date: | Hits: 81
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....Chowdhury and Nurul Bashar Bachhu, the accomÂpanying members of the informant. At that stage of the occurrence ATM Nurul Islam Chowdhury, another member of the accompanying party of the informant in order to save their lives and property made gunshots causing bullet injuries at least on 2 dacoits. ......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be comÂmunicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ..Category: Criminal Law | Date: | Hits: 158
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