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Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
.... be unworthy of credit.........................................(44) Minor discrepancies are not material since they occur due to individual differences. Where minor discrepancies, not going to the root of the matter, are found in the evidence of natural and probable witnesses, the discrepancies s......o ensure conducting of search in an impartial way and fair manner and also ensure that there is no planting of incriminating articles by the police or by any other person. There are quite a number of cases where the local witnesses of search and seizure do not support the police out of fear of the a..Category: Criminal Law | Date: | Hits: 92
....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.
......T and other taxes. Sub-section (1) of section 55 clearly empowers, amongst others, the concerned VAT authority to issue notice asking the registered tax payer or deem to be registered taxpayer as the case may be, to show cause as to why the unpaid or less paid VAT or tax on account of specified sale..
Category: Fiscal/Taxation Law | Date: | Hits: 131
....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
......atter of grant of jobs, contracts, licenses, largesse, etceteras on the basis of rational, relevant, reasonable and non discriminatory standard and norms………………………………(35)
In case the government/statutory body or its officers act arbitrarily, discriminately with or without m..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. .......158. Appeal to the Appellate Tribunal.- (1) An assessee may appeal to the Appellate Tribunal if he is aggrieved by an order of an Appellate Joint Commissioner or the Commissioner (Appeals) as the case may be under section 128 or 156. (2) No appeal under sub-section (1) shall lie against an or..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....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. ......ctory, it is the duty of the Court to get at the real intention of the legislature. . . Since there is no indication in the statute i.e. the Artha Rin Adalat Ain, 2003 about the fate of the execution case if it does not conclude within 90+60=150 days, the provision of section 37(1) of the Ain, 2003 ..Category: Civil Law | Date: | Hits: 136
Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)
.... 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. ......entencing thereunder to suffer rigorous imprisonment for 7(seven) years and also to pay a fine of Tk. 2,000/- in default, to suffer rigorous imprisonment for (four) months more. 2. The prosecution case, in short, is that informant Sub-Inspector of Police was on patrol duty on 9.01.1996 and while ..Category: Criminal Law | Date: | Hits: 86
....he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
......sdiction of a Civil Court
The exclusion of jurisdiction of a Civil Court should not to be readily inferred. Even if jurisdiction is so excluded, the Civil Courts have jurisdiction to examine into cases whether the provisions of any Act have not been complied with when there is allegation of viol..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....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. ......f that within 2/4 days the defendants would dispossess the plaintiff forcibly from his purchased land. The defendants also threatened to implicate the plaintiffs and her husband in the false criminal case and to detain them under Special Power Act and besides that defendants also threatened to kill ..Category: Civil Law | Date: | Hits: 94
Mrs. Rokeya Begum Vs. Chartered Credit CoÂoperative Ltd., 2009, 38 CLC (HCD)
....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. ......dure liable to be quashed……………………………….(23) Purpose of enactment of the Negotiable Instruments Act, 1881 Negotiable Instruments Act was specially enacted to deal with the cases relating to promissory Notes, Bills of exÂchange and cheques. It is a special type of law. It..Category: Criminal Law | Date: | Hits: 70
.... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
......d that the judgment speaks of unauthorized constructions and not of authorized ones. The judgment must be considered as a whole and not in isolation.
21. Paragraph 17 of the judgment passed in the case of Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh, (2009) 17 BLT..
Category: Environmental Law | Date: | Hits: 731
Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)
.... 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. ......ler and arrested the convict-petitioner and other accused with the arms being five rifles, twenty bullets of 303 rifles and one bayonet as well as other articles. Upon lodging that ejahar the instant case was started. 3. The convict-petitioner alongwith seven other accused were charge sheeted and..Category: Criminal Law | Date: | Hits: 81
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....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. ......oity rather an attempt in committing dacoity is also dacoity………………………..(31) Medical eviÂdence is a piece of corroborative evidence along with other evidence. If the prosecution case is proved by the ocular witness of the occurrence, the non-examination of the doctor is not alw..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......ubordinate Judge, Artha Rin Adalat, Noakhali decreeing Title Suit No.50 of 1990 in respect of 1.80 acres of land out of 2.93 acres of land of plot No.5-10 by adverse possession. 2. The plaintiff's case is that, the suit land originally belonged to Goura Chandra Majumder, Horish Chandra Majumder, ..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
....ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite-Parties Judgment December 3, 1985. Result: The Rule is discharged. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 339C In a number of cases involving serious and grave offences advantages of section 339C Cr.P.C. were taken without any..Category: Procedural Law | Date: | Hits: 102
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....appellants Daud Ali and Rabi Biswas are 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 (HCD) (2003) 699. ......ction and sentence dated 29‑4‑1993 by learned Sessions Judge Jhinaidha in Sessions Case No.42 of 1992 arising out of Shailakupa PS Case 12 dated 15‑4‑1992 and GR 41 of 1992. 2. Prosecution case at the trial, in brief, was that deceased Jamiruddin brother of informant Golam Mostafa, went t..Category: Criminal Law | Date: | Hits: 93
....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
......ha). The petitioners thereafter, received letters from respondent No.1 addressed to the Manager, Sonali Bank, Customs House Branch, Kurmitola, Dhaka asserting that VAT dues of Taka 2,64,73,135.17 (in case of Intertek Testing Services International Limited) was payable by the petitioner Intertek Test..
Category: Fiscal/Taxation Law | Date: | Hits: 119
....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......site Parties
Judgment
April 4, 2007.
Result:
The Petition is allowed.
A leassee in possession under the leassor in a property may be added as Party alongwith a leassor and in a proper case a party can be added even in a proceeding in Revision stage.................................(14..
Category: Property Law | Date: | Hits: 82
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ......Police so long………………………………….(5) The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 339C (4) There is specified period for concluding trial of a criminal case under section 339C(4) of the Code of Criminal Procedure. If the trial of the case is not comple..Category: Criminal Law | Date: | Hits: 92
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....s issued in this revision and further proceeding of C.R. Case No.40 of 2004 instituted on the said complaint was stayed. 3. The facts relevant for disposal of the present Rule are as under: The root cause of the aforesaid order passed by the learned Joint District Judge is the Kabala No.12007 ......was shown to have been sold by Mamotaz Bagum to one Mazibul Haque. The present petitioner Ruhul Amin claimed himself to be a co-sharer by way of purchase from other co-sharers and filed a pre-emption case being Miscellaneous Case No.66 of 1979 in the Court of the then Munsif, Hatia and obtained an e..Category: Property Law | Date: | Hits: 122
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....the Courts below stand maintained. 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) 132. ......he plaintiff in any portion of the property in a Partition Suit would not convert a Partition Suit into a declaratory suit for title and a suit for possession, as the jurisdiction of a Civil Court in case of a Partition Suit could not be placed at the mercy of every profligate defendant to render th..Category: Procedural Law | Date: | Hits: 115
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