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Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....ow and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ......port that means that the accused has been discharged from custody under section 500 of the Code and not discharged from the case. The legal position is that a second prosecution is permissible if the order of discharge was not passed on merits. If cognizance is taken on the basis of a fresh complain......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ..Category: Criminal Law | Date: | Hits: 138
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
....ay 13, 2007. Result: The rule is discharged. Cases Referred to- Alhaj B.N. Khan (Degree) College Vs. Md. A. Rahim and others, 7 BLT (AD) 153; Bijoy Kumar Saha Vs. Deputy Commissioner, Chuadanga and others, 55 DLR 550; Board of Intermediate and Secondary Education Rajshahi Vs. Md. Miraju...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......im but she did not take any steps. It was the further case of the defendants that the plaintiff was directed to submit the account of the college fund before the Governing body but she disobeyed that order. The Managing Committee took a decision for upgrading the college as a degree college and dire...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....ate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......ated goods under section 181(1) of the Customs act, 1969 and taka 6,00,000.00 as PS1 penalty under section 156(1), 11(a) of the Customs Act along with 1% service charge. 6. After such adjudication order, respondent No.3, the Principal Appraiser demanded said duty and penalty amounting to taka 1,4......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 246
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
....icate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......mant, deceased, Ayub Khan, with his cousin's husband, Babul was returning home, was done to death by the accused petitioners. This case, after investigation, was sent for trial and thereafter, as per order of the Government, the trial was shifted to the Court of Druta Bichar Tribunal. When the trial......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ..Category: Procedural Law | Date: | Hits: 84
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....e no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......ximpo Trading Limited…………………… Plaintiff Vs. MV Banglar Kakoli ………………………Defendants Judgment May 29, 2007. Result: The suit is dismissed without any order as to costs. Cases Referred to Trans Oceanic Steamship Co. Ltd. Vs. Adamjee Insurance Co......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ..Category: Limitation Law | Date: | Hits: 174
Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)
....o.689 of 1998) Vs. Secretary, National Sports Council and others………………………….Respondents (In both to Writ Petitions) Judgment May 10, 1998. Result: The Rules are made absolute. The National Sports Council Act, 1974 (Act No. LVII of 1974), section 20A(b) Be......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......ssing the Proggapan or notice in relieving any person from his duty, or to suspend or dismiss any person it is required to issue a show cause notice. Without issuance of any show cause notice, if any order is passed, that will be violative of the principle of natural justice and as such the order ca......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ..Category: Employment/Service Law | Date: | Hits: 100
Abdul Quader Farazi Vs. Chief Election Commissioner, Bangladesh & others, 1998, 27 CLC (HCD)
....Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ......ch circumstances the Election Commission being vested with the power to conduct the election peacefully, fairly and impartially, has the right to interfere with the election and cancel the result and order for re‑polling. ……………………………………(10) Case Referred to- 45 DL......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ..Category: Election Law | Date: | Hits: 591
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....passed by the Artha Rin Adalat…………………………(10) Case Referred to- Zahirul Islam Vs. National Bank Ltd. 46 DLR (AD) 191; Gazi M Towfic Vs. Agrani Bank, 54 DLR (AD) 6; Bangladesh Agricultural Development Corporation (BADC) Vs. Artha Rin Adalat, 59 DLR (AD) 6. Lawyers In......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ...... — For Added Respondent no. 3. Writ Petition No. 10051 of 2006. Judgment Sheikh Abdul Awal J. - In this Rule Nisi the respondents have been called upon to show cause as to why the impugned order dated 1-10-2006 (Annexure- E) passed by respondent No. 1 rejecting the application for dismiss......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ..Category: Civil Law | Date: | Hits: 170
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
....upreme Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Ashfaqul Islam J Paritosh Chandra Nag……………………petitioners Vs. Bangladesh represented by Secretary, Ministry of Land ………………Respondent Judgment Novembe......is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......…………petitioners Vs. Bangladesh represented by Secretary, Ministry of Land ………………Respondent Judgment November 19, 2008. Result: The Rule is discharged without any order as to cost. The Tenancy Rules, 1955, rules 22-24, 31 In any mutation case, any grievance......is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ..Category: Property Law | Date: | Hits: 107
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......the Respondent Nos. 1 and 2. Writ Petition No.3519 of 1997. Judgment Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the Respondents to show cause as to why the impugned order dated 5.6.1996 passed against the petitioner under the signature of Respondent No.3 allegedly ......ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ..Category: Labour and Industrial Law | Date: | Hits: 2706
Abbas Ali and others Vs. Sharif Hossain Chowdhury and others, 2010, 39 CLC (HCD)
....order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......s are allowed. Learned Advocates are permitted to take back all the original documents on furnishing authenticated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ..Category: Property Law | Date: | Hits: 80
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....c and reasonable approach in appreciation of evidence. It is always to be remembered, that the graver the charge the greater is the standard of proof required……………………..(36) Though sad yet it is a fact that in our country there is a tendency on the part of people to rope in as many......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......r vindictive or a product of imagination. Court, also, must be satisfied that deceased was in a fit state of mind and body to speak and had opportunity to observe and identify the assailant. Court in order to satisfy whether the deceased was in a fit mental condition to make dying declaration looks ......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....: The appeal is allowed. The Special Powers Act, 1974 (Act No. XIV of 1974), section 25B Interpretation of statute It is the presumption that the legislature does not make mistakes in not adding or inserting any word in any provision of the statute. Even if, the mistake is obvious, the C......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......eral with Md. Ashaque Momin, Assistant Attorney-General - For the State. Criminal Appeal No.1491 of 1991. Judgment M Enayetur Rahim J.- This appeal is directed against the Judgment and order of conviction and sentence dated 29-8-1991 passed by the Special Tribunal No.1, Panchagarh in ......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..Category: Criminal Law | Date: | Hits: 84
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....abibul Gani J Md. Ismail………………………………Petitioner Vs. State……………………………..Opposite party Judgment June 14, 2012. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A ......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......minal Procedure, 1898 (Act No. V of 1898); section 561A Whether the inherent power under section 561A of the Code of Criminal procedure can be exercised in setting aside the Judgment and order of the Additional Metropolitan Sessions Judge The inherent power of the High Cour......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
.................Petitioner (InCriminal Revision No.257 of 1987) Vs. The State......,.................................Opposite Party Judgment July 27, 1989. Result: Both the Rules are made absolute Judgments and orders of conviction and sentence are set aside. The Penal Code,...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds immediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......nal Revision No.257 of 1987) Vs. The State......,.................................Opposite Party Judgment July 27, 1989. Result: Both the Rules are made absolute Judgments and orders of conviction and sentence are set aside. The Penal Code,1860 (XLV of 1860); Sections 463...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds immediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ..Category: Procedural Law | Date: | Hits: 111
AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
....sion (Dhaka) (Criminal Miscellaneous Jurisdiction) Present: Latifur Rahman J AM Mahmudur Rahman J AKM Azizul Haque.......................Petitioner Vs. The Govt. of Bangladesh..............Opposite Party Judgment July 10, 1989. Result: This Rule is made ab...... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ......Section 2 (f) and 3 Presence of a specific criminal case against the detenu for detention When there is a specific case against the detenue and the same is the subject matter of the detention order, he shall be released…………………(5) Whether in a specific case where general la...... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ..Category: Criminal Law | Date: | Hits: 66
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....ing no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......Rule under section 115(1) of the Code of Civil Procedure 1908, dated 18-8-2009, issued at the instance of the plaintiff appellant petitioner Syed Ghulam Shahriar, is directed against the Judgment and order dated 23-7-2009 passed by the learned Joint District Judge, Sylhet (in charge) in Miscellaneou......having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ..Category: Property Law | Date: | Hits: 88
....ction)
Present:
MA Rashid J
Md. Ashfaqul Islam J
Romisa Khanam …………………Petitioners
Vs.
Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others ……………………………Respondents
Judgment
May 20, 2008.
Result...... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
......r Nos. 2678 of 2005, 3797/2003, 6971/2004, 6262/2005, 1512-13 of 2006.
Judgment
MA Rashid J. - The above Rules Nisi except the one in Writ Petition No. 1513 of 2006 were issued against a common order dated 10-2-2003 passed by the Appeal Officer under rule 31 of the Tenancy Rules, 1955 hereinaf...... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
..
Category: Property Law | Date: | Hits: 120
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....ion (Criminal Appellate Jurisdiction) Present: Md. Joynul Abedin J Mir Hashmat Ali J State.................................................................Petitioner Vs. Md. Ershad Ali Sikder and others...........................Condemned Prisoner Judgment July 21, 2003. ......m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ......4 of the Penal Code and sentenced them to suffer rigorous imprisonment for life and in view of this sentence no separate sentence was passed against them under section 144 of the Penal Code. 7. In order to appreciate the judgment of conviction and sentence, we intend to discuss the evidence insof......m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....……………..(65) Cases Referred to- Matilal Sikder & Ors. Vs. Benodini Dasi and others, 28 DLR (AD) 5; Sangappa Andanappa Vs. Shivamurthis‑ wamy, AIR 1961 (Mysore) 106; Kamakhya Prasad Malaho Vs. Digendra Purkayastha and others, AIR 1987 (Gauhati) 80; Emdadul Hoque (Md.) Vs. Md. At...... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ...... Awami League and other allied organisations, debarring voters from casting votes in favour of the Awami League candidate. Subsequently an application was made in this regard to amend the petition in order to incorporate the complicity of the Respondent in restraining the voters from voting. That ap...... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ..Category: Election Law | Date: | Hits: 300
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