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Nasir Uddin Vs. State, represented by the Deputy Commissioner, Narayanganj, 2011, 40 CLC (AD)
....e High Court Division suffers from no illegality or impropriety and, as such, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......d arms and ammunitions and lodged the FIR. 3. On the basis of that FIR Siddirganj Police Station Case No.19 dated 15-3-2005 was started. The police investigated that case and after completion of investigation submitted charge sheet against the accused-petitioner Md. Nasir Uddin under Section 19..Category: Criminal Law | Date: | Hits: 64
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
....Majedur Rahman by sharp cutting weapon and instantly he felt down on the paddy field on the southern side of the road and thereafter other persons, who were waiting besides the road, came forward and participated in slaughtering Majedur Rahman Mridha alias Maju with sharp cutting weapon. The miscrea......said First Information Report, Naldanga Police Station Case No.3 dated 05.04.2003 under section 302/34 corresponding to G.R.No.170 of 2003 was started. 4. P.W. 19 S.I Abdul Hai started the initial investigation but ultimately P.W.20 Dina Bandhu Das had completed the same and submitted the charge ..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....1 Subodh Biswas and Susil Biswas (since acquitted) are established cloth merchants and owner of a big cloth shop named 'Bastraniketon' at Monoharpur within Comilla town and that the informant and his partymen took away Bangladeshi currency notes amounting to Tk. 17,95,924.00 from the possession of a......wn, Comilla and arrested the accused appellants who are members of International Gold Smugglers Gang and thereafter P.W.1 lodged the FIR Ext. 1 with the Kotwali Police Station. 3. The police after investigation, submitted charge sheet against the accused appellants under section 25B of the Specia..Category: Criminal Law | Date: | Hits: 75
....r tax is a question of fact inasmuch as whether an assessee is entitled to super tax rebate or not, it has to be determined on consideration of relevant law in the facts and in the circumstances of a particular assessment year. We find force in the contention of Mr. Rokanuddin Mahmud. The question a......answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
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Category: Fiscal/Taxation Law | Date: | Hits: 139
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....2005 an application was filed before the Tribunal for return of the seized goods and money along with the registers. The learned Judge of the Metropolitan Special Tribunal No.1 after hearing both the parties accepted the final report and discharged the accused persons from the case by his order date......eized ornaments and money as well as other materials recovered from this shop. Subsequently, 46 other persons as claimants also submitted application for return of the seized alamots. 3. After due investigation the police submitted final report as mistake of fact upon examination of the available..Category: Criminal Law | Date: | Hits: 83
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....ion) Present: Hasan Foez Siddique J Jahangir Hossain J Abdur Rahim…………………………………………Petitioner Vs. Momotaz Begum and others……………....Opposite parties Judgment July 27, 2011. Cases Referred to- Nizamuddowla Vs. Nurul Islam and ors.......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....urisdiction) Present: Sheikh Abdul Awal J Saijuddin Molla…………………………………….......Petitioner Vs. Abdur Rahman and others………………………..Opposite-parties Judgment November 22, 2011. Cases Referred to- 33 DLR (AD) 113; 31 DLR (AD) 89; ......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 62
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
....ctual date of birth and accordingly, the impugned order retiring the writ petitioner and asking for refund of money was lawful. 5. A Division Bench of the High Court Division upon hearing both the parties and on consideration of the materials on record and taking into account the provisions of th...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 58
Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corporation and another, 1990, 19 CLC (HCD)
....sides and perused the impugned order. 4. It appears that the learned Court below rejected the application for local investigation writing only four lines and it is to the effect that the matter is part‑heard, the application is belated and hence the Court finds no reason why local investigation......of the Code of Civil Procedure and is directed against an order dated 8.11.89 passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No.581 of 1985 rejecting an application for local investigation to ascertain the suit property. 2. The petitioners as plaintiff instituted Title Su..Category: Property Law | Date: | Hits: 71
....uld prejudice the petitioner and as such in good faith took no steps in the said writ petition. But the Government as pro forma respondent took no step in the matter and the Rule was made absolute ex parte. The petitioner came to learn from Respondent No.1 on 5.6.91 that the Rule was made absolute a......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502...
Category: Civil Law | Date: | Hits: 87
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....is uncle Makbul Ali and Jinnat Ali and as such, Elahadad Chowdhury acquired no right, title and interest in the suit property. Elahadad Chowdhury then created a fraudulent, collusive and void deed of partition in respect of the suit property with some heirs of Ali Hossain on 25.02.1940, following wh......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....amp; Firms asking writ-petitioner No.2 (respondent No.2 herein) and one Ms. Lan-Sun Park nominee Director of writ-petitioner No.1 Company TaeHung Packaging (BD) Limited Paper Manufacturing Company to participate in the hearing before him on 24.10.2007 at 10:00 a.m. on the application filed by the pr...... II. Whether the High Court Division failed to appreciate that in order to find out whether respondent No.3 was removed from the office of Director lawfully, the Registrar is authorized to make such investigation as may be found necessary for proper discharge of his duties and as such, section 193(..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
....ner was junior to 15 teachers serving in the college and he was not entitled to a higher scale. The writ petition is, therefore, liable to be dismissed. 4. The High Court Division upon hearing the parties by the impugned judgment dated 28th April, 2003 made the rule absolute and directed the writ...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ..Category: Employment/Service Law | Date: | Hits: 204
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....ions made by the learned Advocate for the Anti-corruption Commission, Mr. Md. Khurshid Alam Khan. 16. Heard the learned Advocates of both sides and perused the record/documents filed by both the parties. It appears from the Section 18 of the Anti-Corruption Act as follows:- ১৮। অজ......Act, 1947 read with Section 161 of the Penal Code and appellant No.2 was convicted under Section 161/109 of the Penal Code which is just and sustainable in law. He further submits that after proper investigation, investigating officer submitted charge sheet against the appellants and the learned..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
.... Mirza Shahab Ispahani Vs. Government of Bangladesh, 40 DLR 87; 40 DLR (AD) 116; Coopers' case, (1863) 14 CBNS 180; Abal Ala Maudoodi's case, PLD 1964 (SC) 673; Regina Vs. Medical Appeal Tribunal, Ex parte Gilmore, 1957 1 QB 574; Ram Chandra Sankar Deodhar Vs. The State of Maharashtra, 1974 SCC at p......reported in AIR 1961 Calcutta 181. In that case an FIR was lodged on 17.12.57 alleging abduction against the accused and charge sheet was submitted on 24.4.58. What happened in that case was that the investigation was started and major portion was completed under the Calcutta Police Act and then by ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)
....ll international treatise made during that period; and 5. all day-to-day business of the executive are hereby provisionally condoned; 2. 1. the Proclamation dated 8th November, 1975 omitting part VI A of the Constitution; 2. the Proclamations (Amendment) Order, 1977 (Proclamations Order ...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 222
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....ion, the Supreme Court is the apex Court of the country and it has two Division-one is the High Court Division and the other is the Appellate Division and since the High Court Division is an integral part of the Supreme Court, the Tribunal is necessarily subordinate to the High Court Division and th......e High Court Division still has the authority to supervise and superintend the proceedings of all Courts and Tribunals Subordinate thereto. 11. Mr. Abdur Razzaq further submits that although the investigation report is yet to be submitted by the Investigating Agency, but the fact remains that i..Category: Criminal Law | Date: | Hits: 103
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....o.1856 of 2005. Judgment Syed Refaat Ahmed J.- In this Application, and upon a further consideration of a Supplementary Affidavit filed on behalf of the Petitioners and treated by this Court as part of the main Petition, this Court issued a Rule Nisi on 25-7-2005 calling upon the Respondents t...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ..Category: Property Law | Date: | Hits: 104
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
....to Narayanganj morgue for post‑mortem examination. On getting this information they went to the morgue, identified the beheaded dead body as that of Khasru and they also saw injuries on the various parts of the dead body inflicted by sharp cutting weapon. Thereafter, P.W.1 Tasar Ali Mia, the fathe......Constable No.323 Siddiqur Rahman and Constable No.993 Menhazuddin. 5. P.W.12 Paritosh Bonik, Officer‑in‑Charge, Bandar Police Station, endorsed the case to P.W.11 SI Khondker Zahidul Islam for investigation. He visited the place of occurrence, prepared the sketch map Ext. 4 with separate inde..Category: Criminal Law | Date: | Hits: 91
State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)
....Party were running hither and thither when two workers sustained injuries due to explosion. The Party Workers present there told that before the occurrence the member of Parliament and Whip of Ruling party Mr. Mirza Azam was found passing the front of the office of the Chairperson. In February, 2009...... of the said MR Gulshan PS. Case No.53 dated 24th February, 2010 under section 4 of the Explosive Substances Act was started. The respondent was arrested by the police on 28th February, 2010. After investigation police submitted charge sheet on 28th May, 2010 against 3 accused persons including th..Category: Criminal Law | Date: | Hits: 98
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