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Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)

....udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ......ssions Judge cannot hear revisional applications under section 439A Cr.P.C. Section 439A Cr.P.C. empowers an Additional Sessions Judge to hear revisional applications under section 439A in respect of cases which may be transferred to him by the Sessions Judge. The learned Advocate submits that sub-s..

Category: Procedural Law | Date: | Hits: 116

Md. Siddiqur Rahman and others Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others, 2012, 41 CLC (HCD)

....n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......0-57 is not adequate and therefore, the respondents should also be directed to enhance the amount. 6. At the concluding stage of hearing, Mr. Khadem apprises the Court that he has retired from the case, but has not filed any application seeking leave of the Court to that effect. 7. Mr. J. K. P..

Category: Constitutional Law | Date: | Hits: 237

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

....ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ......Nos.1247 of 2008, 2515 of 2008 and 1284 of 2008. The Death Reference, Jail Appeals as well as the Criminal Appeals have been heard together and are disposed of by this judgment. 2. The prosecution case, in short, is as follows:- One Moulana Mohammad Ali (Md. Ali), Son of Moulana Md. Neyamot Al..

Category: Criminal Law | Date: | Hits: 99

Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)

....he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ......to the grounds assigned by the trial Judge with reference to the evidence he submitted that the trial Judge did not commit any illegality in acquitting the accused opposite parties. 4. Prosecution case is that, on 11‑11‑84 at about 11‑30/12‑00 AM accused Abdul Jalil and Ruhul Amin had bee..

Category: Criminal Law | Date: | Hits: 76

Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)

....ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ......6 of 1992 reversing the judgment and order dated 28‑3‑92 passed by the learned Assistant Judge, Muradnagar, Comilla in Miscellaneous (pre‑emption) Case No.3 of 1990 dismissing the pre‑emption case. 2. Opposite Party No.1 as pre‑emptor filed Miscellaneous Case No.3 of 1990 in the Court o..

Category: Property Law | Date: | Hits: 91

AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)

....al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ......filed Title Suit being No.66 of 1996 in the Court of Assistant Judge, Companygonj Noakhali against the opposite parties paying for cancellation of decree and not binding upon the plaintiffs; that the case of the plaintiffs is that Sultan Mahmud of village Charkali, PS Companygonj District Noakhali r..

Category: Procedural Law | Date: | Hits: 110

Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

....ence nor the allegations were allowed to be tested by any cross-examina­tion nor the application for removal of the Mutwalli was supported by any affidavit. This, in our opinion, has cut at the very root of the entire proceeding. Upon what materi­als the Administrator of Wakfs based his decision t......ivil Revision No.1500 of 1980. Judgment Abdur Rahman Chowdhury J.- While con­curring with the Judgment just delivered by my learned brother I would like to add a few words of my own. Here is a case which has unfortunately been dealt with by the Administrator of Wakf and the learned District J..

Category: Trust/Waqf Law | Date: | Hits: 134

Nazmul Hossain (Md.) Vs. State, represented by the Deputy Commissioner, Patuakhali and others, 1992, 21 CLC (HCD)

.... the charge as leveled against him. The accused is to be discharged from his bail bond immediately. Communicate this order at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 417. ......r rigorous imprisonment for one year and also to pay a fine of Taka 1000.00 in default to suffer rigorous imprisonment for a further period of six months under Martial Law Regulation No.11. 2. The case has a chequered history of its own and it will be seen from the following facts. It is the case..

Category: Criminal Law | Date: | Hits: 84

Rezaul Karim Vs. Rashida Begum and another, 1995, 24 CLC (HCD)

....87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ......87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ..

Category: Family Law | Date: | Hits: 133

Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)

.... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ......erroneous view of law and the same has seriously prejudiced the appellant. 4. No one appears for the respondents. 5. Order 9 rule 13 of the Code of Civil Procedure reads as follows: "In any case in which a decree is passed ex parte against a defendant, he may apply to the Court by which th..

Category: Procedural Law | Date: | Hits: 88

Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ......efund the said amount by an order dated 20‑2‑94 on the same ground of the claim being time barred under section 67 (1) of the VAT Act. 7. It is further stated in the petition that in a similar case, another importer Amena Traders, 9 Abhoy Das Lane, Dhaka also filed an appeal to the Collector ..

Category: Administrative Law | Date: | Hits: 192

Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)

....gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ......laration of title and recovery of khas possession after evicting them from the suit land. The said suit was dismissed on 27‑8‑76 and the plaintiff took an appeal. The appellate Court remanded the case to the trial Court for fresh trial after remand, the suit was decreed and execution was started..

Category: Property Law | Date: | Hits: 77

Bazlur Rahman Sikder Vs. Tahera Begum Shamima, 1998, 27 CLC (HCD)

....f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ......for the period of iddat for a sum of Taka 24,501.00 and in addition allowing maintenance for two minor sons at the rate of Taka 2000.00 a month till attainment of majority by them. 2. Facts of the case, in short, are that defendant‑petitioner Bazlur Rahman Sikder married plaintiff‑opposite pa..

Category: Family Law | Date: | Hits: 136

Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

.... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby dis­charged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ...... read with 29, 35, 36 and (kha)(4) of the VAT Act the Commissioner had to delegate power for issuance of any notice for the goods and services valued more than 5,00,000 (five lakh) and in the present case no such delegation of power was made by the Commissioner of VAT. 15. By another supplementar..

Category: Fiscal/Taxation Law | Date: | Hits: 168

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

....liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ......riod of 7 (seven) years, subject to reduction of the custody period of the convict appellants from their sentence as per provision Section 35A of the Code of Criminal Procedure. 2. The prosecution case, in short, is third one Md. Jammanur Hossain, ASI Kafrul Police Station DMP, Dhaka being the in..

Category: Criminal Law | Date: | Hits: 75

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......e RAJUK. Moreover, these inspectors have no background, training or experi­ence in compliance with the issues set out in Part 7 of the Code. This is confirmed by the fact that there has never been a case initiated by RAJUK for breach of any provisions set out in Part 7 of the Code. 13. Being agg..

Category: Labour and Industrial Law | Date: | Hits: 163

Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)

....akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ...... the school has no locus standi to file a suit challenging the formation of the managing committee of the school. He further submitted that the plaintiff failed to make out a prima facie and arguable case. He further submitted that the committee having started functioning since before the date of fi..

Category: Civil Law | Date: | Hits: 107

Md. Abul Mollah and another Vs. State, 2006, 35 CLC (HCD)

....l bond. 27. Send down the lower Courts record at once with a copy of the Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 184. ......o to pay a fine of Tk. 2,2001-in the former offence and sentencing each of them to suffer rigorous imprisonment for 2(two) years and also to pay a fine of Tk.500/- in the later. 2. The prosecution case, in brief, is that on 06-02-1991 at 13. 00 hours informant P.W.8 S.I. Nazmul Islam along with o..

Category: Criminal Law | Date: | Hits: 71

Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)

....ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ......1 of 2000 against the accused petitioners under section 447/323/382/386/506 of the Penal Code, before the Magistrate, 1st Class, Chakaria, alleging, inter alia, that the com­plainant is enjoying the case land peacefully by producing salt by employing cultivators. On 20.04.2003, the accused persons ..

Category: Criminal Law | Date: | Hits: 54

M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)

....earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ...... dated 18.10.2009 passed by the learned Joint District Judge and Artha Rin Adalat, Narayanganj in Artha Rin Money Execution Case No.41 of 1999 should not be set-aside. 2. The material facts of the case as nec­essary for disposal of the Rule are that the opposite party No.1, Janata Bank, Fatullah..

Category: Civil Law | Date: | Hits: 129