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Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
....court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ...... two brothers have fraudulently inserted their names as vendees with the plaintiff in 3 Kabalas. The said two brothers had not paid any consideration money nor they had possessed the suit land at any time and that there was no talk of reconveyance but the said two brothers in collusion with Nazar Al...... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ...... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ..Category: Property Law | Date: | Hits: 114
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....scharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......ames. The witness denied the defence suggestion that the accused-appellant were implicated falsely and unnecessarily in the case and that the seizure list witnesses were not examined at the place and time of the recovery of the arms and ammunition. 4. P.W.5 Abu Bakar the ASI of Police stated that......tness denied the defence suggestion that the accused-appellant were implicated falsely and unnecessarily in the case and that the seizure list witnesses were not examined at the place and time of the recovery of the arms and ammunition. 4. P.W.5 Abu Bakar the ASI of Police stated that he accompan......lshan PS Case No.9 (1) 92 under sections 395/397 Penal Code the police arrested accused-appellant SH Habibullah Hablu on suspicion on 30-1-92 and came to know from him that one SMG and some other firearms and ammunition were kept under the possession of accused-appellant Talebur Rahman alias Teleb a..Category: Criminal Law | Date: | Hits: 74
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
.... ......b Ali Sarder, Fazlul Haq and Abdul mannan called away his father from their house at night about three years ago and that mother of the witness (P.W.5) came to the door with a hurricane‑lamp at the time of departure of the deceased. 10. P.W.5 Mahinur Begum, wife of deceased Abdur Rashid, states......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ..Category: Criminal Law | Date: | Hits: 85
....Present:
Md. Gholam Rabbani J
M Bazlur Rahman Talukder J
Former Modern Shishu Hospital, presently Institute of Child Mother Health………………Petitioner
Vs.
Abdus Salam, son of Late Yusub Molla and another & 5 others.........Opposite Parties
Judgment
August 19, 1996.
......n of the two valuations. In doing so learned Arbitrator observed that he could not ignore the valuation fixed by the Deputy Commissioner on the basis of one hundred forty-five sale deeds. At the same time, it seems, learned Arbitrator could not ignore altogether the valuation he fixed in Arbitration......pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 160.......pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 160...
Category: Property Law | Date: | Hits: 84
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....r court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......alam Mawla, who was the Member of Union Parishad No.7 of Uzirpur thana stated in his deposition that on 6-7-2008 at 03-30 PM while he was in the Uzirpur Settlement Officer for his own purpose at that time he saw accused Md. Nurul Islam took Taka 3,000 as bribe from Abul Kalam Azad and then and there......efore the iniÂtiation and subsequent conviction is without lawful authority as well as without jurisdiction thus the impugned judgment is liable to be set aside. He lastÂly submits that the alleged recovery was made in pursuance of trap case which was not at all proved by the prosecution as such n......d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294...Category: Criminal Law | Date: | Hits: 142
....uired in any other case.
Ed.
This Case is also Reported in: 55 DLR (2003) 430. ......n illicit activities on behalf of a particular political organisation in order to tarnish and damage the image of the present Government and to create instability in the society he is maintaining all time relationship with various organisations and to deteriorate law and order the detenu is making s......t information to the detenu for making an effective and meaningful representation to the detaining authority. As regards the second part of the grounds of detention his contention is that for alleged recovery of illegal arms namely, foreignÂ-made revolver of 22 bore Kotwali PS Case No.26(12)2002 un...... detenu for making an effective and meaningful representation to the detaining authority. As regards the second part of the grounds of detention his contention is that for alleged recovery of illegal arms namely, foreignÂ-made revolver of 22 bore Kotwali PS Case No.26(12)2002 under section 19(ka) o..
Category: Criminal Law | Date: | Hits: 104
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
....s Vs. Md. Shamsul Alam alias Md. Alam…………………….Opposite Party Judgment April 1, 2002. Result: These Rules are discharged. Lawyers Involved: Mahmudul Islam, Advocate—For the Petitioners. MI Faruqui with M Saleemullah, Advocates—For the Opposite Party. ...... as the postal peon returned the same with the endorsement 'refused'. As the defendant of the respective suits did not contest the suit the court below rightly decreed the same ex parte. 4. At the time of hearing of the cases each of the defendant-petitioners examined 3 witnesses, on the other ha...... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ...... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ..Category: Procedural Law | Date: | Hits: 100
Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
....of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ...... the he has been sufÂfering from various complicated and serious illness endangering life and in support "For above menÂtioned diseases Mr. Iqbal Hasan Mahmood needs specialists treatment with long time follow up. In consideration of the aforesaid findings of the disÂeases the Medical Board obser......on the Medical Board statÂed as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......on the Medical Board statÂed as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ..Category: Criminal Law | Date: | Hits: 125
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....imited and others………………………Opposite-Parties Judgment August 19, 2010. Result: The Rule is made absolute. Cases Referred to- 15 MLR (AD) 20; 15 BLT (AD) 237; 15 BLT at page 425. Lawyers Involved: SB Bhandari with Shah Md. Munir Sharif, Advocates - For the Pet......er Order XXI, rule 58 of the Code of Civil Procedure to the executing Court to release the schedule property, in question. The said petition was registered as Miscellaneous Case No.27 of 2009. At the time of filing of the application a bond for 10% of the decretal amount was filed. The decree-holder......1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ......1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ..Category: Civil Law | Date: | Hits: 229
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....riminal Revisional Jurisdiction) Present: M M Ruhul Amin J Md. Fazlul Rahman J Yasinullah…………………………………………………………………Petitioner Vs. State………………………………………………………………………..Respondents ...... arising out of 2nd first information report is nothing but an abuse of process of the court and for securing the ends of justice the same is liable to be quashed. It is further submitted that at the time of recovery of the revolver from the possession of the accused person in the earlier case the p...... assaulted the informant and his men and accused Harun was caught by the informant party and on search one revolver was recovered from his possession and the other accused managed to flee away. After recovery of the arms, it was brought to the notice of the local UP Chairman and Member and police ca......nformant and his men and accused Harun was caught by the informant party and on search one revolver was recovered from his possession and the other accused managed to flee away. After recovery of the arms, it was brought to the notice of the local UP Chairman and Member and police came and seized th..Category: Criminal Law | Date: | Hits: 86
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... Court Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Shahnaj Begum Munni……………………Petitioner Vs. State and another……………………Opposite-parties Judgment May 12, 2011. Result: T...... drawer's signature differed. At a subsequent stage, as per the assurance of the accused-petitioner, the complainant presented the cheque to the Janata Bank again for encashment on 08-4-2009 and this time too, the cheque was dishonÂoured on the score of stopping of payment by the drawer. Anyway, on...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279....... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279...Category: Criminal Law | Date: | Hits: 120
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....¦Respondents Judgment February 10, 2010. Result: The Rule is made absolute. Cases Referred to- Mamun-ur-Rashid Vs. the Government of Bangladesh, 57 DLR 100; Bangladesh Biman Corporation Vs. Government of Bangladesh, 2000 BLD (AD) 230=5 BLC (AD) 169; Mazharul Huq (Capt.) Vs. Bangl......order and the Annexures. 9. Section 9(2) of the Public Servants (Retirement) Act, 1974 state as follows: "9. Optional retirement.— (1) A public serÂvant may opt to retire from service at any time after he has completed twenty five years of service by giving notice in writing to the appointi......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ..Category: Employment/Service Law | Date: | Hits: 157
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....d another…………....Respondents. Judgment October 29, 1991. Result: The rule is made absolute. Lawyers Involved: Dr. Rafiqur Rahman with Md. Ismail Khan, Advocates ‑For the Petitioners. Fakhrul Islam, Assistant Attorney General ‑ For the Respondent ...... as abandoned property under the said order have been issued: Provided that no such list shall include any building in respect of which‑ (a) any decree or order has been passed, at any time before the publication of the list in the official Gazette, by any court declaring the building......ar rent from the Rural Electrification Board which was their tenant. Thereafter, the petitioners filed Title Suit No. 81 of 1986 in the First Court of Munsif, Dhaka for declaration of their title and recovery of possession but during the pendency of the suit the Government listed the said property a......ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288...Category: Property Law | Date: | Hits: 90
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....earned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ......sulganj Bazar, about 250 yards from his residence. P.W.3 Jamaluddin who was the secretary of the Parishad and P.W.5 Abul Hossain, a rickshaw‑puller were then present inside the Office room. At that time the condemned prisoner Abul Khair together with appellants, Mosharraf Hossain and Mainuddin cam......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ..Category: Criminal Law | Date: | Hits: 116
Commissioner of Taxes, Dhaka Vs. MA Hossain & Co., 1992, 21 CLC (HCD)
.... the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282....... 66 of the Income‑Tax Act, 1922 the applicant preferred the following question of law for our decision: ‘‘Whether the Taxes Appellate Tribunal is justified in holding that the appeals are time barred counting the period of limitation of 60 lays from 15.1.86, when the order of the appella......cting the appeal on the ground of limitation we answer the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282.......cting the appeal on the ground of limitation we answer the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282...Category: Procedural Law | Date: | Hits: 103
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....lt: The Rule is made absolute. Case Referred to- Mukhtar Ahmed Vs. Government of Bangladesh and others, 34 DLR 29. Lawyers Involved: MI Farooqui with M Saleemullah, Advocates ‑ For the Petitioner. AY Salehuzzaman, Deputy Attorney General, with Fazlul Haque, Assi.......1984 Annexure F. Again he was directed to submit all the papers on 30.11.1985. The petitioner complied the direction by filing the papers and documents in support of his claim on 14.4.86. In the meantime the Ministry of Works by their Memo dated 29.12.79 requested the Ministry of Home Affairs to de......lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273...Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
..... Cases Referred to- Abdur Rahman, 46 DLR 116; 25 DLR 97; 32 Calcutta page 244; 41 DLR 168; Md. Badruddin Moral Vs. Santosh Kumar Sen, 41 DLR (AD) 156. Lawyers Involved: Abdul Hamid, Advocate - For the Plaintiff-Appellant-Opposite Parties. Md. Khairul Alam with Md. Shahidul Islam, Adv......ut being satisfied as to the essential ingredient of Order XIII, rule 1(2) of the Code of Civil Procedure which runs as follows: "1. Withdrawal of suit or abandonment of part of claim.- (1) At any time after the institution of a suit the plaintiff may, as against all or any of the defendants, wit......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434.......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434...Category: Procedural Law | Date: | Hits: 108
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....(1998) 306. ......s, that a proceeding cannot be initiated against a private person under sections 4 and 5 of the Anti-Corruption Act, 1957. On perusal of the record of this criminal revision we have found that at the time of issuing the Rule with reference to the principle laid down in the case of Abul Basher vs. St......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....is also Reported in: 50 DLR (HCD) (1998) 301. ...... complainant and also denied the execution of agreement to sell. The conduct of the accused-petitioner must not be overlooked. 15. In a case of cheating, the intention of the accused person at the time of commission of offence is to be seen and the consequence of the act or the series of acts is ......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ..Category: Criminal Law | Date: | Hits: 112
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
....s. Commissioner, Customs Excise and VAT and others................Respondents Judgment July 25, 2010. Result: The Rule is thus disposed of. Lawyers Involved: M Zahir, Senior Advocate with Muhammad Shafiqur Rahman Advocate - For the Petitioner. Murad Reza, Additional Attorney-......sary papers annexed with the petition mainly subÂmits that section 18 of the VAT Act does not require the VAT payee to obtain permission for registration of the change in information supplied at the time of VAT registration and Rule 12 of the VAT Rule does not speak or mention about payment of all ......by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
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