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Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
....al Procedure and as a result, the appellant was prejudiced. Therefore, the conviction and sentence cannot be sustained. 11. Mr. Waliur Rahman Khan, learned Assistant Attorney-General, on the other hand, submits that 2 bottles of Phensidyl Exhibit‑ I and II series were produced before the Court ...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ..Category: Criminal Law | Date: | Hits: 43
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....ivil Court and consequently, the suit should have been dismissed as being not maintainable in law. 6. Nikhilesh Dutta, the learned Advocate appearing for the plaintiff-opposite party, on the other hand, submits that the impugned order of dismissal is a self-contained complete order without any re......l for dismissing a teacher. The Resolution Book was filed before the Court by the defendant after the close of the arguments by the contending parties. The Regulation Book is a brand new book with no note therein as to indicate anything why a new Resolution Book was necessary for dismissal of the pl..Category: Employment/Service Law | Date: | Hits: 72
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....ule 64A of Income Tax Rules 1984. In this connection the learned Advocate for the petitioner has taken us through the Annexure-Y2 to the supplementary affidavit which is a certificate given under the hand of chartered accountant in assessment return for assessment year 1991-92. Showing this Annexure......2-93 to 1997-98 are without lawful authority and 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: 54 DLR (2002)7. ..Category: Fiscal/Taxation Law | Date: | Hits: 132
....ed above, we think that it would be fair and reasonable, in the interest of Justice, for the Government to appoint a Special Public Prosecutor for this Particular case and not leave the matter in the hands of the incumbent Public Prosecutor or his deputies. We direct accordingly.”
8. It is appa......val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81...
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....e the evidence on record properly and came to, the wrong finding which requires interference. 9. Mr. Abdul Awal, the learned Advocate appearing on behalf of the plaintiff respondent, on the other hand, submits that in this matter it is an admitted fact that when the plaintiff applied for loan un...... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75...Category: Civil Law | Date: | Hits: 72
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... Principal, Chittagong Medical College and others vs. Shahrayar Murshed 48 DLR (AD) 33; Government of Bangladesh and others vs. Md. Tajul Islam 49 DLR (AD) 177; Shearer vs. Shield, 1914 AC 808. Ram Chandra vs. Secretary to Government of West Bengal AIR 1964 Cal 265, 272; Shearer vs. Shield 1914AC 8...... "The doctrine of 'legitimate expectation' has an important place in the developing law of judicial review, It is, however, not necessary to explore the doctrine in this case, it is enough merely to note that a legitimate expectation can provide a sufficient interest to enable one who cannot point ..Category: Employment/Service Law | Date: | Hits: 134
Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)
....ed any right of easement over said pathway along with other people. They also denied defendant No. 5 closed down the pathway by bamboo fencing. 7. Defendant No. 5, on the other hand, contended that the suit was bad far defect of parties and hit by provision of sections 42......with other people for more than twenty years. The plaintiff therefore must be held to have acquired a valid right of use of the pathway for egress and ingress by easement. 23. It may also be noted that suit plot No. 12 comprises of 33 decimals of land and the plaintiff has clearly demarcate..Category: Property Law | Date: | Hits: 30
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
.... bank. He was promoted to the post of Officer Grade-II (Cash) and ultimately, posted at Mymensingh Branch of the Bank. While he was working there on 13-5-1989 he met with a road accident and his both hands were fractured. He was under treatment for about 5/6 months and after recovery he joined in hi...... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ..Category: Employment/Service Law | Date: | Hits: 69
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....an and others vs. Bangladesh and others, 7 BLT (AD) 313. Lawyers involved: Hosne Ara Begum, Advocate—For the Petitioner. Md. Shamsrr Rahman, Advocate—For Respondent No. 3. Shahnawaz Akhand, Advocate—For Respondent Nos. 5 and 6. Writ Petition No. 1527 of 2001. Judgment Fara......uthorised by law for such purpose, and it is only then it will be enforceable by courts and other authorities. 19. Let us now examine the notification in the present case on the basis of the above noted observations. The notification dated 11-7-91 says that for rehabilitation and to make refunc..Category: Civil Law | Date: | Hits: 133
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
....lots and the Election Tribunal must record its satisfaction on the evidence or materials for the necessity of the recount of votes in the resolution of the election dispute. 17. In the case at hand, there is no dispute that the election petitioner never made any request to the Presiding Offic......feels aggrieved by a decision of the Election Tribunal within thirty days of pronouncement of the decision to the District Judge in whose jurisdiction the election in dispute was held. It should be noted that the District Judge has not been described as an appellate tribunal. District Judge here m..Category: Election Law | Date: | Hits: 99
.... from the respondent over a period of two years or more, a period that has concomitantly witnessed certain significant developments both in terms of a legislative enactment bearing on the matter at hand as well as of active judicial inter-vention spurring consequential positive action benefiting t......pital and assets with a machinery and equipment component of Taka 7.2 million was submitted before the respondent Ministry in due course.
4. It is against this backdrop that this Court further notes that the initial application for NOC, the non-consideration of which constitutes the premise f..
Category: Information Technology Law | Date: | Hits: 171
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....alek (Md) and another.......................Petitioners Vs. Sanowar Hossain and others……………………..Opposite Parties Judgment January 21, 2007. Cases Referred To- Jadav Chandra Mali vs. Abdul Khaleque 27 DLR (AD) 114; Hosne Ara Begum & others vs. Anowara Begum 37 DLR 15......er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ..Category: Property Law | Date: | Hits: 39
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
....hari, Chittagong for permanent injunction restraining defendant Nos. 1-11 from passing any scheme or from giving effect to the same for blocking the stream of Balukhali khal or its feeding canals at Chandpur Mouza and from diverting course of the khal in any way to foil the plaintiffs' scheme at Sha...... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ..Category: Property Law | Date: | Hits: 25
Lokman Hossain @ Md. Lokman Ali (Md) Vs. State, 2003, 32 CLC (HCD)
....ed-appellant pleaded not guilty and claimed to be tried. 5. In support of the case, prosecution has examined as many as 6 witnesses including Chemical Examiner PW 4 Md. Abdul Awal. 6. On the other hand, accused-appellant has examined none. The defence case, as it transpires from the trend of exam...... ii) Accused at the time of adulteration intended to sell such article as food or drink; or knew it to be likely that such article would be sold as food or drinks. It is pertinent to take a note of this submission of the learned Advocate for the accused-appellant because the main evidence ..Category: Criminal Law | Date: | Hits: 35
Faruq (Md) Vs. State, 2006, 35 CLC (HCD)
....ashfiqul Islam vs. State 6 BLC 705, Abul Hashan Mostafa 44 DLR 159, 50 DLR 515 and 41 DLR 167. 7. Mr. Nikhilesh Dutta, the learned Deputy Attorney-General appearing for the State, on the other hand, opposes the various contentions of the learned Advocate for the appellant and submits that the......at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ..Category: Criminal Law | Date: | Hits: 27
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
....8, 2006. Result: The Rule is discharged. Cases Referred To- Sadek Ali vs Suruj Ali and others 7 DLR 94; Abdul Kader Rari and others vs Kaiser Ahmed Howlader 3 MLR 227 = 4 BLC 17; Parkash Chand vs Hans Raj, AIR 1994 HP 144; Santosh Kumar Chakraborty vs MA Motaleb Hossain 36 DLR (AD) 248; ...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98...Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....1977(4) SCC 44; Creuze vs. Hunter, 2 Bro, CC, 449; Sheela Barse and another vs. The Union of India, AIR (1986) SC 1773; In re: Sessions Judge, Kalpetta, 1995 CriLJ 330; Pratap Singh vs. State of Jharkhand and another, 2005 (3) SCC 551; Sears vs. Oldfield (1985) 36 NTR 65; Johnson Johnson vs. Texas, ......or; that a false statement was recorded after detaining the accused in the police station for 3 days; that the Magistrate did not have the power to record the statement. He stated that at the time he noted Pronab Kumar as a Magistrate, First Class. He denied the suggestion that the confession was no..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....he defendant No. 1 is to execute and deliver a "Deed of Agreement "in respect of sale of the said apartment to the plaintiff and to execute a "Registered Sale Deed" on receipt of the full payment and hand over the possession of the apartment by June, 1998; that the defendants relied on such terms an......eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ..Category: Business or Commercial Law | Date: | Hits: 208
....sued by the respondent No. 2 wherein it was alleged that the petitioners said to have slipped the answer scripts outside the examination hall, got the answer scripts written from outside by different hand and got those attached with the answer scripts. The petitioners were asked to submit their expl......e said examination for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
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Category: Others | Date: | Hits: 72
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
.... the sittings of the Court will itself be meaningless. This, however, does not lead to the conclusion that a Labour Court may proceed to function without any member being present at all. On the other hand, even if a member is absent or ceases to be a member or incapable of sitting as a member, it ha......ny of the judgment it could not be gathered when the members were present in the proceedings of the case before the Labour Court though before the operative part of the decision and order it has been noted by the Chairman, Divisional Labour Court to the following effect: "বিজ্ঞ সদস..Category: Labour and Industrial Law | Date: | Hits: 108
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