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Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520.......uddin and Md. Latafath Hossain rushed there and found the dead body of his son and that they brought the dead body at the house. Hence this case was instituted. The police on receipt of FIR, after holding an investigation submitted charge sheet in the case against the convict appellant Md. Rahama..Category: Criminal Law | Date: | Hits: 32
Taju and others Vs. State, 2007, 36 CLC (HCD)
.... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ......ircumstances and evidence on record of the present case. 37. Next point comes for our consideration is, that whether the trial Court totally misconstrued the decision reported in 53 DLR 475 in holding the immediate absconsion of the appellants after the occurrence to be the unimpeachable evid..Category: Criminal Law | Date: | Hits: 42
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ......ail appeal is not only contrary to law but also the established principle laid down in the case of Gahena vs State reported in 20 DLR (WP) 271 and Kamruzzaman vs State, reported in 42 DLR (AD) 219 in holding that the provision of section 35A of the, Code is quite inconsistent with the scheme of th..Category: Criminal Law | Date: | Hits: 43
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....ed at the Bar As the issue is the same in all the Rules and the submissions made on behalf of the parties the same, we heard them together and now, dispose of them by this order. 12. Facts are not disputed. The petitioner imported Hot Rolled Steel on payment of Customs duty, VAT and IDSC. Upon ......tual export of the finished goods as drawback expeditiously, preferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483...Category: Fiscal/Taxation Law | Date: | Hits: 93
Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....am vs. Chairman, BIWTA and others reported in 40 DLR (AD) 262. 13. He further submits that whether the petitioner Fida-ul-Huq is enjoying the property or Abu Daud is enjoying the property is a disputed question of fact and it cannot be settled in the instant writ petition. In support of his c...... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480...Category: Property Law | Date: | Hits: 34
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....Heba-Bil‑Ewaj in lieu of Jainamaj, Tajbih, and the Holy Quran is outside the purview of pre‑emption as contemplated under section 96 of the State Acquisition and Tenancy Act, 1950. 10. It is undisputed that the petitioner is a co-sharer by inheritance and by purchase in the case holding. It......tioner as pre‑emptor sought pre‑emption of the impugned Kabala under section 96 of the State Acquisition and Tenancy Act as an unnotified co-sharer by inheritance and as a purchaser in the case holding. His further case is, that the opposite party No. 2 sold away the case land by two registere..Category: Property Law | Date: | Hits: 37
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
.... building. In the circumstance, the plaintiffs-opposite parties filed Title Suit No. 98 of 1995 in the 3rd Court of Sub-Judge, Dhaka on 16-6-95 seeking a declaration of their lease-hold rights in the disputed shops, and that the defendant-petitioner had no right to evict them from their shops except......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ..Category: Civil Law | Date: | Hits: 77
.... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires.
Ed.
This Case is also Reported in: 59 DLR (2007) 470.
......of the application for dismissal of the Civil revision till obtaining of the judgment and order dated 8-2-2006 passed by the larger Bench of the High Court Division in Civil Revision No. 1701 of 2005 holding that the Civil Revision of which valuation is more than Taka 5,00,000 is not maintainable in..
Category: Property Law | Date: | Hits: 34
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463.......(i) Whether, in the facts and on the circumstance of the case, when the applicant filed return and complied with the requirement of section 35(3), the learned Taxes Appellate Tribunal is judicious in holding the opinion that disallowances, save and except legal disallowances (failed to satisfy the r..Category: Fiscal/Taxation Law | Date: | Hits: 99
Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)
....e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ...... reported in 28 DLR 389. 4. Mr. Khondker Mahbub Hossain, learned Advocate, appearing for the complainant, on the other hand, submits, that learned Magistrate took cognisance of the case after holding judicial inquiry where the complainant made his statement on oath which is sufficient compli..Category: Criminal Law | Date: | Hits: 27
Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....o. 60220 is hereby declared to have been made without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 451.......পী ঋন গ্রহীতা) is defined and submits that the definition given in the Statute is not attracted in the instant case since the petitioner has only 2.5% share of the total share holding of the company, and the company is the borrower and the petitioner has merely provided his p..Category: Banking Law | Date: | Hits: 125
Md. Ali Vs. State, 2007, 36 CLC (HCD)
....e thereunder. Said convict accused Lokman Hossair be treated to be at liberty if not connected with any other case. Records be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 441.......posite party represented by Deputy Commissioner, Chittagong as to why the Judgment dated 2-9-04 by Metropolitan Sessions Judge, Chittagong as appellate Court dismissing appeal No. 211 of 2004 up- holding Judgment, order of conviction dated 3-1102 by Metro Assistant Sessions Judge Chittagong in..Category: Criminal Law | Date: | Hits: 30
Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....ellants be set at liberty at once if not wanted in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433.......ence of the above witnesses at the place of occurrence house and they were not suddenly present there or on the announcement of the accused Zamir Ali". The learned trial Judge misdirected itself in holding that these PWs upon their apparent antecedents are reliable without considering the contra..Category: Criminal Law | Date: | Hits: 30
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....nd, vide Annexure-A should not be declared to have been made without any lawful authority. 2. The facts leading to the issuance of the Rule, in brief, are: The petitioner obtained lease of the disputed land measuring 0.27 acre of JL No. 275 appertaining to CS plot No. 475 pursuant to a deed o......y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ..Category: Constitutional Law | Date: | Hits: 200
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....murder with help of a group of his own pet terrorists i.e. co-accused persons led by Kajal Ahmed Jalali, who materialised the killing mission having deep-rooted criminal conspiracy. 120. It is not disputed fact that after the death of Wali Ashraf, Ex-Member of the Parliament from Brahmanbaria-6 C......n of the then Prime Minister, had given assurance in the matter of giving him nomination from the BNP. At that time, accused Dr. Roushan Alam and his followers tried to prevent the victim Shujan from holding his election campaign in the constituency. They filed a false rape case and managed to issue..Category: Criminal Law | Date: | Hits: 109
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
....With regard to the claim of the petitioner that the application of the opposite party No. 1 was based on a false representation, it is seen that at the end of the day the opposite party No. 1 has not disputed the User Agreement. The Managing Director of opposite party No. 1 admitted in paragraph No.......ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ..Category: Intellectual Property Law | Date: | Hits: 199
Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)
....istant Attorney-General, Mr. AKM Nurul Alam, while opposing the Rule submitted that the accused petitioners preferred this Miscellaneous application on the ground that they have lawfully acquired the disputed property from its lawful owner and also obtained decree from the competent civil Court decl......e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328...Category: Criminal Law | Date: | Hits: 28
Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
....ion in the Court of the learned Magistrate and subsequent release of children Feroze, Emran to the custody of their mother and child Haider in custody of his father by the learned Magistrate were not disputed. 8. PW 1 Nayak Nurul Islam in his deposition stated that on 19-5-1997 while performi...... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ..Category: Criminal Law | Date: | Hits: 84
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ......ow carrying cost, printing material cost, packing cost and VAT relating to the sample in addition to the value of sample under rule 65 (c) of ITO, 1984 ? (iv) Whether the Tribunal was right in holding that the allowances and benefit paid to the employees in case and as per agreement attracts ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
.... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ......ed occurrence took place on 13-3-2001. But the FIR was lodged on 16-10-2001. Thus we see that FIR was lodged long after 7 months and 3 days. The prosecution unsuccessfully took the plea that due to holding of salish, the ejahar was not filed in time. But none of the members of salish has come to d..Category: Criminal Law | Date: | Hits: 38
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