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.... submitted a survey report dated 13‑9‑1993.
30. In cross‑examination, he however, stated that the inquiry officer would not depose. He could not say how the inquiry officer went to the plot. Inquiry was held secretly.
31. Md. Iqbal Ahmed Bhuiyan, defendant No.7, was examined as DW2. He s......hearing the lessee revoked their earlier orders and allowed the lessee to continue but in the case of the plaintiff the board did neither consider the representation of the plaintiff nor give him any personal hearing before cancellation of the lease.
14. Lastly, he submitted that from the letter ..
Category: Property Law | Date: | Hits: 73
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......prosecution evidence. Subsequently on the same day after rising of the Court, witness Dr Rehana Khan filed Hajira. Then by order No. 123 of that day, the tribunal fixed for examination of the accused person under section 342 of the Code to examine that witness. 4. The facts relevant to the case, ..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ...... he had initial treatment at Mathbaria Hospital and thereafter at Barisal. It was further alleged in the complaint petition that delay occurred in lodging it at the instance of the local influential persons who proposed to settle up the matter amicably. Medical Certificate was also furnished along ..Category: Administrative Law | Date: | Hits: 223
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
.... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ...... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ..Category: Criminal Law | Date: | Hits: 48
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
..... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......f the said Act. Under section 339 B of the Code of Criminal Procedure after compliance with the requirement of sections 87 and 88 of the Code, if any Court sustains reasons to believe that an accused person has absconded and there is no immediate prospect of arresting him the Court shall by order pu..Category: Criminal Law | Date: | Hits: 63
.... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
......, inter alia that the writ petition is not maintainable inasmuch as a Trade Union cannot maintain an application under Article 102 of the Constitution in its representative capacity as it is not “a person aggrieved” within the meaning of that expression in the Article, that under the Service Rul..
Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Shah Alam, 2003, 32 CLC (HCD)
.... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ......jibor Rahman. They found various injuries on the dead body of Jannati Khatoon and a small container of coconut oil lying by the side of the dead body. She was suspected to have been killed by unknown persons at or after 5‑00 PM on 28‑6‑1998 while on her way to Chandihara Hat. PW 1, i.e. the fa..Category: Criminal Law | Date: | Hits: 54
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
....fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ......ul authority and of no legal effect. The Rule has been discharged by their lordship of the High Court Division holding that there is no merit in the Rule as well as the petitioner is not an aggrieved person observing, amongst others, that the petitioner did not pray that, the non-approval of the dis..Category: Civil Law | Date: | Hits: 90
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
....sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ...... in the dock in the Court. 26. Now, let us see whether the ingredients of dacoity have been proved by the prosecution. The essential ingredients of the offence is the cooperation of five or more persons to commit or attempt to commit dacoity. The offence of dacoity is the conjoint act of five o..Category: Criminal Law | Date: | Hits: 54
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ......ase shall be disposed of in the manner provided by section 429. (2) No order under this section shall be made to the prejudice of the accused unless he has had an opportunity of being heard either personally of by pleader in his own defence. (3)...................................................Category: Criminal Law | Date: | Hits: 82
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ......l Metropolitan Sessions Judge including the learned Metropolitan Magistrate did not commit any illegality in passing the impugned orders in that the accused petitioner in collusion with other accused persons got the truck registered from the authority of BRTA, Rangamati by submitting forged papers a..Category: Criminal Law | Date: | Hits: 45
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208.......Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208...Category: Criminal Law | Date: | Hits: 39
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ......e with regard to the filing of the complaint by authorised official of the bank, we are of the view that it can be performed by the duly authorised officer of the bank. That the bank being a juristic person can maintain such a petition though his attorney and it is settled and undisputed. The decisi..Category: Banking Law | Date: | Hits: 237
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......he accused with field parcha by opening new Buzrat Khatians and the petitioner in his capacity as an Assistant Settlement Officer, by abusing his position, as such, obtained for himself and for other persons pecuniary advantage and attested the Khatians on the basis of the fabricated deeds in spite ..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......ag. Mizanur Rahman has made a GD Entry over the missing of Akimul. 4. On the basis of an first information report lodged by PW1 Md Lokman Hossain, the police has started a case against the accused persons and submitted charge-sheet against them after concluding investigation. The case record has ..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......lusion. Reasonable doubt arises from a consideration of all evidences in a fair and reasonable way and on consideration of all evidences if a reasonable doubt arises that must be given to the accused persons. It is observed here that danger of exaggerated devotion to Rule of benefit of doubt at the ..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ......ve Tribunal and not in the writ jurisdiction. He has further submitted that under Article 133 of the Constitution Government is empowered to regulate the appointment and conditions of services of the persons in the Service of the Republic and accordingly, by Act XX of 2000 Government has changed the..Category: Employment/Service Law | Date: | Hits: 116
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......nate legislation to a non‑legislative body. In the case of Income tax Officer, Alleppey Vs. 1 MC Pon-noose and others, AIR 1970 SC 385, it was held that “where any rule or regulation is made by a person or authority to whom such powers have been delegated by the legislature it may or may not be ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......day and a place named. 8. The meaning of 'Bail' as found in Law Dictionaries and Judgments of Apex Courts are as hereunder. 9. The 'Bail' means as per Wharton's Law Lexicon, to set at liberty a person arrested on security being taken for his appearance." 10. The 'Bail' as per the Encycloped..Category: Criminal Law | Date: | Hits: 79
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
.... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ......r Lordships in the Appellate Division held that the initial presumption of the court would be that the official act has been duly and regularly performed. In such circumstances the onus lies upon the person who challenges that the fixation has not been duly done. However their Lordships in the Appel..Category: Fiscal/Taxation Law | Date: | Hits: 79
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