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Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......suit. The learned Single Judge found that Tamijur Rahman, the son of plaintiff Pearjan has given a genealogy, which was not challenged in cross-examination, and that fact found corroboration from the recording of the khatian Ext.3. The first appellate Court, did not take note of the fact, that he wa......is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......criminal proceeding against the petitioner will be an abuse of the process of the court. No one, however appeared before the High Court Division in support of the rule and the High Court Division recorded the order that no interference is called for as the learned Judge were satisfied "a prima f......and the Bank Rules. He lodged the F.I.R. on 15-5-75 alleging (a) that during last demonetisation of 100 taka notes accused Sultan Hossain committed gross, irregularities and he was suspended from the service of the Bank by order of the Head Office dated 25-4-75 pending enquiry into the matter; (b) i..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....r participate in social or economic affairs in the public interest”. 61. This may happen in a wide variety of ways. For instance a body is performing a public function when it provides ‘public goods’ or other collective services, such as health care, education and personal social services, ......ed to by someone of his subjects who complains of an injustice done him by an inferior Court, whereupon the sovereign, saying that he wishes to be certified-certiorari- of the matter, orders that the record etc be transmitted into a Court in which he is sitting “(R Vs. Titchmarsh, 1915, 22 DLR 272......r administrative purposes, for example, to direct the Sherif to find out whether one who has been granted the ‘King’s protection in ferrying in the city, instead of journing forth in the King’s service’, the Escheat or to certify into the Chancery the value of the Knights, to bring into the ..Category: Property Law | Date: | Hits: 159
....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......y of State for Home Department, ex-parte Oloniluyi (1989 Imm. A.R 135); R Vs. Gaming Board of Great Britain ex parte Kingsley 1996 COD 241; R Vs. Commissioners of Customs and Excise exparte F & 1 services Ltd EWCA Civ 762); R Vs. Department of Education and Employment, exparte Begbic (2000 1 WLR..
Category: Civil Law | Date: | Hits: 218
Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... the appellant and another named Kalu had accompanied him in commission of the occurrence. The trying Judge thus rightly passed the impugned judgment and order. 8. We have examined the evidence on record and gone through the impugned judgment and order. It appears that P.W.1 Serajul Haque though ......ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 95
Mohibul Alam Vs. State, 2012, 41 CLC (HCD)
....ions Judge, Court No. 3, Kushtia in Session Case No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......en ready for trial was sent to the Sessions Judge, Kushtia and was registered as Session Case No. 86 of 2007. Learned Sessions Judge took cognizance of offence against the appellant and sent the case record to the Third Court of Assistant Sessions Judge, Kushtia for hearing and disposal. Learned Ass......ions Judge, Court No. 3, Kushtia in Session Case No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 81
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
.... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......facts and circumstances of the present case, the judgment and order of conviction has been rightly passed and there is nothing to interfere with by this Court. 15. We have examined the evidence on record and considered the submissions of the learned Advocates of both the sides. It appears that no...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 119
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......oner has acquired to legal right by the said decree. 7. Heard the learned advocates of both the sides, perused the writ petition, affidavit-in-opposition, affidavit-in-reply and material papers on record. Since the suit and the decree in the instant matter are developments that to place after pub...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ..Category: Property Law | Date: | Hits: 127
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... questions in the negative and against the revenue department and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ......dingly, he worked out the surplus amount of 23,41,958 as investment under subsection 3 of section 19 of the Ordinance, which he deemed to be income from other sources. 14. It also appears from the record as stated hereinabove that the Deputy Commissioner of Taxes recorded his order dated 25-5-97 ...... questions in the negative and against the revenue department and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......e - For the Opposite Parties. Civil Revision No.697 of 1997. Judgment Md. Momtaz Uddin Ahmed J.- The Rule was issued at the instance of the defendant No.6 on the following terms: "Let the records be called for and a Rule issue calling upon the opposite party No.1 show cause as to why the......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......accused petitioner and others under section 161/165A/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. In due course the Senior Special Judge received the case record and registered the same as Metropolitan Special Case No.3 of 2008. The learned Metropolitan......bearing to do any official act, or for showing or for bearing to show, in the exercise of his official functions, favour or disfavour to any person, or for rendering, or attempting to render, any service or disservice to any person, with the Government or Legislature, or with any public servan..Category: Criminal Law | Date: | Hits: 156
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......rd party mortgagor (herein petitioner) and also to encash the bank guarantees before publishing the auction notice. But the bank published the auction notice without encashment of bank guarantees and service of prior notice upon the petitioner, and held the auction ignoring the proposal to sell the ..Category: Civil Law | Date: | Hits: 129
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....onal mechanism in lieu of non‑party caretaker Government system. 44. The democratic and political culture is yet another important and indispensable factor in establishing democratic society and good governance in the country. Every democratic political party should not only, be committed but m......t observe the formalities provided in clauses (1A), (1B) and (1C) to Article 142 of the Constitution. In the result, the Rule is discharged without any order as to costs. 46. In conclusion, we record our deep appreciation of the valuable assistance rendered by the learned Attorney‑General a......sion. 9. Section 5(2) of the Representation of the People Order, 1972 should be amended to include the word "and the law enforcing agency" after the word "Government" in the first line to make the service of the Defence Services of Bangladesh and other law enforcing agencies available for holding..Category: Constitutional Law | Date: | Hits: 215
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......as produced before the Court who expressed his desire to make statement under section 164 of the Code of Criminal Procedure and accordingly he was forwarded to Mr. RK Das, Metropolitan Magistrate for recording statement and the accused made the statement and thereafter he was sent to jail hazat. ...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ..Category: Criminal Law | Date: | Hits: 164
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ..Category: Criminal Law | Date: | Hits: 111
Abdul Gafur Sarder and another Vs. State and another, 1982, 11 CLC (AD)
....ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ......ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ......ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ..Category: Criminal Law | Date: | Hits: 97
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....ithdrawal is not a matter of course, but involves the exercise of judicial discretion. The direction of Addl. Superintendent of Police to withdraw without disclosing the ground was held not to be a good ground to give consent to withdraw. We like to refer to two latest decisions of the High Court ......ration attending or relevant matters and circumstances. It is true that the Court is not required to record its reasons, though it may be desirable so to do. There must however, be some material on record disclosing reasons or grounds, on which the consent of the court was given. We, therefore,......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
....t and Commerce International, briefly stated "BCCI", to the extent of Tk. 60,00,000/- (Taka sixty lacs) by executing a Demand Promissory Note and deed of hypothecation of raw materials and finished goods as security, applied for raising the limit to Tk. 90,00,000/-. The bank allowed the responde......a deed of hypothecation of goods and these two securities were also duly stamped under Article 6 of Schedule I. Secondly, the Mortgage-deed describes itself as a 'collateral/auxiliary security"; it records that the mortgagee, namely the BCCI required ''mortgage" of other assets and landed proper...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... at the relevant meeting, which was conspicuously attended by the sufficient number of members to form the quorum. He continued to submit that no impropriety or illegality whatsoever appears from the record, either at the inception or during the progression of the meeting in question. He continued t...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 133
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