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Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......trate to make a written complaint alleging the nature of the order made by him which was alleged to have been disobeyed by accused and the manner of violation in order to form an opinion that accused persons have committed an offence punishable under section 188 of the Penal Code. He can also direct..Category: Criminal Law | Date: | Hits: 57
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ...... the previous year but is accumulated, or finally set apart, for application to such purposes of taxable territories, such income shall not be included in the total income of the previous year of the person in respect of the income provided the following conditions are complied with namely: (a) s..Category: Fiscal/Taxation Law | Date: | Hits: 99
....sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145.......e for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to atten..
Category: Criminal Law | Date: | Hits: 41
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......dence of PWs 1 and 2 that Md. Ismail has not been heard of since 24-12-71. In this view of the matter, we hold that section 108 of the Evidence Act is applicable in the present case which says that a person is presumed to be dead if he is not heard of by his family members and relations for more tha..Category: Property Law | Date: | Hits: 116
....efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136.......tted the copy of the reply to the Enquiry Officer. The reply dated 14-2-94 has been annexed to the petition as Annexure-I.
12. The enquiry officer accordingly, held the enquiry on 17-4-94 and gave personal hearing to the petitioner. The enquiry officer submitted his report stating, inter alia, th..
Category: Employment/Service Law | Date: | Hits: 72
Mukit and others Vs. State, 2011, 40 CLC (AD)
....in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......n 16th June, 1993 at about 8 a.m. the occurrence took place towards the northern side of the house of Fazir Uddin since deceased over felling and selling of some trees. It is alleged that the accused persons forming an unlawful assembly trespassed into the place of occurrence and at one stage they..Category: Criminal Law | Date: | Hits: 49
Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)
.... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133.......graph No.19(2) of the Fourth Schedule to the Constitution as enacted by the Constitution (Seventh Amendment) Act, 1986 and we hold that where an order was passed under Martial Law Order 9 of 1982 the person affected thereby having had filed review petition before the competent authority has a right ..Category: Employment/Service Law | Date: | Hits: 78
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129.......o.162 of 1991, to answer charges under section 493 of the Penal Code to which he pleaded not guilty and contended that he has been falsely implicated in the case at the instance of the some designing person. 4. At the trial the prosecution examined four witnesses in support of its case and the de..Category: Criminal Law | Date: | Hits: 67
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ......n shall lie as of right where the High Court Division— (a) Certifies that the case involves a substantial question of law as to the interpretation of this Constitution; or (b) has sentenced a person to death or to (imprisonment) for life; or (c) has imposed punishment on a person for cont..Category: Fiscal/Taxation Law | Date: | Hits: 90
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......share holder to the extent of 15% in the said Ben-Lub Pte Ltd. In course of its business, the said company took loan from two banks namely Dhaka Bank Ltd. and Bank Asia Ltd. The petitioner was also a personal guarantor against the said loans. Due to financial strain the company defaulted in payment ..Category: Civil Law | Date: | Hits: 167
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 169
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....s are made without any lawful authority and 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: 55 DLR (2003) 233.......minal offence under the above penal sections. From perusal of annexure-A it does not show that any proceeding was pending before any court or to any investigating agency for investigation against any person regarding those documents or there was any allegation or information regarding any particular..Category: Anti-Corruption Laws | Date: | Hits: 153
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
.... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374.......ecial Martial Law Court No.4 was mala fide and coram non judice. It appears that the petitioner also instituted Money Suit No.3 of 1995 in the Court of Subordinate Judge, Noakhali against a number of persons including respondent No.3 claiming damages for malicious prosecution and wrongful imprisonme..Category: Criminal Law | Date: | Hits: 56
State Vs. Rabiul Hossain alias Rob, 2000, 29 CLC (HCD)
.... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370.......accordance with law. 5. In this connection the provisions of Chapter XII of the Legal Remembrance’s Manual, 1960 may be taken into consideration. The provision is to the effect that- “Every person charged with committing an offence punishable with death, shall have legal assistance at his ..Category: Criminal Law | Date: | Hits: 47
....the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231.......nt of the Labour Court, if it can be ascertained that any sum of money was directed to be paid but the offender refused or failed to pay the said ascertained sum as per direction made by it, then the person who is entitled to the said sum of money may take shelter of the Labour Court under section 2..
Category: Labour and Industrial Law | Date: | Hits: 184
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ...... basis of oral gift from her husband Chandra Kumar Paul is valid in law. The learned Advocate submits that since donor and the donee both belong to Hindu community, provision of Hindu Law being their personal law shall prevail over the provision of the Transfer of Property Act and the oral gift is t..Category: Property Law | Date: | Hits: 51
....devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......e for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to atten..
Category: Anti-Corruption Laws | Date: | Hits: 191
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
.... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ......oner did not get the final payment of compensation. The petitioner claims that the possession of the land was not handed over in favour of the Government. The petitioner, thereafter, along with other persons whose land were requisitioned in the aforesaid LA Case comprising the same plot made an appl..Category: Criminal Law | Date: | Hits: 37
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
....ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ......e constituted a Review Committee for the purpose of reviewing valuation of imports under preshipment inspection scheme consisting of such number of members as the Government may determine. (2) Any person aggrieved by any decision of the Review Committee may prefer an appeal to the Appellate Tribu..Category: Fiscal/Taxation Law | Date: | Hits: 93
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....No. 1, Dhaka for making an inquiry into the allegations made by the petitioner as well as allegations made by the employees against the petitioner and notice was issued under Memo dated 9-2-95 by the Inquiry Officer to the parties concerned and report was submitted by the said Inquiry Committee. On ...... service of the petitioner has been finally made by the competent authority. The jurisdictional question is involved in this case, an action has been taken in the form of departmental proceeding by a person who is not legally competent to do that. Unless a final decision is made by higher Administra..Category: Employment/Service Law | Date: | Hits: 71
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