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Maudud Vs. State, 1998, 27 CLC (HCD)

....mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ......mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ......tion in the official gazette specially extend the provisions of the section. Rule 30 of the Arms Rules, 1924 provide that a licence for the possession of (a) cannon, (b) articles designed for torpedo service (c) rockets, or (d) machinery for the manufacture of the arms or ammunition, (e) continuous ..

Category: Criminal Law | Date: | Hits: 87

Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)

....idered the effect of the words used in section 52 “so as to affect the rights of any other party thereto under any decree or order which may be made therein” and observed that “the transfer is good except to the extent that it might conflict with rights decreed under the decree or order. It i.......42 acres of land out of total 84.58 acres of land described in schedule-Ka to the plaint by several sale deeds dated 19-7-1993 from the transferor-defendants. It further transpires from materials on record that the petitioners became aware of the institution of the suit on 21-7-1993, only two days ...... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341...

Category: Procedural Law | Date: | Hits: 74

Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)

.....92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29....... were not conveyed to him before taking the decisions. The respondent claims that the reasons were conveyed on 11.2.93 and it was received by the representative of the petitioner on 26.2.93. From the record it appears that the Rule was issued on 31.1.93 and it was received by the respondents on 15.2.......92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29...

Category: Constitutional Law | Date: | Hits: 238

Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)

....ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26.......ourt, Comilla in Title Suit No. 69 of 1965. 2. Respondent Nos. 1‑14 as plaintiffs filed the aforesaid suit of partition of the suit property claiming plaintiffs No. 1‑13 as heirs of one of the recorded tenant Rahmat Ali whose name was recorded in the CS Khatian Ext. 2 as owner of 0.08 annas s......ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26...

Category: Procedural Law | Date: | Hits: 85

Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)

....is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24.......r" which led to the occurrence. On completion of investigation, charge-­sheet was submitted under sections 302/34 of the Penal Code on 24.9.89 against all the four accused persons. 3. The case record was received for trial by the learned Additional Sessions Judge‑in‑Charge, Bagerhat, on 2......is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24...

Category: Procedural Law | Date: | Hits: 80

Captain Md. Mobarak Hossain, Master, ATM Dolores Vs. MT Dolores and others, 1994, 23 CLC (HCD)

....e plaintiffs aforesaid claim. In the circumstances, the application for attachment/arrest of the defendant No. 1 vessel is rejected. Ed. This case is also Reported in: 47 DLR (HD) (1995) 80. ......hipping Master to sign off the plaintiff from the article. The shipping master in turn by a letter dated 11.6.94 informed the plaintiff petitioner of the contention of the owners. There is nothing on record to show that the plaintiff controverted the allegation of the owners of the vessel nor any do......e plaintiffs aforesaid claim. In the circumstances, the application for attachment/arrest of the defendant No. 1 vessel is rejected. Ed. This case is also Reported in: 47 DLR (HD) (1995) 80. ..

Category: Civil Law | Date: | Hits: 99

Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)

....respondent had occasion to see him in the rice-patti of Rajbari Bazar when he was asked to meet him as he had a secret talk with him. The plaintiff‑appellant believing the defendant‑respondent in good faith went to see him at the shop of one Tafazzal Mia of the rice-patti where the defendant res...... and put the defen­dant into possession of the suit land? 2) To what relief, if any, the plaintiffs of both the suits were entitled? 11. The learned Munsif on consideration of the materials on record decreed both the suits in part by one judgment and observed in the same that Santosh Kumar Pa......ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70...

Category: Procedural Law | Date: | Hits: 129

Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)

....the date from which he was restrained from entering his office on 10-3-1991. Effectively, the MD accepted the judgment of the High Court Division in reinstating the petitioner, but we do not find any good ground for him to have backdated the reinstatement to the date of his second joining letter rat......s­ing the machinery amounting to Tk. 3, 09,703.46 from the monies due to the petitioner amounting to Tk. 4, 84,722. It was ordered to pay him the balance Tk. 1, 75,018.36. However, on perusal of the records, it appears that the petitioner took no part in the pur­chase of the said wrapping machine ......(Retd.) AK Mohammad Ali Sikder joined the Trust as Managing Director and Maniklal Bonik joined the Trust as Secretary, where­upon the petitioner again, by a written application, sought to rejoin his service. But since the new incumbents also did not respond favourably, the petitioner filed an appli..

Category: Employment/Service Law | Date: | Hits: 156

Abdus Sattar and another Vs. Md. Ali Hossain Prodhan, 2009, 38 CLC (HCD)

....er as to cost. The order of stay granted earli­er by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147.......e, committed an error of law, resulting in an error in the decision occasioning failure of justice. 5. The Rule is not opposed. 6. In order to appreciate his submissions 1 have gone through the records and given my anx­ious consideration to his submissions. 7. On going to materials on reco......er as to cost. The order of stay granted earli­er by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147...

Category: Civil Law | Date: | Hits: 95

Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)

....on of law. Therefore, the same stands rejected having been devoid of any substance. On the contrary the legal pleas taken by learned Counsel for the opposite party No.1 prevails and appears to have a good deal of force. 22. In view of the discussions made above and the preponderant judicial vies ...... declaration of title in the land described in the schedule of the plaint and for permanent injunction. 3. The plaintiff case put in a nutshell are that the suit land was originally belonged to RS record­ed tenant namely Sailendra Krishnaw, Pran Krishnaw and Gocul Krishnaw. Subsequently they tra......tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141...

Category: Procedural Law | Date: | Hits: 90

Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....Association. He is a conscious citizen of Bangladesh. He is keen to uphold the fundamental rights of the citizens enshrined in the Constitution of the People's Republic of Bangladesh. He has served a good number of years in the Sub-ordinate Judiciary and is thus conscious of the dignity, prestige an......edence. The respondent No.1 is further directed to submit an Affidavit-of- Compliance along with a copy of the new Warrant of Precedence in this Court by 13-5-2010 without fail.  103. Let the record be put up on 25-5-2010 for passing necessary orders.  104. The learned Counsel for th......ot be directed to place District Judges and other Judicial officers holding the rank of District Judges on a par with the holders of constitutional posts and above the positions of the persons in the service of the Republic in the aforesaid Warrant of Precedence and/or such other or further order or..

Category: Constitutional Law | Date: | Hits: 270

Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)

....from the date of receipt of the Judgment and order.  Communicate the order at once.  Ed.  This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......t/reduction/stop/nonpayment of the Honorarium was a malafide action of the Writ Respondents and same manifest from the nature and kind of the action complained of and is evident from the materials on record. The materials in the paper books clearly demonstrate that the action was anything but not fa......onth. Petitioner's No.44 having disability at 45% has been receiving at the rate of Taka 6750 though earlier he had received Taka 2004 per month. The petitioner No.66 after retirement from government service is drawing pension and he is known as rehabilitated disabled freedom fighter, according to r..

Category: Others | Date: | Hits: 149

Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)

....on petition to another Tribunal and erred in resorting to recounting of ballots without examining any of the Election Offi­cers to prove that the gunny bags containing ballot papers were received in good condition and that there was no tampering with the pac­kages. Lastly, he submitted that the El......on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297...

Category: Election Law | Date: | Hits: 159

American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)

....e following particulars namely: (i) Name of tax, rate, toll or fee; (ii) Rate or rates at which it is proposed to be levied; (iii) The annual estimated yield; (iv) The persons, properties or goods which will be subject to it; (v) Whether any exception is proposed (in addition to those pr...... be examined on consideration of the impugned decision itself. 6. A petition for writ of certiorari should make out a prima facie case showing that an illegal proceeding appears on the face of the record either because the Court or tribunal has acted without jurisdiction or exercised its jurisdic...... the ceiling inclu­des the light rate and conservancy rate as provided in clauses 13 and 14 respectively. 7. Now, let me examine the question whether the levy on street lighting and con­servancy service constitute tax, as held by the appellate authority, and as such, levies under these two head..

Category: Fiscal/Taxation Law | Date: | Hits: 156

Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)

....udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......as a non-profit making public welfare organisation. This has been or­dered to be deleted without any notice to the appellant and accordingly the principle of natu­ral justice is violated. 9. The records of the case show that the Ministry of Commerce took more than two years to issue the licence......veral times at the instance of the Govern­ment before the licence was granted. The chief business of the Association is weighment and measurement on all-country basis, which is fully described, this service being required essentially by the Steamers and Shipping agents, in Clause 3(36) of the Memor..

Category: Business or Commercial Law | Date: | Hits: 208

State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)

.... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ...... 3. During investigation police examined the witnesses under section 161 of the Code of Criminal Procedure and also produced accused Chora Hussain before the Magistrate, First Class, Brahmanbaria for recording his statement under section 164 of the Code of Criminal Procedure. 4. After completing ...... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ..

Category: Criminal Law | Date: | Hits: 122

Md. Nurul Alam alias Dr. Hazrat Shah Sufi Mohammad Nurul Alam Vs. Saleha Khatton and others, 2011, 40 CLC (AD)

....to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside." Preparation of paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 265.......to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside." Preparation of paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 265.......to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside." Preparation of paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 265...

Category: Procedural Law | Date: | Hits: 163

Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)

....erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ..

Category: Property Law | Date: | Hits: 93

IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)

....6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ...... opposite party Nos.2 and 3 for declaring the Directors of the Company as bankrupt. Petitioner filed application for time for filing written objection. Learned Judge fixed 13-9-2005 as it appears for service return but while the petitioner went for filing written objection, it was informed that the ..

Category: Procedural Law | Date: | Hits: 126

Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)

....Advocate for the petitioner is per­mitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......eque amount of Taka 11, 75,250 to the complainant oppo­site party No.2 and the opposite party No.2 accept­ed the said payment. 4. The learned Chief Metropolitan Magis­trate, Dhaka sent the case record to the Court of Metropolitan Sessions Judge, Dhaka by its order dated 2-4-2006. 5. The lea......Advocate for the petitioner is per­mitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ..

Category: Criminal Law | Date: | Hits: 113