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....lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case.
Ed.
This Case is also Reported in: 55 DLR (2003) 430. ......itution arises out of an order of detention dated 24‑12‑2002 made by the District Magistrate, Dhaka.
2. The petitioner is the wife of the detenu. The petitioner has stated that the detenu is a law abiding citizen of Bangladesh and a Physician by profession. The detenu passed the MBBS from the..
Category: Criminal Law | Date: | Hits: 104
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
.... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ......31‑10‑1995 passed by the learned Assistant Judge, 4th Court, Dhaka allowing the said cases which were filed under Order IX rule 13 of the Code of Civil Procedure. As similar facts and question of law are involved these Rules have been heard together and are disposed of by this single judgment. ..Category: Procedural Law | Date: | Hits: 100
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
.... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......and 3800 litres diesel from the Serial Nos. 43, 44, 45 and 46 of the seizure list and 370 Kg Palm Oil 185 Kg Soybean oil not shown in the seizure list should not be declared to have been done without lawful authority and is of no legal effect. 2. Brief the facts of the case, are that, the petit..Category: Criminal Law | Date: | Hits: 94
Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
....on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......ant in favour of the state alleged to be disproportionate to his legal source of incomes. 3. After the declaration of the state of Emergency on 3rd February, 2007 the appellant was arrested by the law Enforcing Agency. On 18th February, 2007 when the appellant was in the custody, the secretary ..Category: Criminal Law | Date: | Hits: 125
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ......9. In this respect he argues that the Court will help the vigilant but not the indolent. His last submission is that the impugned judgment and order passed by the lower appellate Court being based on law should not be interfered with by this Court. 9. We should confine ourselves within the ambit ..Category: Civil Law | Date: | Hits: 229
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......desperate in nature in the locality and accused persons are always trying to take revenge against the informant party. It was further alleged that on 10‑2‑1999 the accused persons by forming an unlawful assembly attacked the house of the informant and when they raised hue and cry the accused per..Category: Criminal Law | Date: | Hits: 86
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......akim J.- Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order (Annexure A) issued by the respondent No.5 should not be declared to have been made without any lawful authority and is of no legal effect and why a declaration shall not be made that the petition..Category: Employment/Service Law | Date: | Hits: 157
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
....ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272....... goods and the impugned adjustment of Taka 10,90,585 made page at 72 of the VAT Register of the petitioner without any show cause under section 55 of the VAT Act, should not be declared to be without lawful authority and is of no effect and why they should not be directed to re-adjust the said amoun..Category: Fiscal/Taxation Law | Date: | Hits: 196
Commissioner of Taxes, Dhaka Vs. MA Hossain & Co., 1992, 21 CLC (HCD)
....cting the appeal on the ground of limitation we answer the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282....... AM Mahmudur Rahman J. -By this application under section 160(1) of the Income Tax Ordinance, 1984 read with section 66 of the Income‑Tax Act, 1922 the applicant preferred the following question of law for our decision: ‘‘Whether the Taxes Appellate Tribunal is justified in holding that ..Category: Procedural Law | Date: | Hits: 103
Dr. Sultan Ahmed Vs. AKM Fazlur Rahman and others, 1989, 18 CLC (HCD)
.... the court below are hereby affirmed. Order of stay passed by this Court earlier is vacated. Send down the LC records immediately. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 281. ......laintiff Serajul Islam who signed it on behalf of other plaintiffs. So, if the notice is considered along with Ext.7, it appears that the notice was legally issued by the plaintiffs as required under law and there is no lacuna in issuance and service of the notice under section 106 of the Transfer o..Category: Property Law | Date: | Hits: 108
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....lawful authority and the same 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: 44 DLR (HCD) (1992) 273.......2‑H/6‑14, Mirpur Housing Estate, Dhaka in the 'K' list published on September 23, 1986 in Bangladesh Gazette Extraordinary as abandoned property should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The respondent Nos.2 and 3 appeared and have..Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
.... to parties could be amended by filing a petition for amendment of the plaint. It was also noticed that the suit was an old one, which was once dismissed for default, and plaintiffs took no steps for amending the plaint during the long time the suit was pending. It is clear, therefore, that the disc......দাখিল করিতে পারিবেন। নিম্ন আদালতের নথী ফেরত পাঠান হউক।” Without application of mind with the facts and law of the case and thereby, committed error of law resulting in the error in the decision occasioni..Category: Procedural Law | Date: | Hits: 108
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......served as follows: “Further, objects and reasons of the bill should be considered in juxtaposition with the provisions of the Anti-Corruption Act. If we do this, it clearly appears that this new law and the reasons and purposes of the bill are connected with the public servants in the commissio..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......versal of the order initiating the proceeding. This Rule has its source in the maxim quado lex aliquid alicui concedit, concoders videtur id sine quo ipsa esse non potest which means that “when the law gives anything to anyone it gives also all those things without which the thing itself would not..Category: Criminal Law | Date: | Hits: 112
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
....by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......ng পত্র নং ৪র্থ/এ(১২)৫৫/মুসক-বিবিধ/২০০৬/১৮২০ issued by respondent No.1 (Annexure-F1) should not be declared to have been issued without lawful authority and is of no legal effect. 3. Background leading to this Writ Petition, in short..Category: Fiscal/Taxation Law | Date: | Hits: 269
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242.......lling down on the bed from sitting condition. She found blood, beside the right hand and cut on his waist. She pressed the injured place by her ‘sharee’ and 'blouse' and thereafter his brother-in-law Ohid Miah came to the room and asked her about the occurrence. In the meantime, so many neighbou..Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......d in that suit and filed an application under Order 7, rule 11 read with Order XIV, rule 20 of the Code of Civil Procedure praying for rejection of the plaint or in the alternative for hearing of the law points first. The learned Subordinate Judge, by the order dated 27-7-1999, rejected the said app..Category: Procedural Law | Date: | Hits: 108
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
....tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......e above, we find that the objection raised by the learned Deputy Attorney-General has no substance and we hold that this application is maintainable. 6. Mr. Mahabubur Rahman submits that he is the lawyer of the present petitioner who is an accused in jail killing case, namely, Lalbagh PS Case No...Category: Criminal Law | Date: | Hits: 105
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......d Advocate for the defendant-respondents, on the other hand submits that since the plaintiff-respondents had to file the cases in order to safeguard and protect their interest there was no warrant in law or in fact for the defendant-respondents to compensate the defendant-appellant for filing those ..Category: Property Law | Date: | Hits: 144
....stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
......cause as to why the execution and transfer of the property of the petitioner’s deity by the respondent Nos. 1-3 in favour of the respondent No.4 should not be declared to have been done without any lawful authority and to be of no legal effect or such other or further order or orders passed as to ..
Category: Property Law | Date: | Hits: 85
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