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Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ...... position under the English law or the Government of India Act, 1935, the position under the present Constitution of Pakistan is wholly different, for, by Article 98 (2)b(i) of the Constitution, a duty has been cast upon the High Court, whenever a person detained in custody in the provinces is b..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....Vs. Bangladesh and others reported in 50 DLR (AD) 11 wherein the Appellate Division held that: "...................These Inter-Ministerial Communications are merely policy guidelines as to how the excess and unutilized lands are to be treated but these instructions do not create any legal right i...... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ..Category: Property Law | Date: 9 Jan, 2008 | Hits: 20
....78,40,997.85 by crediting the sum to the Current Account of the petitioner.
Send down the lower court's record at once.
Ed.
This Case is also Reported in: 28 BLD (HCD) (2008) 18.
...... the VAT Act by opening two letters of credit.
5. After arrival of said goods at different customs ports of Bangladesh, bills of entry were submitted and the goods were cleared by payment of the duty and other charges and VAT of taka 78,40,947.85 and recorded said input VAT to the credit in the..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ......ase. 34. It transpires that the Court of Settlement has made a finding as to non-passing of title of the petitioner to the case property. In a case before the Court of Settlement, it is the duty of the court to decide the character of the property, whether abandoned or not. While deciding ..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
....omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
......goods at Chittagong Port four bills of entry were submitted on 02.11.05 for clearance of the goods for home consumption. Upon receipt of the bills of entry the customs authority assessed the goods to duty on the basis of the value certified in the CRF certificates at the rate of US$ 262 per metric t..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......gatory on the Public Prosecutor to examine any number of witnesses on the same point regardless of time. The failure of the accused to produce evidence does not relieve the Public Prosecutor of his duty to bring home the guilt to the accused. The burden of establishing the guilt of the accused i..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
....ara while her 2 sisters Orfun and Lado inherited 1 Kara each. She denied the defence suggestion that Orfun's husband Rustam Ali transferred her land to Khaleque or that Abdul Khaleque possess land in excess of his purchased land or that for that reason she lodged a G.D entry being No.837 dated 18-12...... heard from him (the deceased) about the occurrence in details and carried him to Patuakhali General Hospital by the engine driven trawler of one Bazlur Rahman. The Emergency Medical Officer, then on duty, examined him and declared him dead. He further stated in the FIR that he narrated to the other..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......34. P.W.17 Md. Yunus Ali, is the investigating officer of the case. In his evidence, he stated that on 9-4-2002 having received the written first information report by the informant, the officer-on-duty Mahbub Alam Bhuiyan registered the first information report and filled in the first information..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....ause notices for violation. That on 8-4-1999 the RAJUK by referring to its earlier letters clearly indicated the reasons for service of the notice i.e. the carrying out of construction of building in excess of the 6th floor limit. On 13-8-1998 RAJUK informed the writ-petitioners that construction of......3 for construction of a 22-storied building. It would also be relevant to note that the Rajdhani Unnayan Kartripakkha (RAJUK) was set up under the Town Improvement Act, 1953 and is entrusted with the duty of orderly improvement and development of Dhaka Metropolitan City. To achieve the objectives ..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
....ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. .......12. This witness stated that on 4-3-1999 he was posted to Sharsha Police Station under Jessore. Informant lodged this case by submitting a written First Information Report. ASI Quamruzzaman the then duty officer registered the case. The then Officer-in-Charge endorsed the case to him for investigat..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
.... also has given a separate statement with regard to the property. The
defendant No.2 since May 1977 declared that the property held by the plaintiff
is the property of his father and that is an excess land. The plaintiff is
living separately of the disputed land and such declaration as to exc......the appeal.
Consequently the appeal is dismissed without any order to cost.
Send down the lower
court records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
.... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386. ...... the prosecution beyond reasonable doubt that he or she, as the case may be, is guilty.………………………..(25) In a criminal case it is the duty of the court to review the entire evidence that has been produced by the prosecution and the de..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......prosecution in any way. In fact, the court cannot shut its eyes to the realities of this type of ghastly crime and accordingly would endeavour to evaluate the evidence on record. Therefore, it is the duty of the judge to scan the evidence, test on the anvil of human conduct and reach a conclusion wh..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ...... came into operation on 16-2-1972. Moreover, the Court of Settlement shifted the onus upon the Government to prove that the case property is an abandoned property. It has been well settled that the duty upon the person, who claims that the property is not an abandoned property, to show that at t..Category: Property Law | Date: 6 May, 2007 | Hits: 5
....discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
......rs the same cannot be put into auction sale in a subsequent execution case for execution of another decree, no matter whether the same is mortgaged to the bank in the subsequent suit. It was the duty of the bank to be more careful at the time of bringing the property in the first execution case..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ......eral and rape in particular is on increase, it is very much distressing that for commission of rape innocent persons are, also, trapped and brought in with ulterior and malafide motive. This places a duty on Courts/Tribunals to locate real offenders of sexual assault absolving innocent persons arrai..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......all be able to defend an accused of a murder case on getting spot appointment without going through the case record. When an accused is tried for an offence punishable with death, it is the incumbent duty of the concerned Judge to ascertain whether the accused needs any lawyer for his defence, if he..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ...... witness and others came to the place of occurrence and took the injured in a van as far as Gulistan and from there in a baby-taxi to Dhaka Medical College Hospital, where he was declared dead by the duty doctor. The witness identified accused Galu, Eunus, Shahjahan and Gaira in Court and stated tha..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
....tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ......s. Nirmal Chandra Dutta and another reported in 56 DLR(AD)143 wherein it is held: "Code of Civil Procedure Section 107 In view of the contentious submissions of the parties, it was the duty of the Courts below to send the impugned documents to Handwriting Expert for opinion. Such opin..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
..... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ...... Syed Amirul Islam J.-This Rule was issued calling upon the respondents to show cause as to why the demand notice dated 02.11.88 on the petitioner for Tk. 40,77,953.00 as excise and Regulatory duty (Annexure-E) and the order dated 21.11.91 passed in revision (Annexure-H) shall not be declared..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
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