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.... out of the record.
Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 44.......t in previous PS Case No.12(5) 2000 no trial was held and that the accused were neither convicted nor punished and, as such, there is no bar to a second trial if charge is framed in accordance with law.
12. In this connection, it is important to note that the High Court Division was misled by t..
Category: Criminal Law | Date: | Hits: 85
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......writ petition before the High Court Division challenging the letter vide Memo No. Moshi Bim/Sha-7/28/96-97(Angsh-1)206/1(2) dated 02.08.1999 signed by writ-respondent No.4 to have been passed without lawful authority and is of no legal effect and also for direction upon the writ respondent-petitione..Category: Employment/Service Law | Date: | Hits: 119
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....by way of promotion from the post of POs and Stenographers, the only change made is that in place of PA-cum-Stenographer it has been written as Personal Officer (PO). Thus it is clear that even while amending the schedule to the Bidhimala, in 2010 the observations and the directions given in the imp......গ বিধিমালা, ২০০০ in so far as they treat the Bench Readers as Third Class Non-Gazetted Officers instead of First Class Gazetted Officers to have been issued and made without lawful authority and are of no legal effect. The petitioner also sought direction upon the present a..Category: Employment/Service Law | Date: | Hits: 127
State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)
....ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:...... judgment by misreading, misquoting and misunderstanding the evidence on record especially that of P.W.29 and P.W.52; as such the judgment is perverse. II. Because the High Court Division erred in law by not properly applying the well settled principles of law regarding circumstantial evidence an..Category: Criminal Law | Date: | Hits: 191
Mainuddin Vs. State and another, 2010, 39 CLC (AD)
.... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......nikgonj, who after hearing both the parties allowed the revision and set aside the order of the Magistrate directing further investigation and directed the Magistrate to take steps in accordance with law. The learned Magistrate thereupon examined the complainant, held an enquiry under section 202 of..Category: Criminal Law | Date: | Hits: 66
.... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ......ing it to submit the copy of the treasury chalan after depositing the demanded Value Added Tax (VAT) as per the provisions of the Value Added Tax Act, 1991 (the VAT Act) to have been issued without lawful authority and is of no legal effect. Accordingly, the Rule was issued.
3. The case of the ..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......nga Bai Vs. Vijay Kumar, Air 1974 SC 1126 it has been observed: "the power to allow an amendment is undoubtedly wide and may at any stage be appropriately exercised in the interest of justice, the law of limitation notwithstanding. But the exercise of such far reaching discretionary powers is g..Category: Civil Law | Date: | Hits: 86
Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)
....nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......porary injunction, written objection and the documents of possession annexed with the supplementary affidavit filed by the appellant-petitioners in the Civil Rule. We have also consulted the relevant law of temporary injunction especially Order XXXIX rule 5A (3) of the Code, in view of which we do n..Category: Civil Law | Date: | Hits: 67
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......0 of 1975.) Judgment Kemaluddin Hossain CJ.- Leave was granted to consider three questions which are as follows:- 1. Whether the Courts below on the evidence on record were well founded in law in holding, that the tenant did not deposit the rent in compliance with the provisions of Rent C..Category: Property Law | Date: | Hits: 87
M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)
....ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......en that this tax has been levied under item 43, clause (c) of the Third Schedule whereas, it should be clause (e). Third Schedule is merely the legislative list dealing with the matters from making laws by the legislature. Clause (e) deals with corporation taxes and taxes on income other than agri..Category: Fiscal/Taxation Law | Date: | Hits: 131
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......summarily dismissing the writ petition No.416 of 1976 filed by the appellants, for declaration that the impugned Notification No. S-VI/3R-2/76/17 dated 6.7.76 issued by Respondent No.1, was without lawful authority and for directing Respondent No.1 to cancel, withdraw that or rescind the said No..Category: Fiscal/Taxation Law | Date: | Hits: 112
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
.... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165.......r notice demanding justice on the Commissioner of Income Tax investigation (now north) Dacca being respondent No.2 on 10.4.1974 for directing respondent No.1 to grant the necessary relief under the law. Having not received any reply from the said respondent No.2 the appellant, moved the High Cou..Category: Fiscal/Taxation Law | Date: | Hits: 122
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......icient cause for non-appearance when the suit was called on for hearing and whether the impugned judgment and order of restoration of the suit on setting aside the ex parte decree was well-founded on law within the meaning of Order 9 rule 13 of the Code of Civil Procedure. 3. For the purpose of a..Category: Procedural Law | Date: | Hits: 80
Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)
....92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170.......the respondents to show cause as to why the judgment and decree passed by the respondent No.1 in Artha Rin Adalat Suit No.248 of 1991 on 16-7-92 should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. Short facts for the disposal of the Rule are th..Category: Civil Law | Date: | Hits: 71
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......ideration of a material witness or a material piece of evidence of the witnesses of a party or any important document is a serious legal infirmity which renders the impugned decision unsustainable in law. In the instant case, while, decreeing the suit the learned trial Court totally ignored the evid..Category: Procedural Law | Date: | Hits: 68
Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......riminal Miscellaneous Case No. 1219 of 1995 with Criminal Miscellaneous Case No. 303 of 1996. Judgment Kazi AT Manowaruddin J.- These two Rules have been heard together as the facts and law involved in them are same and both Rules are now being disposed of by this judgment. 2. These..Category: Criminal Law | Date: | Hits: 71
Aslam Vs. State, 1998, 27 CLC (HCD)
....ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......1995 was started against the accused-appellant under section 19A and 19F of the Arms Act. The police after investigation submitted charge sheet against the accused-appellant under the same section of law on 13-2-1996. Thereafter, it appears from the paragraph 3 of the memo of appeal that the accused..Category: Criminal Law | Date: | Hits: 65
Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)
....tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......ession in the suit land and, as such, the suit is liable to be dismissed. 4. In due course of time the plaintiff was examined as a witness and on 15-11-93 he was duly cross-examined by the defence lawyer. Thereafter, on 26-2-94 the plaintiff filed an application for re-examination of P.W.1 on the..Category: Property Law | Date: | Hits: 66
....down the lower Court records immediately.
Cost assessed by the lower Court in respect of the share of the suit land is maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
...... possessing the suit plot which is an undivided house for more that 30 years and he is entitled to buy the same under section 4 of the Partition Act and the learned Additional District Judge erred in law in deciding the case under section 4 of the Partition Act and as a result justice is denied to t..
Category: Property Law | Date: | Hits: 63
Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)
....henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153.......ellate Court below and obtained the instant Rule. 3. Mr. HN Nandi, the learned Advocate appearing for the plaintiff-petitioner, submits that the learned appellate Court below committed an error of law in allowing the application filed by the opposite parties in view of the facts that the petition..Category: Property Law | Date: | Hits: 55
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