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....nd the observations in paragraphs 10-15 in entirely are expunged.
In the result the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 163.......n it is clear that appellants before the High Court Division in these two Criminal Appeals were not represented at the time the appeals were beard. The Division Bench disposed of those appeals in the absence of the learned Advocates representing those appellants in those two appeals. Two Advocate fo......nd the observations in paragraphs 10-15 in entirely are expunged.
In the result the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 163...
Category: Others | Date: | Hits: 145
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. ......appearance on the date when the suit was actually called on for hearing and when the evidence of the plaintiff was recorded. For setting aside ex parte decree, the defendant had to show cause for his absence on the date of actual ex parte hearing. In the instant case, 13-5-1983 was fixed for ex part......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. ..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.......iction of the Artha Rin Adalat and submitted that the Artha Rin Adalat had no jurisdiction to entertain such application and pass a decree against the petitioner. It is further stated that during his absence while he was in the Jail hajat the impugned decree was passed behind his back as such princi......lecting necessary information he filed this present application under Article 102 of the Constitution and obtained the present Rule. 3. In this petition the petitioner has seriously challenged the jurisdiction of the Artha Rin Adalat and submitted that the Artha Rin Adalat had no jurisdiction to ..Category: Civil Law | Date: | Hits: 71
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
....a viz; P.Ws. 2-4 are not natural witnesses and disbelieved the bainapatra and found it to be a fabricated piece of paper. The learned Additional District Judge also found that the learned trial Court totally ignored the evidence of the 4 D.Ws. and on that count also the judgment of the trial Court c......that at no point of time the plaintiff appeared in the Court, although his presence was consistently demanded by the defendant from the very beginning. In the facts and circumstances of the case, the absence of the plaintiff in the Court appears to be a mystery and that mystery has not been solved b......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...Category: Procedural Law | Date: | Hits: 68
Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
....aint.” 11. The aforesaid case which has been referred to by Dr. Rafiqur Rahman would not be of much assistance to the petitioners of this case as the facts and circumstances of the said case are totally different from the present one. In the said case accused were all Government servants at the......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. ......allowed and the appellant was acquitted of the charge on the ground that when the offence of criminal breach of trust was committed by him he was not a public servant as such the Special Judge lacked jurisdiction to try the accused. 20. Thus we can not but hold that so far section 6(5) of the Cri..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.......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.......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...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. ......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. ......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. ..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.
......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.
......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.
..
Category: Property Law | Date: | Hits: 63
Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)
.... the application filed by them can neither be allowed under Order I rule 10 or under Order 22 rule 4 of the Code of Civil Procedure and the learned Appellate Court below misdirecting himself and on a total misconception of law and facts erroneously allowed the application filed by the opposite parti...... manage the suit property. Even if this statement is hundred percent correct then also on his death the right to manage the suit property does not devolve upon the heirs of deceased Badaruddin in the absence of any positive assertion to the effect that they have been entrusted by the said Madrasha t......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...Category: Property Law | Date: | Hits: 55
Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....en made without 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: 50 DLR (HCD) (1998) 151.......en made without 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: 50 DLR (HCD) (1998) 151.......en made without 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: 50 DLR (HCD) (1998) 151...Category: Criminal Law | Date: | Hits: 87
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
.... Pa 11-2556 is now kept in an open place outside Brahmanbaria Thana Complex since its seizure and during the last rainy season due to frequent rainfall, the seized taxi cab was almost at the brink of total damage causing a serious financial loss to its owner, so the petitioner being authorized offic......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ..Category: Criminal Law | Date: | Hits: 110
Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... Such car facilities include depreciation on the car, all kinds of taxes, fees and insurance on it, the cost of maintaining a driver with his salary, bonus, pension and other incidental benefits. The total cost on post audit comes to Taka 9,87,058 per car per year. But under the new science, even al......ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64.......ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64...Category: Others | Date: | Hits: 134
Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)
....dited statement of accounts claiming income of Taka 6,92,750. The Assistant Commissioner of Taxes however estimated under section 83(2) of the Income Tax Ordinance, 1984, in short, the Ordinance, the total income at Taka 35,04,896 and determined tax of Taka 8,50,724 payable thereon. 3. In Referen...... of the debts was believed then why a small part of such debts could not be believed is not really understood. He has got no authority to reject any part of the debt in lump at his sweet wish. In the absence of any basis, such rejection of a small part of the debts and addition of that amount to the......ial part of the expenses claimed could not be accepted, the income tax Officer shall afford an opportunity to the assessee to explain and/or to produce evidence in support of such expenses. He has no jurisdiction to disallow any expense just on surmises and/or conjectures at his sweet wish, in lump...Category: Fiscal/Taxation Law | Date: | Hits: 97
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......een Kashem Vs. State, reported in 2001 BLD 442 = 54 DLR 212, wherein it has been held that, ''The Court should not take too rigid a view regarding the provisions of section 103 of the Code. In the absence of any cogent reason to disbelieve the members of law-enforcing agency, the Court is compete...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ..Category: Criminal Law | Date: | Hits: 79
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ......ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ......ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ..Category: Administrative Law | Date: | Hits: 230
.... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits.
Send down the LC records accordingly.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 41.......isions held in the cases of Safaruddin Vs. Fazlul Huq, 49 DLR (AD) 151 and Darasatullah Vs. Manik Mondal 1984 BLD (AD) 234 = 36 DLR (AD) 88 that this Court can dispose of the revision on merit in the absence of both the parties or either party.
9. The learned Advocate appearing for the petitioner......this Court may seem fit and proper.
2. The petitioner as plaintiff tiled the aforesaid suit for declaration that her dismissal order dated 19-6-1997 from service was illegal, collusive and without jurisdiction, with a further declaration that she was still in service and for an order of mandatory..
Category: Employment/Service Law | Date: | Hits: 118
....
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
......issued by the Public Service Commission on 7th February, 2004. They claimed that they were experienced engineers working in the same department for about 5 years but because of the age bar and in the absence of any provision for application by in-service persons, they could not apply for the posts. ...... writ petitions and directed the authority to absorb them in the revenue budget.
13. There should not be conflicting opinions of different Benches of the High Court Division sitting on coordinate jurisdiction. When there will be different opinions on a particular point, it will be difficult for ..
Category: Employment/Service Law | Date: | Hits: 147
Chutta Miah Vs. State, 2004, 33 CLC (HCD)
.... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ....... On 19‑2‑2004 the accused petitioner Chutta Mia filed a petition before the Court below through his engaged lawyer stating that all the prosecution witnesses in the case were examined during his absence and, as such, it was not possible on his part to cross-examine those witnesses and that in t...... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ..Category: Criminal Law | Date: | Hits: 68
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
....oners nor the subject matter of the present case deserves any interference as envisaged under section 526 of the Code of Criminal Procedure, since the recognised principle for transfer of the case is totally absent. In view of such facts and circumstances it cannot be said that the petitioners will ......d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607.......owered (ii) that any particular case or appeal, or class of cases or appeals be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction; (iii) that any particular case or appeal be transferred to and tried before itself:..Category: Criminal Law | Date: | Hits: 86
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......illage, Mukundapur, PS Kaharol, District Dinajpur showing to be presently resident of Paharpur, PS Kotwali, Dinajpur but since the said Abul Kalam Azad was not arrested the trial was concluded in his absence and accordingly, the said Md. Abul Kalam Azad was convicted and sentenced by judgment and or......r of conviction and sentence passed therein is not in any way applicable to the present petitioner. In a case of this nature the High Court Division should always act and interfere under its inherent jurisdiction under section 561A of the Criminal Procedure Code to prevent the abuse of the process o..Category: Criminal Law | Date: | Hits: 73
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