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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....... 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....... Case No.19 (4)2007 corresponding to GR No.93 of 2007 under Sections 143/342/447/385/379/380427/506 of the Penal Code now pending in the Court of Magistrate, First Class, Sadar, Chittagong.
2. The facts, leading to the filing of this petition, in short, are:
On 24-04-2007, one Md. Elias Sharif..
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. ......n the Ministry and the decision dated 25.02.2010 of the Standing Committee, the Ministry adopted a proposal on 29.04.2010 for gradual transfer of the manpower of 13 projects including the prakalpa in question to the revenue budget with effect from the respective dates of their completion (date of ex......gh Court Division as in the paper book those have not been included. 11. From the impugned judgment and order, it appears that the learned Judges of the High Court Division on consideration of the facts stated in the writ petition, in the supplementary affidavit and the annexures annexed thereto ..Category: Employment/Service Law | Date: | Hits: 119
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67.......f the High Court Division not being equivalent to the post of the Bench Readers of the Appellate Division are not comparable as their terms of service are guided by two separate service Rules, so the question of discriminatory treatment with the petitioner and the other Bench Readers does not arise ......her Bench Readers cannot be treated as 3rd Class Non-Gazetted employees as per the Rules of the Appellate Division. 14. Let us now see whether the High Court Division was justified in noticing the facts and making the observations as jotted hereinbefore. In the writ petition, the petitioner categ..Category: Employment/Service Law | Date: | Hits: 127
Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)
....dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......se before the Administrative Tribunal was not barred by limitation. The learned Member of the Administrative Tribunal calculated the time limit from wrong premises on a superficial view of Jaw on the question of limitation and eventually fell in error in disallowing the respondent's case On limitati......da J. - The instant Civil Petition for Leave to Appeal No.2356 of 2009, arises out of order passed by the Administrative Appellate Tribunal on 16.7.2009 in A.A.T. Appeal No. 225 of 2005. 2. The facts, in short, for disposal of the Civil Petition for Leave to Appeal are that one Himangshu Ranja..Category: Administrative Law | Date: | Hits: 240
Rajdhani Unnayan Katripakkha (RAJUK) Vs. A.K.M. Abdul Hakim and Others, 2010, 39 CLC (AD)
....eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ......The High Court Division by judgment and order dated 04.08.2009 was pleased to make the Rule absolute directing the writ respondents (petitioners herein) to handover physical possession of the plot in question to the writ petitioners (respondents herein) within 2 (two) months from the date of receipt......eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ..Category: Civil Law | Date: | Hits: 76
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:......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:......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:..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: ...... 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: ......ent and order dated 22nd November, 2009 passed by a Division Bench of the High Court Division in Criminal Revision No.368 of 2009 discharging the rule. 2. The petition arises out of the following facts. One Md. Sukur Ali lodged a First Information Report (F.I.R.) with the Doulatpur Police Statio..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. ......General, appeared for the writ-respondents and made verbal submissions. A Division Bench of the High Court Division after hearing the writ petiÂtion along with other writ petitions involving similar question of law by the impugned judgment and Order discharged the Rule.
5. Mrs. Nahid Mahtab, lea......t, alleging evasion for the period between 1-1-1998 to 31-12-2004. The petiÂtioner gave reply to the show cause notice on 28-11-2005 and claimed that the demand was not in conformity with the actual facts and circumstances and the valid evidence. The petitioner in support of its reply furnished par..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....itten statements and also in the present written statement. 16. Now turning to the second point, there is no dispute that in a partition suit, the status of a plaintiff and the defendant is almost identical. Both the parties stand on the same footing with regard to a party's capability to ‘sueâ...... out of the petrol pump business by the other co-sharers. In the petition for amendment of the written statement, the appellant wanted to delete those facts admitted in the written statement. Now the question is whether such amendment and alteration can be allowed. The High Court Division was of the......ether the High Court Division is justified in interfering with the orders of the trial Court allowing the prayers for amendment of the pleadÂings in which the appellant wanted to introduce cerÂtain facts which are not conformity with his earlier plea of ejmali nature of the suit property and (b) w..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: ......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: ......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: ..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 apÂpeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183....... of 1977. (From the Judgment and Order dated 16-11-3976 passed by the High Court in Civil Revision Case No.850 of 1975.) Judgment Kemaluddin Hossain CJ.- Leave was granted to consider three questions which are as folÂlows:- 1. Whether the Courts below on the evidence on record were wel...... or suit comes to be passed by the Court. We find on the analogous provision of earlier enactment in both the decisions, it has been so interpreted in a language which is perfectly in accord with the facts of each case, but it is equivocal as a general construcÂtion of the section. The moot questio..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 disÂmissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ...... objection was raised as to the levy of Cyclone Relief Surcharge under Ordinance I of 1971. The petitioner ultimately filed writ petition before the High Court which dismissed the petition. 4. Two questions were raised before the High Court, namely, (1) whether the chargÂing of tax under the Inc......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is disÂmissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ..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 disÂmissed 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....... had reasons to be aggrieved by the impugned notification. The preliminary objection as to the mainÂtainability of the appeal is thus rejected. 10. Mr. Ishtiaq Ahmed's contention raises the basic question as to the nature of the Octroi levied by the Paurashava. If Octroi is a tax then the conten......e duty of assessing and collecting Octroi on goods and animals imported in the MuniciÂpal area, filed a writ petition challenging the validity of notification as already mentioned. 2. The salient facts in the writ petition are that under section 33 of the Municipal Administration Ordinance, 1960..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.......titution of Bangladesh. Any action taken or proposed to be taken under the Martial Law Regulation is, therefore, illegal. 8. The contention of the learned Counsel or the appellant raised the basic question as to the nature of the Martial Law Regulation promulgated by the then Government of PaÂki...... 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...Category: Fiscal/Taxation Law | Date: | Hits: 122
....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.......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.......for the State, however, was present to represent the State, respondent in those appeals.
4. On disposal of the Criminal Appeals the learned Judges, in the judgment referred extensively to certain facts, such as adjournÂments of the hearing of the appeals on the prayers of the learned Advocates ..
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. ...... show cause as to why the judgment and order dated 23-3-1988 passed by the learned Subordinate Judge, First Court, Barisal, in Miscellaneous Case No.66 of 1983 should not be set aside. 2. The only question that falls for determination in this Rule is whether the defendant opposite party had suffi......y, on 31-7-1983 when ex parte decree was passed, the defendant had also chosen to be absent in the Court. This conduct of the defendant must not be over looked. 19. From all the materials, events, facts, circumstances and the conduct of the defendant it became evidently clear that all the efforts..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.......nd in deceitful manner when a criminal case was in progress and the petitioner was in Jail hajat, the Artha Rin Adalat should not have entertained such suit without any clear materials that the money question did constitute a loan money. A stolen good cannot be a subject matter for decision by a Art......cree 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 that the petitioner was appointed as Steno-Typist (Muslim Com..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.......trict Judge, Chittagong in Other Appeal No.486 of 1988 reversing the judgment and decree passed by the learned Subordinate Judge, 2nd Court, Chittagong in Other Suit No.32 of 1983 have been called in question. By the impugned judgment the learned Additional District Judge reversed the judgment of th......ing for making illegal gains. It appears 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 myste..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. ...... Attorney-General appearing on behalf of the State, on the other hand submits that at the time of commission of the offence admittedly the petitioners were not Government servants and accordingly the question of obtaining sanction from the Government does not arise. Two of the accused were Governmen......tate. Criminal 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. ..Category: Criminal Law | Date: | Hits: 71
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. ......as for SS Halder, Advocates - For the Petitioner. AFM Zubair Hossain, Advocate - For the Opposite Parties. Civil Revision No. 2924 of 1994. Judgment Gour Gopal Saha J.- This Rule calls in question the order dated 6-7-94 passed by the learned Subordinate Judge and Artha Rin Adalat No.4, D......ed by the learned Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Suit No.258 of 1992 allowing the plaintiffs application for re-examination of witness No.1 for the plaintiff. 2. Short facts relevant for the purpose of the case are that opposite party No.1 as plaintiff instituted a su..Category: Property Law | Date: | Hits: 66
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