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Mohibul Alam Vs. State, 2012, 41 CLC (HCD)
....ions Judge, Court No. 3, Kushtia in Session Case No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......rney General- for the respondent. Jail Appeal No. 1050 of 2008 Judgment Md. Ruhul Quddus J. - This appeal under section 420 of the Code of Criminal Procedure is directed against judgment and order dated 10.9.2008 passed by the Assistant Sessions Judge, Court No. 3, Kushtia in Session Case N..Category: Criminal Law | Date: | Hits: 81
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
.... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... General - for the opposite party. Jail Appeal No. 343 of 2007. Judgment Md. Ruhul Quddus J.- This appeal under section 420 of the Code of Criminal Procedure is directed against judgment and order dated 29.3.2007 passed by the Special Tribunal No.4, Rajshahi in Special Tribunal Case No. 55 ..Category: Criminal Law | Date: | Hits: 119
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... Result: The Rule is made absolute. Cases Referred to- CQMH Md. Ayub Ali Vs. Bangladesh, 47 DLR (AD) 71; Mrs. Amena Khatun Vs. Chairman, Court of Statement, 15 MLR (AD) 438 = 63 DLR (AD) 1; Government of Bangladesh Vs. Md. Jalil, 48 DLR (AD) 10; Hazerullah Vs. Chairman, 1st Court of Settle...... different approach, if not unique approach. 15. Further, once a property is released by government from the clutch of abandoned properties, it cannot even subsequently cancel the said release order as there is no such provisions either in PO No.16 of 1972 or in Ordinance 54 of 1985 allowing ..Category: Property Law | Date: | Hits: 127
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... questions in the negative and against the revenue department and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ......, learned Deputy Attorney-General submitted that on 25-5-97 the Deputy Commissioner of Taxes read the report of the Income Tax Inspector the authorized representative of the applicant, who signed the order as 'seen'. After reading and showing the report of the Inspector to the authorized representat..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....as Shah Alam Vs. Amir Sultan Ali Haider, 38 DLR (AD) 133; Md. Shah Alam Vs. Farida Begum, 2 MLR (AD) 153 = 2 BLC (AD) 92; Additional Deputy Commissioner (Revenue) Vs. Md. Reasuddin Pk, 5 BLC (AD) 76; Government of the Republic of Bangladesh, represented by the Deputy Commissioner Feni Vs. Har Chan......sing the appeal and affirming those dated 15-6-1991 and 19-6-1991 respectively passed by in Title Suit No.111 of 1989 decreeing the plaintiff suit should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper." 2. The plaint case, in short, i..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....ik Vs. State, 52 DLR 335; Syed Musta-fizur Rahman Vs. State, 53 DLR 125; Kazi Obaidul Haque Vs. State, 51 DLR 25; Muqbul Ahmed Vs. Hamidul Bari, 5 BCR (1985) 184; Barrister Md. Rafiqul Islam Miah Vs. Government of Bangladesh, 59 DLR 407; Gokulchand Dwarkadas Morarka Vs. King, AIR 1948 Privy Council ...... General Registered Case No.89 of 2007 and Metropolitan Special Case No.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The fact relevant for disposal of th..Category: Criminal Law | Date: | Hits: 156
....ument.
4. The matter involves immense public importance. The Mohasthangor has a great significance in our history. It is also a public place which is now under the governance and protection of the Government of People Republic of Bangladesh. Nevertheless, recently few people are encroaching upon ......ovisions of section 12(c) of Antiquities Act, 1968 and article 24 of the Constitution of Bangladesh in case of construction work near Mohansthangor ancient monument and /or pass such other or further order or orders as this Court may deem fit and proper.”
2. Averments figured by the petitioner ..
Category: Property Law | Date: | Hits: 159
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......g exclusion of his property on payment of highest amount as quoted in the auction. Getting no response, the petitioner moved this Court under article 102 of the Constitution, obtained the Rule and an order of status quo. 3. The highest bidder Al-haj M. A. Munsur is made respondent No.5 in the pre..Category: Civil Law | Date: | Hits: 129
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
.... Hussain Haider J M Saleem Ullah Advocate, Supreme Court...................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh........................Respondents Judgment ......96) (Annexure "A", "A1” to the petition) should not be declared to be ultra vires of the Constitution of the People's Republic of Bangladesh and of no legal effect and/or pass such other or further order or orders as to this court may seem fit and proper." 4. It is stated in the petition that t..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......nk but, if the property is sold prior to filing of any suit in the Artha Rin Adalat under the Ain the petitioner borrower will not get any opportunity of settlement and negotiations for settlement in order to arrive at a compromise as provided under sections 21, 22, 23 and 24 of the Artha Rin Adalat..Category: Civil Law | Date: | Hits: 129
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
....tics Control Department has sent certain false and concocted papers for his examination. 18. P.W.16 Md. Abdul Baki Mia, an Assistant Chemical Examiner of the office of the Chief Chemical Examiner, Government of Bangladesh, stated that on 9‑5‑1990 he received one parcel from P.W.1 SM Nizamuddi......tion the accused was taken to their custody and the accused who is a foreigner is required to be interrogated by remanding him to their custody for 7 days in connection with the recovery of heroin in order to unearth the chain of International Traffickers/Smugglers of Heroin. Upon the said forwardin..Category: Criminal Law | Date: | Hits: 164
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ...... Respondent No.1 (State). Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For the Respondent No. 2. Criminal Appeal No.18 of 1982. (From the judgment and order dated 28-5-82 passed by the High Court Division in Criminal Revision No.38 of 1981) Judgmen..Category: Criminal Law | Date: | Hits: 111
Abdul Gafur Sarder and another Vs. State and another, 1982, 11 CLC (AD)
....ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ...... and Order dated 19-5-82 passed by the High Court Division in Criminal Misc. Case No. 43 of 1982. Judgment Chowdhury ATM Masud J.- This appeal by special leave arises out of the judgment and order dated 19-5-82 of the High Court Division in Criminal Miscellaneous Case No.43 of 1982 affirmin..Category: Criminal Law | Date: | Hits: 97
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....48 of the Code. Section 333 says that at any stage of the trial before a High Court and before the return of the verdict, the Advocate General may, if he thinks fit, inform the court on behalf of the Government, that he will not further prosecute the defendant upon charge and thereupon the proceedin......e Special Public Prosecutor filed a petition on 24.11.1976, praying for withdrawal of the case. The Special Tribunal allowed the prayer for withdrawal and recalled all processes. 3. Against this order of withdrawal, the appellant moved the High Court in its writ jurisdiction challenging the jur..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
....mortgage in respect of the properties of the Company (which are already mortgaged with Bangladesh Shilpa Rin Sangstha as first mortgage) with permission of said Bangladesh Shilpa Rin Sangstha and the Government of Bangladesh for allowing the petitioner to continue with the limit and the petitioner a......n-Record - For the Appellant. Faqueer Shahabuddin Ahmed, Sr. Advocate, instructed by Abu Backkar, Advocate-on-Record - For the Respondent. Civil Appeal No. 81 of 1982. From the judgment and order dated April 2, 1982 passed by the High Court Division in Reference Case No.1 of 1981. Judgm..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ...... the Appellant. B.C. Panday, Advocate-on-Record, Supreme Court (absent) - For the Respondent No.1. Ex-parte - Respondent Nos. 2 and 3. Civil Appeal No. 50 of 1982. (From the Judgment and order dated October 27, 1981 passed by the High Court Division in F.M.A. No. 471 of 1976) Judgmen..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....n: ......দয় অবগতির জন্য উপ-পরিচালক (টাষ্ক ফোর্স-৩) দুর্নীতি দমন কমিশন। The above reproduced purported order was based on a First Information Report (FIR), dated 27th March 2002, invoking sections 409, 4..Category: Criminal Law | Date: | Hits: 133
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
.... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ...... for the respondents. Writ Petition No. 3664 of 2008. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question order dated 29.1.2008 passed by Artha Rin Adalat No.1, Chittagong in Artha Rin Execution Case No.278..Category: Civil Law | Date: | Hits: 129
....of the Constitution for directing the appellant and respondents No.4 to 8 to restore to them the possession, control and management of this firm in pursuance of an order of release of the same by the Government (as contained in Notification No. SRO. 31-L/76 No. Industries/13-3M/104/75/11 dated 17-1-......udgments proposed to be delivered by my learned brothers D.C. Bhattacharya and F. Munim, JJ. I agree with my learned brother F. Munim, J.
Fazle Munim J. - This appeal is against the Judgment and order of a Bench of the High Court Division in Petition No.134 of 1976.
Facts of the case may sho..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......ral Tenancy Act was served upon the defendant-appellant. On appeal the case was sent back on remand against which the plaintiff-respondent filed a Second Miscellaneous Appeal. After setting aside the order of remand, the High Court Division directed the first appellate court to decide the appeal on ..Category: Property Law | Date: | Hits: 103
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