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State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ......e and sentencing them to death. 9. It is to be mentioned here that convict-Saiful Islam and A. Jalil alias Simul were all along absconding during trial and they were defended by the state defence lawyer and still they are absconding and also in this Court they have been defended by the State def..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......ongst them 2 were seizure list witnesses. He also stated that in 'Lutfa house' there are 5/6 rooms possessed by Narayan Master on rent and the accused appellants are his relations and that there is a lawn by the side of the gate of 'Lutfa House' and to its north there is a ‘Puja Ghar' or temple. H..Category: Criminal Law | Date: | Hits: 75
SM Naimul Hoque Vs. Additional Deputy Commissioner (City) Dacca and others, 1981, 10 CLC (HCD)
....que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520....... of the relevant papers in the proceeding including the order sheet of the prescribed authority to enable the aggrieved party concerned to file an appeal or take further legal proceeding according to law. Thus the impugned order passed by the Additional Deputy Commissioner of Dacca dis‑allowing th..Category: Property Law | Date: | Hits: 65
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......eal on contest affirming the order passed by the trial Court. 5. Mr. Khondker Saiful Hoque, the learned Advocate for the petitioner, submitted that the learned District Judge committed an error of law in not at all considering that the trial Court rejected the application without considering the ..Category: Procedural Law | Date: | Hits: 68
.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
......iled by the appellant No.2 being suit No. TS No.56 of 1986. The question in the Court of Munsif, Manikganj to be decided in this appeal is whether the District Judge, Manikganj has jurisdiction under law to appoint the Administrator General and Official Trustee as the Trustee of Hemendra Lal Homocop..
Category: Trust/Waqf Law | Date: | Hits: 183
....answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
......ion vested in the Government and was subsequently transferred to the applicant, and as such, the applicant as a successor in interest to the Government was entitled to depreciation in accordance with law under section 10(2) (vi) of the Act for the period in question."
2. In view of our judgment i..
Category: Fiscal/Taxation Law | Date: | Hits: 139
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......ranted to consider-whether a proceeding could be quashed under section 561A of the Code of Criminal Procedure before cognizance was taken and also to consider-whether the High Court Division erred in law in making the Rule absolute thus quashing the proceeding without taking evidence where an offenc..Category: Criminal Law | Date: | Hits: 83
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ......e defendant No. 4 transferred some portion of land to defendant No. 5. In the first part of May, 2007, at the instance of the husband of the defendant No.1, she brought the plaintiff in her father-in-law’s house. On 13.05.2007 the defendant No.1 and her husband gave proposal to the plaintiff to go..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ......y filing written objection stating that the pre-emption application is not maintainable in its present form and manner mainly on 3(three) counts that; (i) the pre-emption case is hopelessly barred by law of limitation inasmuch as the pre-emptor had the knowledge of the sale from the very beginning o..Category: Property Law | Date: | Hits: 62
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......s and the disputed affidavit, the authority finalized the petitioner’s date of birth as 09.08.1947. 11. The findings of the Administrative Appellate Tribunal are based on proper appreciation of law and fact. 12. We would like to give more explicit reply to the questions raised by the learn..Category: Administrative Law | Date: | Hits: 196
Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corporation and another, 1990, 19 CLC (HCD)
....t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ......ecessity. It was necessary to resolve the dispute and for that matter it was even necessary for the Court itself to understand the pleadings of the parties and to decide the matter in accordance with law and not on pious wishes, surmises and conjectures. The Court has a discretion in passing such an..Category: Property Law | Date: | Hits: 71
....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......aid order dated 18.6.90 and 19.6.90 passed by the Upazila Nirbahi Officer annexed to the writ petition as Annexures‑“T” and "J" respectively should not be declared to have been made without any lawful authority and to be of no legal effect. A copy of the Writ Petition No.2551 of 1990 with anne..
Category: Civil Law | Date: | Hits: 87
Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)
.... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500.......Reference under section 66(1) of the Income Tax Act, 1922, is at the instance of the Commissioner of Taxes, Dhaka (West) Zone, Dhaka. By this reference the department refers the following question of law for our decision: (1) Whether the Taxes Appellate Tribunal is justified in annulling the asse..Category: Fiscal/Taxation Law | Date: | Hits: 98
....ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498.......en called upon to show cause as to why the eviction of the petitioners on 19.8.1985 without providing for alternative plots for their rehabilitation should not be declared to have been passed without lawful authority and is of no legal effect and why they should not be directed to provide plots to t..
Category: Property Law | Date: | Hits: 79
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......f the facts and documents on record as an appellate Court failed to take notice of Exhibit-(M-2), the judgment and decree passed in the appeal being First Appeal No.40 of 1958 and therefore, erred in law in not holding that the suit filed by the plaintiffs was barred by constructive res judicata. He..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......y her and that the writ petition was not legally maintainable. 5. The High Court Division upon hearing the parties made the Rule absolute declaring the impugned notice to have been issued without lawful authority and is of no legal effect on the finding, inter alia, that the Registrar may ask a ..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......rit respondents to the post of lecturer from the post of Assistant Professor of Fulbaria College, Mymensingh and degrading his monthly pay scale from Tk. 7,200/- to Tk. 6,150/- to be declared without lawful authority. According to the writ petitioner, he joined the Sahabuddin College, Fulbaria, Myme..Category: Employment/Service Law | Date: | Hits: 204
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......e out of political enmity and grudge. The instant proceedings of Special Case No.02 of 2007 is without jurisdiction. The proceedings being held during Emergency Rules having no validity in the eye of law and charges having been framed under an Ordinance. Further defence case is that, the proceedings..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....h, 1962; and as the election was held in May 1962 and the Election Tribunal passed its order on the 7th of February, 1963 the Supreme Court of Pakistan therefore held that there was no doubt that the amending Act was retrospective in operation and since the disqualification was removed by the amendi......s to the petitioner, Prof. Golam Azam, read with the show cause notice being No. Sha: Ma: (Bahi‑1)/138 dated 23.3.1992 (Annexure‑K) should not be declared to have been made and issued without any lawful authority and is of no legal effect or such other or further order or orders passed as to thi..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......greed with the view taken in 16 DLR 61 and held that when a prohibitory injunction is violated the remedy is not by putting the decree into execution but by adopting other measures as provided by the law and further held that when a prohibitory injunction has been violated the decree was inexecutabl..Category: Civil Law | Date: | Hits: 100
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