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Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....ng the deposit. The petitioner on 23-1-96 informed compliance of such direction. The petitioner also informed the Ministry on 23-5-96 in writing that it deposited Taka 1(one) crore and appointed full-time teachers and fulfilled other requirements as directed by letter dated 22-1-96 and the Grants Co......s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ..Category: Others | Date: | Hits: 104
Norendra Chandra Dash and others Vs. Md. Solaiman Chowdhury & others, 1997, 26 CLC (HCD)
....oversy between the parties.” 9. Amendment of a plaint should not be refused unless (a) the plaintiffs suit is wholly displaced by amendment (b) the amendment takes away right accrued by lapse of time (c) the amendment introduces a different, new and inconsistent case and the amendment of plaint...... In the result, the Rule is made absolute. The impugned order dated 2-3-91 is thus set aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ..Category: Property Law | Date: | Hits: 98
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
..... (See (1890) 24 QBD 423). To the same effect is the ancient maxim “Nime Bis Debet Puniri Pro Uno Delecto”, that is to say, that no one ought to be twice punished for one offence or as it is sometimes written “Pro Eadem causa” that is, for the same cause. 9. This is the principle on whic...... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374...Category: Criminal Law | Date: | Hits: 56
State Vs. Rabiul Hossain alias Rob, 2000, 29 CLC (HCD)
..... Khorshed Alam Khan the learned Advocate appointed by the state to defend the condemned prisoner submits that although the condenmed prisoner was in custody and he was produced before the court from time to time but no state defence lawyer was appointed on his behalf. 4. We have also persued the...... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370...Category: Criminal Law | Date: | Hits: 47
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....alleged oral gift. The plaintiff was examined as PW 1. He deposed in his evidence that he could not say in which year oral gift was made. He also stated in his evidence that he was not present at the time of the gift nor he could say who else were present PW 2 Nagendra Chandra Paul in his evidence d......tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ..Category: Property Law | Date: | Hits: 51
....et aside. The respondent No. 4 thereafter, moved a Civil Revisional Application before the High Court Division and from the statements of the said Revisional application, the petitioner for the first time, came to know that the respondent No.4 made an arrangement for the investigation of the affairs......devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
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Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
.... merit. Undisputedly the petitioner No. 1 was allowed to use the forklifts for loading and discharging the containers. On facts as stated in the writ petition and the Affidavit I do not find that any time the Port Authority’s equipments were used by the petitioners for loading and discharging of t......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
....tioners by the learned Counsel that since the purpose for which the land of the petitioners was requisitioned ceased to exist as the concerned Department is not using the land after using it for some time for dumping of construction materials, the retention of the land by the respondents is without ...... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ..Category: Criminal Law | Date: | Hits: 37
Shaheb Ali & others Vs. State, 2000, 29 CLC (HCD)
....Montu and Nawshad Ali. The learned Sessions Judge and Special Tribunal framed charge against the accused appellants holding that the statements under section 161 Cr.P.C. can not be looked into at the time of framing charge under section 241A of the Cr.P.C. which is a misconceived one. Police after h......w pending in the Court of Session Judge and Special Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ..Category: Criminal Law | Date: | Hits: 47
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
....itioner preferred an appeal before the Appellate Tribunal. The Appellate Tribunal notified all the parties concerned including the local representative of the concerned pre-shipment agency and at the time of hearing of the appeal the Appellate Tribunal asked all the parties including the petitioner ......ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....Rule 2 (b) as follows: “Authority means the appointing authority or an officer designated by it to exercise, subject to such general or specific guideline as may be issued by the Government from time to time, the powers of the authority under these Rules and shall include a superior officer, if......ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358...Category: Employment/Service Law | Date: | Hits: 71
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....gly, tenders were invited and the petitioner according to the tender term participated in the tender and the petitioner being the highest bidder in the auction sale purchased the said tannery. At the time of auction sale there were some outstanding loans of Madina Tannery which was long terms loan a......foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ..Category: Others | Date: | Hits: 95
Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)
.... and cavial cavity. In his opinion, the death was due to above noted injuries which were ante-mortem and homicidal in nature. 17. PW 10 is Md. Lehajuddin who was Upazila Magistrate at the relevant time. He recorded the statement of Md. Dulal under section 164 Cr.P.C. and proved the same as Ext.1.......Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ..Category: Criminal Law | Date: | Hits: 55
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
....ure. For coming to a correct decision on the point at issue we may profitably refer to the provision of Order 23 rule 1(2) of the Code of Civil Procedure which runs as follows: “1. (1) At any time after the institution of a suit the plaintiff may as against all or any of the defendants, with...... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ..Category: Property Law | Date: | Hits: 88
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....also, stated in his deposition that he has his own house in a portion of the suit land and possesses part of it. P.W.1 also admitted in his cross-examination that the defendant No.3, was alive at the time of SA operation but he did not take any step to correct the name and record the entire 0.47 acr......e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ..Category: Property Law | Date: | Hits: 72
KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
....ase has failed to collect any material or evidence to establish involvement of the petitioner with the Jail killing. He submits that the President could call any Minister or Ministers of State at any time for state business and more closeness to the President. Without any tangible evidence, does not......y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51...Category: Criminal Law | Date: | Hits: 46
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....section 164 of the Code of Criminal Procedure. The confessional statement was recorded by Mr. AM Badruddoza, Magistrate, Second Class who was the Assistant Commissioner of Chauddagram at the relevant time. In the confessional statement the accused Abdul Khaleque stated that he and his father jointly......, influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43...Category: Criminal Law | Date: | Hits: 42
Probir Kumar Chowdhury alias Tinku and others Vs. State, 1998, 27 CLC (HCD)
....dgment Kazi Ebadul Haque J. - This Rule was issued at the instance of the petitioner calling upon the opposite party to show cause as to why they should not be granted anticipatory bail and at the time of issuance of the Rule they were granted ad-interim bail. 2. It appears that over the deman......ted to the petitioners is recalled. They are directed to surrender before the Court below. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 42...Category: Criminal Law | Date: | Hits: 33
Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)
....rcised, whether continuously or not, the powers under the Code of Criminal Procedure, 1898 (Act V of 1898) ex officio Special judges to try and punish offences as specified and to be included from to time in the schedule to that Act and shall have jurisdiction to try the said offences committed with......y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40...Category: Criminal Law | Date: | Hits: 62
Harun and others Vs. State, 1998, 27 CLC (HCD)
....ndia. In Criminal Miscellaneous Case No.310 of 1998 similar plea of alibi had been pressed into service at the instance of the petitioner Harun stating that the accused-petitioner was in India at the time of alleged occurrence. Criminal Miscellaneous case No. 142 of 1998 filed by the accused-petitio......direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33...Category: Criminal Law | Date: | Hits: 65
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