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State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......o.141 of 2005, Criminal Appeal No.378 of 2005, Jail Appeal No.294 of 2006 and Jail Appeal No.1338 of 2004 are allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 154 An information becomes First Information Report when it fulfills some conditions:- (i) it should be an in...... (2010) 138. ......e accuseds are living in separate mess. Towards West of the brickfield the canal of irrigation project is situated. Roads are on both of the sides of the canal. Towards West of the canal there is agricultural land and he was cultivating the land of East side. He did not stated to the investigating o..Category: Criminal Law | Date: | Hits: 89
....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
......ublic interest and if any action of the government official is challenged, the challenger is required to prove such allegations………………………….(18)
The State property may be in the form of legal right and in the nature of privilege. The government largesse known as privileges is n......e is also Reported in:55 DLR (2003) 171.
......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
..
Category: Others | Date: | Hits: 113
Mrs. Rokeya Begum Vs. Chartered Credit CoÂoperative Ltd., 2009, 38 CLC (HCD)
....itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......uashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......s Non disclosure of the date of receipt of notice under section 138 (1) (b) of the Negotiable Instruments Act is a question of fact which will be decided at the time of trial after taking evidence and thus non-disclosure of date of receipt of notice and consequently the failure to disclose the ca......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ..Category: Criminal Law | Date: | Hits: 70
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......e by adverse possession as title by adverse possesÂsion is to be claimed by a person whose title is to be perfected other than by virtue of a title deed or a contract to purchase. . . The limitation for getting title by adverse possession against Government is 60 years uninterrupted possession….â...... High Court Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Shawkat Hossain J Waseq Ullah & Others.................Appellants Vs. Rezia Khatun and Others……............Respondents Judgment May 23, 2010. Result: The First Appea......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ..Category: Property Law | Date: | Hits: 83
....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
......titioner No.2 is the local representative of the petitioner No.1 in all the Writ Petitions. The Government of Bangladesh invited tenders from internationally reputed Pre-shipment Inspection Companies for the purpose of mandatory Pre-shipment Inspection at the initial stage. Pursuant to the said tend...... 55 DLR (HCD) (2003) 691.
......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
..
Category: Fiscal/Taxation Law | Date: | Hits: 119
....writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
......cial Original Jurisdiction)
Present:
Md. Imman Ali J
Md. Ashfaqul Islam J
Mahbubul Alam (Md.)………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Information and others…………..Respondents
Judgment
January 21, 2009.
Result:
The Rul......nal Jurisdiction)
Present:
Md. Imman Ali J
Md. Ashfaqul Islam J
Mahbubul Alam (Md.)………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Information and others…………..Respondents
Judgment
January 21, 2009.
Result:
The Rule is disch......writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
..
Category: Administrative Law | Date: | Hits: 494
.... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
......there remains no right in the petitioner to get back the land acquired. Property validly acquired and vested in the requiring body cannot be claimed by the original owner even if the property is used for a purpose different from the purpose of the original acquisition. [Bangladesh Vs. Samondra Naray......so Reported in: 61 DLR (HCD) (2009) 28.
...... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
..
Category: Property Law | Date: | Hits: 121
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......rtionate to the gravity of generic offence, The Penal Code recognizes three degrees of culpable homicide. The first is what may be called "culpable homicide of the first degree". This is the greatest form of culpable homicide punishable under section 302 of Penal Code. The second may be termed as "c......………………………Convict-appellants Vs. The State……………………………Respondent Judgment March 20, 2006. Result: The appeal is allowed in part. Fundamental and basic principles in the Administration of Criminal Law and Justice Delivery System is the innoce......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ..Category: Criminal Law | Date: | Hits: 98
Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)
....e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......Dhaka to have been passed without any lawful authority and to be of no legal effect. 2. The holding in question being plot No. H/7, Block‑E, Mohammadpur, Dhaka was leased out to one Amir Hossain for 99 years by the Government of East Pakistan. Amir Hossain died on 27‑7‑70 leaving behind his......Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Syed JR Mudassir Husain J Ayesha Khatun Akhtar……………………Petitioner Vs. Government of Bangladesh and another……………………Respondents Judgment February 12, 1998. Result: The R......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ..Category: Property Law | Date: | Hits: 71
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......ge of 'threat', but once the act of extortion is actually committed, secÂtions 383 and 384 of the Penal Code come into play………………………………(63) The appellant threatened the informant, first with a dagger and then with a scissor, thereby putting him in fear of imminent danÂg......aq Ahmed………………………………Appellant Vs. State………………………Respondent-Opposite-Party Judgment March 25, 2010. Result: Criminal Appeal No.190 of 2005 stands allowed. The Penal Code, 1860 (XLV of 1860); ss. 383, 384, 386, 387 The application of s......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ..Category: Criminal Law | Date: | Hits: 62
.... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
......wing the appeal and setting aside the judgment and decree dated 23.9.1995 and 30.9.1995 respectively passed by the learned Assistant Judge, Biswanath, Sylhet in Suit No.49 of 1994 dismissing the suit for declaration of title should not be set aside and/or pass such other order or further orders as t......ecords immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
...... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
..
Category: Property Law | Date: | Hits: 102
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......titioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......gh Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Borhanuddin J Allama Delawar Hossain Sayedee…………………………..Petitioner Vs. Bangladesh, and others…………………………Respondents Judgment August 12, 2009. Result: Th......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ..Category: Constitutional Law | Date: | Hits: 147
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......n of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982); section 3 Under section 3, the notice is required to be published at convenient places on or near the property in the prescribed form and manner stating that the property is proposed to be acquired. But section 3 of the Ordinance......d. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......ent October 11, 2010. Result: The appeal is dismissed. Muslim Personal Law Words and Phrases Waqf Waqf, as meant in the Muslim personal law, is the dedication of property for religious, pious or charitable purposes which by necessary implÂication is the extinction of th......gh Court Division (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J M Moazzam Husain J Zareen Biscuit Company.........................Appellant Vs. Sayed M. Salimullah and others.........................Respondents Judgment October 11, 2010. Result: The ...... Tenancy (Amendment) Ordinance, 1960 by allowing the Mutawalli, shebait or trustee, as the case may be, to continue to manage such interest as the agent of the Government till the last day of the agricultural year in which notification under section 43(2) is published or till the GovernÂment exerci..Category: Trust/Waqf Law | Date: | Hits: 114
AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
.... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ...... Judgment July 10, 1989. Result: This Rule is made absolute. The Special Powers Act, 1974 (XIV of 1974); Section 2 (f) and 3 Presence of a specific criminal case against the detenu for deÂtention When there is a specific case against the detenue and the same is the subject mat......er Vs. The Govt. of Bangladesh..............Opposite Party Judgment July 10, 1989. Result: This Rule is made absolute. The Special Powers Act, 1974 (XIV of 1974); Section 2 (f) and 3 Presence of a specific criminal case against the detenu for deÂtention When there is a ...... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ..Category: Criminal Law | Date: | Hits: 66
.... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
......we heard them together and now dispose of them by this common order. We also think, the facts of one case would be sufficient to understand the issue (s) at which the parties are at variance and call for decision.
3. In Writ Petition No. 2678 of 2005, wife and sons and daughters of one Abdul Khal......h Court Division
(Special Original Jurisdiction)
Present:
MA Rashid J
Md. Ashfaqul Islam J
Romisa Khanam …………………Petitioners
Vs.
Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others ……………………………Respo...... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
..
Category: Property Law | Date: | Hits: 120
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ...... May 14, 17, 2009. Result: The Rule is made absolute. The Evidence Act, 1872 (Act No. I of 1872), section 134 Section 134 of the Evidence Act requires no particular number of witnesses for proof of any fact. Therefore, the evidence of the victims and witnesses alleging sexual abuse/ha...... 6; 61 DLR (HCD) (2009) 744 ...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ..Category: Employment/Service Law | Date: | Hits: 169
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ...... evil to be suffered, but to no greater extent and in no greater measure than is minimally necessary in the interest of the community. The safeguards against unfounded accusations and the opportunity for establishing innocence, which constitute the hallmark of an ordinary criminal trial, are not ava......ted in: 55 DLR (HCD) (2003) 643. ......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ..Category: Criminal Law | Date: | Hits: 114
....unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 224.
......ection 253 of the Companies Act, if it deems fit to do so. The shareholders has adopted Special Resolution and the Official Liquidator also opined in favour of staying the winding up proceeding. Therefore, the application is allowed.………………(5, 6, 7 and 8)
Lawyers Involved:
Jashim Ud......on
(Original Civil Jurisdiction)
Present:
Zubayer Rahman Chowdhury J
Consumer Testing Laboratories Limited………………………Petitioner
Vs.
Registrar, Joint Stock Companies, and Firms………………………Respondents
Judgment
January 7, 2010.
Result:
The ......unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 224.
..
Category: Company Law | Date: | Hits: 134
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......l, the continuation of this illegal deÂtention by the order of extension passed by the GovÂernment must also be deemed to be illegal…………..(9) The initial order of detention of the detenu for a period of 30 days and the order was approved by the Government by an order passed by the Assis...... of detention with a view to preventing a person from doing a prejudicial act within the meaning of section 2(f) (i) of the Special Powers Act. Any such order of detention is without lawful authority and as such, the detention of the detenu on the basis of this order must also be deemed to be withou......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ..Category: Criminal Law | Date: | Hits: 74
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