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Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....……………Petitioner Vs. Bazlur Rahman & another…….………………Respondents Judgment January 16, 2000. Lawyers Involved: Amir-ul Islam with Manzil Morshed, Advocates—For the Petitioner. AKM Shafiuddin, Deputy Attorney-General—For the Respondents. Writ......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.......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)
....ladesh & another……………Respondents Judgment November 30, 1999. Cases Referred To- Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56; Associate Provincial Picture Houses Ltd. Vs. Wednesbury Corporation All England Law Reports Vol. 2 page 68......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. ......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)
....gainst them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ...... 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.......m and his brother and the victim caught Abu Jamal and brought him to his house and there was a salish where he was found guilty and out of that enmity the accused person killed his brother. After the recovery of the dead body PW 1 lodged the FIR and the investigating officer went to the beel, held t......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)
.... (HCD) (1999) 54. ......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. ...... 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)
....iswas & others.…………Opposite Parties Judgment August 25, 1999. Case Referred To- Shaik Ibrahim Vs. Shaik Suleman 9 JLR Born 146. Lawyers Involved: Shahidur Rahman, Advocate—For the Petitioner. KS Zaman with AKM Salahuddjn Khan, Advocates—For the Opposite Parties......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. ......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)
.... (HCD) (1999) 51.......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.......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)
.... Vs. Abdul Khaleque and others…………………..Opposite Parties Judgment April 1, 1998. Cases Referred to- Seraj Din vs. Kala and another, PLD 1964 SC 26=16 DLR SC 94; Lalu vs. State, PLD 1959 SC 258 = 12 DLR (SC) 225; Fateh Muhammad vs. Bagoo and others, 12 DLR SC 200; Lekha Ya......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.......ial technicality. The power of the High Court Division under section 439 of the Code is thus indeed a power which has to be exercised in aid of justice and there is no form of injustice that the long arms of the Court cannot reach because for administering and dispensing real and substantial justice..Category: Criminal Law | Date: | Hits: 42
Probir Kumar Chowdhury alias Tinku and others Vs. State, 1998, 27 CLC (HCD)
....) 42.......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.......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)
....rted in: 51 DLR (HCD) (1999) 40.......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.......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)
....ted in: 51 DLR (HCD) (1999) 33.......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.......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
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
....er..........................Petitioners Vs. Board of Investment and Others........................Respondents Judgment April 6, 2004. Cases Referred to- Chairman, Board of Intermediate and Secondary Education, Jessore and others vs. Md. Amir Hossain and another, 56 DLR (AD) 24, M ......e approved, it shall, subject to such conditions and limitations as it deems fit to impose, approve the same and shall issue a letter of approval to the applicant and shall specify in such letter the time limit for the implementation of the project and also the time-limit for commencement of product...... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ...... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ..Category: Others | Date: | Hits: 182
State Vs. Babul Miah, 2010, 39 CLC (AD)
....erefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66.......herefore be presumed to be true, yet unless the whole is received, the true meaning of the part, which is evidence against him, cannot be ascertained. But though the whole of what he said at the same time, and relating to the same subject, must be given in evidence, it does not follow that all the p......ved by Noor Mohammad (P.W.3), Bachchu Mia(P.W.4), Kamal Hossain (P.W.6) and Haripada Das (P.W.7), the confessional statement proved by A.K.M. Humayun Kabir (P.W.13) and the circumstantial evidence of recovery of a tape recorder from the possession of P.W.4 which was said to have been sold by the acc......al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66...Category: Criminal Law | Date: | Hits: 58
Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
.... illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ...... and he is still in possession of the same and his name has been recorded in last S.A. Khatian No.1090 and thereby he became co-sharer of the case land and it is only on 1 12.1.1998 he, for the first time, came to know that the respondent No.1, on 16.4.1998, purchased the case land from the proforma......he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ......he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ..Category: Property Law | Date: | Hits: 62
Syed Muhammad Mashiur Rahman Vs. President of Bangladesh and others, 1996, 25 CLC (HCD)
....is summarily rejected. This Case is also Reported in: 17 BLD (1997) 55. ...... persons who were such members immediately before the dissolution, shall be regarded for the purpose of this clause as continuing to be such members. His further submission is that at least for the time being this provision of Article 56 will remain as amended provision which the Parliament cann...... find any reason to interfere with this 13th Amendment Act, we do not find any merit in this application and accordingly it is summarily rejected. This Case is also Reported in: 17 BLD (1997) 55. ...... find any reason to interfere with this 13th Amendment Act, we do not find any merit in this application and accordingly it is summarily rejected. This Case is also Reported in: 17 BLD (1997) 55. ..Category: Constitutional Law | Date: | Hits: 199
Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
....de. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......rt of Small Causes, and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on th......rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ..Category: Property Law | Date: | Hits: 59
Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)
....ed in: 51 DLR (HCD) (1999) 25....... the ground that the petitioner not being a servant of the Republic no sanction is required for prosecution. Besides, on the application of the Assistant Public Prosecutor amended the charge and this time framed two charges. The second charge was against the accused Azizul but the first charge was f......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25...Category: Criminal Law | Date: | Hits: 50
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....e is also Reported in: 51 DLR (HCD) (1999) 23. ......basis of tariff value is without any sanction of law. This leads us to consider the provision of section 30A. Section 30A reads: “30A. Notwithstanding anything contained in any other law for the time being in force or any decision of any Court for the purposes of section 30, the value and the r......For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ......For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... Sultana J.- I agree. Ed. This Case is also Reported in: ...... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......n deciding the point of controversy, the object of law is also to be looked into. The preamble, sections 2(Ga), 6(5) and other provisions of the Ain, 2003 strongly suggest that the law is enacted for recovery of loan from the defaulter loanee, i.e., the borrower, guarantor, mortgagor and the persons...... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 183
Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)
.......................... Petitioner Vs. Abu Sayeed Mondol……………….. Respondent-Contemner Judgment January 4, 2011. Result: The Contempt Rule is made absolute. The explanation given by the contemner is inconsistent misleading The contemner took different pleas at dif......also debarred the payment. In course of hearing, we have allowed the learned Advocate to consult the contemner and after such consultation, he tendered “unconditional apology” and prayed one week time for compliance. We allowed him adjournment and fixed 3.1.2011 for submission of compliance repo...... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
....Opposite Parties Judgment January 2, 2011. Lawyers Involved: No one appears for either of the parties. Civil Revision No.8346 of 1991 Judgment Md. Ruhul Quddus J. - This Rule, at the instance of the defendant-appellant, was issued to examine the legality of judgment and decre......ent and void. After conclusion of trial, the learned Munsif decreed the suit by his judgment and decree dated 22.2.1986 with specific findings that the issue of maintainability was not pressed at the time of hearing; that the present suit was not barred by limitation or res judicata. The learned Mun......the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ......the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 54
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