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Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....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. ......that suit is collusive and void. Accordingly, this defendant prayed for dismissal of the suit. 4. The learned Subordinate Judge on consideration of the pleadings of the parties and the evidence on record dismissed the suit on contest against the defendant No. 3 with cost and ex parte against the ......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
....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.
......der the provisions of sections 94/160 of the Code of Criminal Procedure is ex facie illegal and the Bureau or Anti-Corruption got no lawful authority to summon the petitioners to have their statement recorded.
7. Finally, Mr. Moudud Ahmed contended that the impugned notice is violative of the fun......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.
..
Category: Anti-Corruption Laws | Date: | Hits: 191
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
.... 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. ......aid the advance compensation to the petitioners and other claimants for the requisitioned land. The notification in the official gazette for acquisition of the land could not be published because the record of the LA case was seized by the Anti-Corruption Authority in connection with their inquiry a...... 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
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
.... 2925.11.00. It is stated that pursuant to 25A of the Customs Act, 1969 the National Board of Revenue issued notification being SRO No.316/AIN/94/1568/Customs dated 3-11-94 and provided for import of goods on the basis of certificate as to the quality, quantity, value and H.S. code and description i...... are of the opinion that those decisions have no relevance at all, the facts are quite distinguishable from those of the present case. 11. Lastly, it has been contended by Mr. Hasan Ariff that the record of the relevant letter of credit and the CRF on the basis of which the valuation should have ......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
Riazuddin (Md.) Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....he petition is declared to have been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 361....... the cancellation of the licences in question do not come within the ambit of section 18 of the Arms Act for non-service of show cause notice particularly in view of the fact that there is nothing on record to show that the licences were cancelled for the security of the public peace and in support ...... have been made without any lawful authority. The learned Advocate further submits that the cancellation of the licences in question do not come within the ambit of section 18 of the Arms Act for non-service of show cause notice particularly in view of the fact that there is nothing on record to sho..Category: Others | Date: | Hits: 105
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....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.......Tribunal, Dhaka suspending the petitioner as per Annexure K. 2. The facts so far as it is necessary to determine the point of law are that the petitioner is a Government Servant and he has been in service for 27 years and served in different capacities efficiently and honestly. The petitioner was..Category: Employment/Service Law | Date: | Hits: 71
Abdul Jabber and others Vs. Mohammad Sekander and others, 1998, 27 CLC (HCD)
....stay order if any granted earlier is duly vacated. No order as to costs. Records of the Courts below shall be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 62. ......stay order if any granted earlier is duly vacated. No order as to costs. Records of the Courts below shall be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 62. ......he State Acquisition and Tenancy Act reads as follows: “If a portion or share of a holding of a raiyat is transferred, one or more co-sharer tenants of the holding may, within four months of the service of the notice given under section 89, or, if no notice has been served under section 89, wit..Category: Property Law | Date: | Hits: 67
Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)
....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. ......al 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. He also ......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)
.... 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. ...... said land to Haji Md. Baharuddin Paiker who subsequently transferred the said land to his son the plaintiff, on 19-4-1973 by a heba-bil-ewaz deed. It was further alleged that the MRR Khatian did not record the name of the vendor of the plaintiff due to sheer mistake and this clouded his title on th...... 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)
....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. ......es praying for declaration of his title in the suit land contending inter alia, that 0.47 acre of land mentioned in the Schedule 1 to the plaint, originally belonged to one Minhaj Gazi whose name was recorded in CS Khatian No.46 in Plot No.17 as stated in Schedule 1 to the plaint and 0.11 acre out o......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
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
...., 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....... 3. The grounds which found favour with the learned Additional Session Judge in passing the judgment of acquittal were,- (i) Abdul Khaleque confessed his guilt and his confessional statement was recorded by a Union Parishad Member, Noor Husssin and the said statement is exculpatory and has got ......cused-opposite party Abdul Khaleque and thus fell into an error in passing an order of acquittal upon the accused-opposite party Abdul Khaleque. 5. Before adverting to the contentions pressed into service the background of the case may be summed up which are as follows: Dud Mia Mazumder, the fath..Category: Criminal Law | Date: | Hits: 42
Probir Kumar Chowdhury alias Tinku and others Vs. State, 1998, 27 CLC (HCD)
....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.......hat his clients obtained bail from the lower Court on the basis of the anticipatory bail granted by this Court and, as such, order of bail should be confirmed. 5. On going through the materials on record we find that there is allegation of assaulting the wife of the petitioner No.1 by all the acc......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)
....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.......-4-90 (prior to filing of the charge-sheet) before the Court of Magistrate and since then he is on bail granted by the learned Magistrate, The learned Chief Metropolitan Magistrate forwarded the case record to the Court of learned Sessions Judge. Dhaka for trial after receipt of the charge-sheet and......luded from to time in the schedule to that Act and shall have jurisdiction to try the said offences committed within the District in which they are posted from time to time. (Restriction of length of service have been removed by Ordinance III of 1987). So it is seen that the first objection raised b..Category: Criminal Law | Date: | Hits: 62
Harun and others Vs. State, 1998, 27 CLC (HCD)
....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....... 4. During investigation police arrested Badsha Mia on 7-7-1994. It is the allegation of the accused Badsha Mia that police tortured him and obtained a confessional statement on 11-7-1994 which was recorded by a Magistrate under section 164 of the Code of Criminal Procedure implicating himself in ......mit any offence and he had been falsely implicated in the case and on the date of occurrence he was in India. 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 ..Category: Criminal Law | Date: | Hits: 65
State Vs. Md. Ariful Islam @ Arif, 2010, 39 CLC (AD)
.... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ...... of activists of the said political party sustained grievous injuries, some of them maimed. The police eventually submitted a charge sheet against 22 accused persons on 9th June, 2008. 3. The case record was eventually sent to the Metropolitan Sessions Judge, Dhaka for trial and while the trial o...... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ..Category: Criminal Law | Date: | Hits: 50
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
.... 31 and 40 of the Constitution and also hits the doctrine of legitimate expectation. 12. In support of his contention on the point of principle of natural justice, the learned Advocate has cited a good number of decisions, such as, in the case of (1) Chairman, Board of Intermediate and Secondary ...... 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)
....cumstantial evidence of stealing away tape recorder and other articles and recovery of the same from P.W.4 allegedly sold by the accused respondent on the reasoning that this fact of stealing away of goods has been introduced long three months after the date of occurrence and this fact has not been ......d (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 accused respondent aft......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)
....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. ......runnessa owned 04 decimals of viti land in Khatian No. 1593, Shorforaj Uddin Kazi owned 05 decimal land in Khatian No.1594 and in the said C.S. Dag No. 3123, out of 53 decimals land, 27 decimals were recorded in the names of the above persons and the remaining 26 decimals were recorded in the names ......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
Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)
....n record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12.......it land died leaving her only son, the defendant No. 1, who thereafter was enjoying and possessing the suit land as owner through borgader and that though the name of the defendant No.1 was correctly recorded in the Diyara Survey but in the finally published khatian the name of defendant No.2 was me......n record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12...Category: Property Law | Date: | Hits: 71
Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
....ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ......pose of the disposal of the leave petition are that the plaintiffs filed the suit, contending, inter alia, that the 'Ka' schedule land originally belonged to Sree Sree Laksmi Narayan Thakur, the C.S. recorded owner, and the said land was transferred in normal course in favour of M/S. Rally Brothers,......ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ..Category: Property Law | Date: | Hits: 58
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