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Moshfiqul Islam alias Bilu Vs. State, 2000, 29 CLC (HCD)
....qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593.......qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593.......vidence we have stated the contradictions in the evidence of the witnesses as to the manner of the alleged occurrence. It appears that the tribunal passed impugned judgment disregarding the aforesaid facts and circumstances including contradictions in the evidence of the witnesses and thus passed th..Category: Criminal Law | Date: | Hits: 48
Mujibur Rahman Pathan and another Vs. State, 2011, 40 CLC (HCD)
.... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......gedly inflicted upon the victim was of simple nature, the charge can be altered at any point of time, and whether the appellants or any of them had committed the offence as alleged in the ejahar is a question of fact, which can only be determined in due course of trial. Since there are specific alle...... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 55
Md. A. Razzak Vs. State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....illegality in the impugned order. Accordingly the Rule is discharged, however, without any order as to costs. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: ......ts do not produce documents in support of their case, they will face the legal consequence for withholding the documents, if those are relevant at all. But in a suit for perpetual injunction the moot question is whether the plaintiffs are in lawful possession over the suit land. In some cases the pr......and by deploying police force on 25.1.1998 giving rise to the suit for perpetual injunction. 3. The defendants were contesting the suit by filing two sets of written statement denying the material facts of the plaint contending inter alia, that the suit land had been acquisitioned as per provisio..Category: Property Law | Date: | Hits: 58
Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....e above, we find no subÂstance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 138. ......red by the writ-respondents by L.A. Case No. 66 of 1957-58. It appears from their produced photocopies of title deeds which do not trace their title back to the original owner. Moreover, the disputed questions of title and facts are involved in this case which cannot be dealt with under the summary ......nst the judgment and order dated the 20th day of April, 2008 passed by the High Court Division in Writ Petition No.2597 of 2008 summarily rejecting the application without issuing the Rule. 2. The facts involved in the case, in short, are that the properties in C.S. Khatian No.26, C.S. Plot No. 1..Category: Property Law | Date: | Hits: 59
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....rced in any court of law. In the premises, we do not find any subÂstance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......d the deposition, as annexed to the petition, and considered the submissions of the learned Advocate for the leave petitioner. The genÂuineness of the power of attorney and the sale agreement, being question of fact, having been concurrently decided by the courts below, we are not required to examÂ......rned Joint District Judge, 5th Court, Dhaka, dismissing the Title Suit No. 134 of 2000 filed by the petitioner hereof as plaintiff praying for a decree for Specific Performance of Contract. 2. The facts relevant for the purpose of disÂposal of the application are that the plainÂtiff filed the T..Category: Property Law | Date: | Hits: 61
National Board of Revenue and others Vs. PHP Cold Rolling Mills Limited, 2009, 38 CLC (AD)
....ent of the said surcharge. In that view of the matter, we find no substance in these petitions and accordÂingly those are dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 132. ......ent of the said surcharge. In that view of the matter, we find no substance in these petitions and accordÂingly those are dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 132. ......2007 passed by the High Court Division in Writ Petition No.11142 of 2006 and Writ Petition No.11139 of 2006) Judgment ABM Khairul Haque J. - These are petiÂtions for leave to appeal. 2. The facts leading to the filing of these petitions, in brief, are that the respondent-company, in course..Category: Fiscal/Taxation Law | Date: | Hits: 70
Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)
....tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is disÂmissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ......7 and that the compensation was duly paid to the owners of the lands. 4. The High Court Division upon hearing the parties by the impugned judgment disÂcharged the rule observing that the lands in question have been vested in the Government under section 5(7) of the Act free from all encumbrances......t Surendra Kumar Sinha J.- This petition is directed against the judgment and order dated 1st June, 2008 of a Division Bench of the High Court Division in Writ Petition No.406 of 2004. 2. Short facts relevant for the disposal of this petition are that the petitioner institutÂed the above writ..Category: Property Law | Date: | Hits: 58
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589....... alleged report of the hand-writing expert would have been accepted by the Court or had it been taken into consideration by the Court to come to a conclusion as to the genuineness of the signature in question, I would have found some substance in the argument of the learned Advocate. But as it appea......ed in 39 DLR 290. Section 101 of the Evidence Act provides that: “Burden of proof.- Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove th..Category: Property Law | Date: | Hits: 89
Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)
....de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......o the plaintiff is also false. 6. Defendants pleaded that the suit property is their only homestead property and after death of their father, they have inherited the same and, as such, there is no question of transfer of the homestead property by their father. They also pleaded that the suit is b......de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ..Category: Property Law | Date: | Hits: 108
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
.... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ......nd of the consideration money. An enquiry was held by Thana Revenue Officer, in view of the order passed under section 202 of the Criminal Procedure Code. The Enquiry Officer in his report stated the facts in detail and also clearly stated that the complainant on the basis of his purchase already go..Category: Criminal Law | Date: | Hits: 67
Government of Bangladesh and others Vs. Sontosh Kumar Shaha and others, 2009, 38 CLC (AD)
.... Paper-Book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 127. ......ner. Besides, he submits, the petitioner was put under susÂpension and the disciplinary proceedings were initiated after due approval from the Chief Justice of Bangladesh on 27.07.2000, as such, the question of exonÂerating the petitioner does not arise before completion of the disciplinary procee......e to appeal is in respect of the judgment and order dated 04.02.2009, declaring the order of suspension and the departmental proceeding as illegal, passed in Writ Petition No. 2438 of 2004. 2. The facts leading to the filing of the writ petition are that while the writ-petitioner was serving as t..Category: Employment/Service Law | Date: | Hits: 73
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
....e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ......tracted in this particular case as it relates to personal loan and not to any company loan. 19. The respondents have also submitted that Circular No.7 is not a bar to reschedulement of any loan in question, as the respondent No.4 is not a defaulter. From the Bank report it appears that originally......fect and why respondent Nos. 1 and 2 shall not be directed to cancel and/or rescind the said letter of no objection to reschedulement of loan of respondent No.4 made by the respondent No.3. 2. The facts as stated in the petition, in short, are that the respondent No.4, Islam Brothers Properties L..Category: Business or Commercial Law | Date: | Hits: 208
Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....the above, we find no subÂstance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ......the above, we find no subÂstance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ......gainst the judgment and order dated the 19th day of August, 2009 passed by the High Court Division in Writ Petition No. 3354 of 2008 discharging the Rule vacating the interim order of stay. 2. The facts involved in the case, in short, are that in response to a Government Tender, PCCL-BBC-JV submi..Category: Others | Date: | Hits: 118
MA Hossain and others Vs. National Bank of Pakistan and others, 2010, 39 CLC (AD)
....of application. As such, the Rules were rightly discharged by the High Court Division. In the result, these petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 595. ......of application. As such, the Rules were rightly discharged by the High Court Division. In the result, these petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 595. ......eave to appeal are in respect of the judgment and order dated 08.04.2009, passed by the High Court Division in disÂcharging the Rules in the Writ Petition Nos. 7046, 7047 and 7048 of 2008. 2. The facts in brief in Writ Petition No.7046 of 2008 are that the writ-petitionÂer No.4 is the proprieto..Category: Property Law | Date: | Hits: 54
Anti-Corruption CommiÂssion Vs. Shamima Begum & others, 2009, 38CLC (AD)
....ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......dgment and order dated the 28th day of July, 2008 passed by the High Court Division in Writ Petition No. 8 of 2008 with WP No. 1777 of 2008 and WP No. 1778 of 2008 making the Rule absolute. 2. The facts involved in the case, in short, are that the writ-petitioner is stated to be the wife of the p..Category: Fiscal/Taxation Law | Date: | Hits: 86
Badal Kanti Mitra Vs. Secretary, Ministry of Fisheries and Live Stock, 1980, 9 CLC (AD)
....ot no legal force. We do not find any illegality in the order of the High Court Division. In the result, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 265. ......d- For the Petitioner Not Represented-the Respondents. Civil Petition for Leave to Appeal No.246 of 1980. Judgment Shahabuddin Ahmed J.- This petition for special leave to appeal calls in question an order of the High Court Division dated 28.5.80 in Writ Petition No.696 of 1978 refusing ......ot no legal force. We do not find any illegality in the order of the High Court Division. In the result, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 265. ..Category: Employment/Service Law | Date: | Hits: 126
Mainmunal Islam and others vs. The Collector of Customs and others, 2010, 39 CLC (AD)
....essed with customs duty and Vat on the basis of such S.R.O. We find no substance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ......peared with the leave of the Court) appearing for the respondents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 7. The precise questions in all the cases ( is whether the importer appellants are liable to be assessed with custo......512, 1960, 1845, 1598, 1964, 1836, 1743, 1265 and 1249 of 1993 and 229, 1613, 1614, 1900, 1997, 2310, and 2610 of 1994 heard analogously and discharging the Rules by two separate judgments. 2. The facts, in short, are that in all those writ petitions two S.R.Os. of Customs dated 02.02.1993 and 28..Category: Fiscal/Taxation Law | Date: | Hits: 75
Government of Bangladesh and others Vs. Md. Enamul Kabir and another, 2010, 39 CLC (AD)
....d thereÂfore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ......d thereÂfore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ...... 2008 and Leave Petition No.847 of 2010 is directed against the judgment and order dated 18.03.2010 passed in Writ Petition No.8599 of 2009 making the Rule absolute in both the petiÂtions. The short facts are as under:- 3. The respondent No.3 who is the execuÂtive Arbouric Culturist, Roads and ..Category: Others | Date: | Hits: 165
....nings.
Under such circumstances, this petiÂtion for Review has got no substance and it is dismissed with the aforesaid observaÂtion.
Ed.
This Case is also Reported in: VIII ADC (2011) 114.
......nings.
Under such circumstances, this petiÂtion for Review has got no substance and it is dismissed with the aforesaid observaÂtion.
Ed.
This Case is also Reported in: VIII ADC (2011) 114.
......l Haque J. - This review petition for leave to appeal is in respect of the order dated 14.07.2008 dismissing the Civil Petition for Leave to Appeal No.1768 of 2007, as barred by limitation.
2. The facts leading to the filing of this petition, in brief, are that one Md. Moslemuddin instituted a su..
Category: Limitation Law | Date: | Hits: 165
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