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Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
.... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ...... impugned order was pleased to reject the said application on the grounds that the plaintiff has sought correction of the plaint after 35 years from the date of the decree, which is not acceptable in law and is beyond the jurisdiction of his Court. Thus he rejected the application, which is now chal..Category: Property Law | Date: | Hits: 61
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
....sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......d by some of the witnesses and his signature in the report dated 6‑4-1994 is marked exhibit 2/1. This witness in his cross examination deposed that TI parade was conducted as per the provision of law. 22. PW12 Md. Zafor Ullah was OC Baskhali on 16‑12‑1993 when he filed the case as per the..Category: Criminal Law | Date: | Hits: 54
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....ded as 8‑7‑1998 and therefore according to him, the aforesaid charge on the face of it appears to be erroneous and, as such, should be knocked down directing the trial Court to frame fresh charge amending/modifying the said charge. 5. Mr. Mainul Hosein with Mr. Md. Mozammel Huq, the learned A......d framing of charge against the remaining three accused in Sessions Case No.10 of 2000 should not be set aside and the charge framed on 20‑4‑2000 should not be amended/modified in accordance with law. 2. The Petitioner as informant lodged a first information report with Rajapur Police Station..Category: Criminal Law | Date: | Hits: 82
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ......d the same which is the basis of the complaint/FIR and, as such, the impugned order being not based on any papers as to the claim made by the opposite party No. 2 informant and not in accordance with law is liable to be quashed. He further submits that the FIR, in fact, does not disclose any offence..Category: Criminal Law | Date: | Hits: 45
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208....... the learned Session Judge has allowed the appeal reversing the judgment of conviction and sentence without proper consideration of the evidence or record and, as such, he has committed an error of law occasioning failure of justice. He submits that the findings of the Session Judge about the 2nd ..Category: Criminal Law | Date: | Hits: 39
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ......earned Metropolitan Magistrate, Dhaka. 3. Mr. Mahbubey Alam, the learned Counsel appearing on behalf of the petitioner, firstly, submits that the petition of complaint is not tenable in the eye of law as it was filed by the attorney of the Bank. He secondly, submits that the provision of section ..Category: Banking Law | Date: | Hits: 237
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ....../461/468/491/109 of the Penal Code read with section 5(2) of Act II of 1947. After investigation chargesheet was submitted against the accused petitioner and others, under the aforesaid sections of law. Charges have been framed against the petitioner and others under sections 420/109/468/109/471/1..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......e statement of PW2 on the basis of which he has been granted pardon is a purely self-exculpatory statement and in that view of the matter, the learned Additional Sessions Judge has committed error of law in treating PW 2 as an approver in the case. In support of his contention he has cited some deci..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......y Judgment must be read as applicable to the particular facts proved or assumed to be proved since the generality of the expression which may be found there are not intended to be exposition of whole law but governed or qualified by the particular facts of the case in which such expression occurs. W..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ......and Conditions Act, 2000 (Act XX of 2000) should not be declared to be ultra vires of Articles 133 and 136 of the Constitution of the People's Republic of Bangladesh and, as such, illegal and without lawful authority and why the impugned order No. 7(2) Shu: Va: Pro3/2000/613 dated 20‑8‑2000 as..Category: Employment/Service Law | Date: | Hits: 116
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39....... 4. Mr. Awlad Ali, learned Counsel appearing for the petitioner contended that the plaintiff having not challenged the order of review in the higher forum, the High Court Division committed error of law in not deciding the right, title and interest of the parties in the suit land. Learned Counsel f..Category: Property Law | Date: | Hits: 48
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......r of the petitioner to allow the said tax exemption to the petitioner as contemplated under section 46A of the Income Tax Ordinance, 1984 should not be declared to have been issued and passed without lawful authority and is of no legal effect. 2. The fact, as briefly stated, is that the petitione..Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......bail' is release of a person from the custody of police and delivery into the hands of sureties, who undertake to produce him in Court whenever required to do so. An accused person is said, at common law, to be admitted to bail, when he is released from the custody of the officers of the court and i..Category: Criminal Law | Date: | Hits: 79
....and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
......ers reported in 59 DLR (AD) 165, wherein it has been held that the listing of the property as an abandoned property even without service of notice as per provision of Ordinance No. 54 of 1985 will be lawful and that the decree through which the writ petitioner alleged to have got the sale deed execu..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
.... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ......ties. Writ Petition No. 2293 of 1994 with Writ Petition No. 2261 of 1995. Judgment Kazi AT Manowaruddin J. - These two Rules have been heard together as the facts are alike and the points of law involved are same and these shall be disposed of by this common Judgment. 2. Facts stated in ..Category: Fiscal/Taxation Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......lice force on 11-7-85. Thereafter, the learned Magistrate suo motu drew up proceeding under section 188 Penal Code holding that petitioner and others disobeyed the order promulgated by public servant lawfully empowered to promulgate such order. The learned Magistrate was of the opinion that petition..Category: Criminal Law | Date: | Hits: 57
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......ect of ITA No. 55 of 1994-95 for the assessment year 1989-90 and ITA No. 552 of 1994-95 for the assessment year 1990-91 passed by the Taxes Appellate Tribunal, Dhaka, Bench-3. As the same question of law and fact is involved these two reference applications are being disposed of by this single judgm..Category: Fiscal/Taxation Law | Date: | Hits: 99
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149.......ned order, the petitioner moved this Court and obtained the present Rule. 6. Mr. Mahmudul Islam, the learned Counsel appearing for the petitioner, submits that the learned Assistant Judge erred in law in passing the impugned order holding that the issues involved in the two suits are not directly..Category: Property Law | Date: | Hits: 57
....sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145.......e case in application, as such, the order of the learned Sessions Judge is liable to be declared illegal and without jurisdiction.
3. Mr. Huq also argued that Banks Evidence Act, 1891 is a special law dealing with bank matters which gives special statutory protection against disclosure of facts r..
Category: Criminal Law | Date: | Hits: 41
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......dge, 3rd Court Dhaka in Title Suit No. 171 of 1988 declaring that the plaintiff-respondent is entitled to the leasehold right in respect of the shop No. 49 in the ground floor of Baitul Mokarram as a lawful heir and successor of late Md. Ismail. 2. Plaintiff Khairunnessa filed the aforesaid title..Category: Property Law | Date: | Hits: 116
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