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Nabiran Bibi Vs. Md. Panna Miah and others, 1998, 27 CLC (HCD)
....learned District Magistrate, Manikganj with a copy of Judgment for disposal of the case by a competent Magistrate for disposal of the case. Ed. This Case is also Reported in: 52 DLR (2000) 394. ...... LC record along with the Memo of appeal. Mr. Ashfaqul Islam, the learned Advocate for the appellant submits that the order of acquittal passed by the learned Additional District Magistrate is bad in law and fact. He further submits that the learned District Magistrate committed an error of law in a..Category: Criminal Law | Date: | Hits: 44
Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)
....his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ......ue to the petitioners since May 1999 for their service in their respective capacities as teachers and staffs of the Durduria Madinatul Ulum Dakhil Madrasha at Lalpur, Natore are recoverable under the law. The stoppage of salaries and allowances of the petitioners does not fall within internal affair..Category: Employment/Service Law | Date: | Hits: 84
Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)
....t, as produced by the defendant-petitioner, that there was a condition that after expiry of 15 years the title of the suit land should be vested with the petitioner free from all encumbrances. As per provision of section 81 of the State Acquisition and Tenancy Act, the Government may lease out any l...... Agrahayan, 1387, that is on the alleged date of oral agreement, the defendant petitioner having had no saleable interest in the land under dispute so the said agreement is no agreement in the eye of law and by the said agreement the plaintiffs did not acquire any right in the land under dispute. He..Category: Property Law | Date: | Hits: 84
State Vs. Md. Abdul Kuddus and others, 2010, 39 CLC (AD)
....ecretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. ...... far-sightness. It appears that accused Nuru Miah did not implicate himself with the commission of murder in terms of offence and the same is out and out exculpatory. It is a settled principle of law that exculpatory confession unconnected with commission of offence is no confession in the eye..Category: Criminal Law | Date: | Hits: 47
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka-4) Vs. State, 2009, 38 CLC (AD)
....nal) Ordinance, 1960, the complaint, investigation, enquiry, filing of case or sanction cannot be tried under the Anti-Corruption Commission Act, 2004 as they do not come within the transitional provisions contained in Section 38 thereof inasmuch as the provision of Section 27(1) has been wrong......ions contained in Section 38 thereof inasmuch as the provision of Section 27(1) has been wrongly applied in the facts and circumstances of the case and the High Court Division committed an error of law contrary to Article 35(1) of the Constitution in failing to consider that some of the alleged ..Category: Anti-Corruption Laws | Date: | Hits: 120
Rakib and others Vs. State, 2010, 39 CLC (AD)
....e above, we find no substance 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) 57. .......M. Shahabuddin having gone out of his house went to a tea stall belonging to Al-Almin, situated in front of his house. Shahabuddin had started taking tea along with Azimuddin his maternal uncle-in-law and one Mostafa at that time accused Omar Miah, Rakib, Habib, Rafique, Sabuj, Quadir, Kala Manik..Category: Criminal Law | Date: | Hits: 38
Kazi Md. Ruhul Amin Vs. Abdur Rahman Chowdhury and another, 2009, 38 CLC (AD)
....epts the final report. While discharging the accused the Magistrate has applied his judicial mind and such order becomes the judicial order. The whole aim and object of the legislature to insert such provision is to give finality of the proceeding in case when the police submits final report and the......trate accepted the report and discharged the accused persons. 5. Mr. Bivash Chandra Biswas, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division erred in law resulting in an error occasioning failure of justice in misreading, misconstruing and misunder..Category: Criminal Law | Date: | Hits: 44
Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)
....nts created or fabricated by the accused for obtaining clearance. The learned Counsel finally submitted that all SRO's and documents relating to clearing of imported goods at Sona Masjid, pursuant to provision of customs Act notices as point of law was duly produced in the High Court Division by sup......obtaining clearance. The learned Counsel finally submitted that all SRO's and documents relating to clearing of imported goods at Sona Masjid, pursuant to provision of customs Act notices as point of law was duly produced in the High Court Division by supplementary affidavit but although these are i..Category: Criminal Law | Date: | Hits: 55
Managing Director, Dhaka WASA Vs. Meer Awlad Hossain and others, 2010, 39 CLC (AD)
....vice." Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 45.......ivision upon hearing the parties by the impugned judgment made the rule absolute and declared the deduction of Tk. 201117.7 from the retirement benefit of the writ petitioner as has been made without lawful authority and directed the writ respondents to pay the said amount to the writ petitioner wit..Category: Employment/Service Law | Date: | Hits: 87
District Registrar, Manikgonj Vs. Md. Shariful Islam and others, 2009, 38 CLC (AD)
....dant petitioner No.3 directing the plaintiff to remain present in his office on 21.4.1994 with the register, seal and other documents being illegal, beyond jurisdiction and contrary to the relevant provisions of law are not binding upon him. 4. The plaintiff filed the above suit on the averment......r No.3 directing the plaintiff to remain present in his office on 21.4.1994 with the register, seal and other documents being illegal, beyond jurisdiction and contrary to the relevant provisions of law are not binding upon him. 4. The plaintiff filed the above suit on the averments that after p..Category: Civil Law | Date: | Hits: 106
Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)
....t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23.......arties by the impugned judgment dated 19th April, 2007 made the rule nisi absolute and directed the writ respondents to reopen the exchange case in question and dispose of the same in accordance with law within 6(six) months from the receipt of the judgment. 6. We have heard the learned Deputy At..Category: Property Law | Date: | Hits: 81
Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)
....l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19.......laiming their title and possession, on the basis of registered deed from the vendors and that they got their names mutated in the records of right and paying rent to the Government in accordance with law. But the government recorded the suit land in the khas Khatian illegally and trying to settle ..Category: Property Law | Date: | Hits: 93
Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)
....bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ......tted in evidence that নালিশী কবলা ভুক্ত জমি জমা ভাইয়ের পুত্র গন আবাদ করে” and that the High Court Division erred in law in not holding that without seeking consequential relief. The simple suit for declaration that t..Category: Property Law | Date: | Hits: 84
Commissioner of Customs and others Vs. Ruhul Amin Bachuchu and others, 2009, 38 CLC (AD)
....ry period of six months from the date of the assessment has no basis when admittedly no final assessment of the duty payable on the imported goods was made by the petitioner till date and further the provisional assessment was made by them after 3/4 months of the arrival of the goods without recordi......of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ayesha Siddika and others Vs. Sayed Rafiqul Islam Rafiq and others, 2010, 39 CLC (AD)
....orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ......Division in Civil Revision No. 2070 of 2009. 5. Mr. Abdus Salam Khan, learned Senior Counsel appearing for the petitioners, argued that the learned Single Judge of the High Court Division erred in law in not staying the further proceedings of the execution case in failing to consider that law e..Category: Property Law | Date: | Hits: 89
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....res of the Ain of 2009. Therefore, the petitioner challenged the legality of the Metro Special Case No.126 of 2010 in Writ Petition No.6286 of 2010 mainly on the ground that the proceedings under the provisions of the Ain of 2009 is barred under Articles 35(1) and 44 of the Constitution since the al...... 2002 was saved by the Ordinance of 2008 with some modifications of the provisions of the Ain of 2002 and the provisions of Ordinance of 2008 was saved by the Ain of 2009 and there is a continuity of law relating to the Money Laundering Protirodh Ain and as such the case should be disposed of under ..Category: Civil Law | Date: | Hits: 174
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
.... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ......rence at about 4‑00 PM and went to the place of occurrence accompanying PW4, the Chairman of the local Union Parishad. He was a witness of the seizure list and he proved the same in accordance with law. PW3 Mustafa Kamal is also a witness of the seizure list and he proved the same. PW4. Kamaluddin..Category: Criminal Law | Date: | Hits: 84
Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)
.... failed to consider that Rahima Khatun was not reliable as she also claimed some quantum of land by virtue of a deed of gift and the alleged defect of parties was not fatal in the suit in view of the provision of rule 9 of Order 1 of the Code of Civil Procedure, particularly when there was no disput......e Division against the judgment and order passed by this Court which fact has been admitted by the applicant in the supplementary affidavit, so the application for re‑hearing is not maintainable in law and the same is liable to be rejected on the ground of maintainability. 7. It appears that th..Category: Property Law | Date: | Hits: 73
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
.... under the said agreement, having been made and no step was taken by her in that respect the said agreement even if there was one, lost its force by efflux of time. Besides, she claims in view of the provisions of Article 4 of the Order all shares and other proprietary interest of the company vested......ondents to show cause as to why the order of respondent No. 2 contained in Memo No. Liquidator/300/57/532 dated 9‑3‑1986 (Annexure‑1) should not be declared to have been made and issued without lawful authority and of no legal effect. 2. It is stated in the petition that the petitioner is ..Category: Business or Commercial Law | Date: | Hits: 194
Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
.... the said branded cigarette is that manufacture of the applicant for rectification and of nobody else and in registering the Trade Mark of the appellant the respondent No. 1 failed to comply with the provisions of section 8(a) and section 10(1) of the Act in that the Trade Mark of the appellant clos...... that the Government of Bangladesh has imposed ban of the State Express 555 Cigarettes manufactured by the respondent No. 2 and therefore, the respondent No. 14 could not claim to be prejudiced under law. It has further been contended that since the mark of the appellant does not resemble the mark o..Category: Intellectual Property Law | Date: | Hits: 226
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