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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.......asis of the allegations as described in the charge being based on the inquiry report submitted by the Inquiry Committee. The President of the Taxes Appellate Tribunal Division Bench No.1 Dhaka has no jurisdiction to initiate any departmental proceeding against the petitioner and the impugned proceed..Category: Employment/Service Law | Date: | Hits: 71
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....d any reason as to why their predecessor Bangladesh Freedom Fighter Welfare Trust showed the said loan as long term loan in their Enterprise profile. The petitioner has further stated that out of the total quoted bid money amounting to Taka 90,00,001.00 the petitioner deposited 25% of the quoted pri......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. ......n, but no decision for altering the terms of the contract for making the loan as short term instead of long term in that proceeding was made. Mrs. Tania Amir has cited various decision of the English jurisdiction, Indian and also of our Courts in support of her contention that the executive authorit..Category: Others | Date: | Hits: 95
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. ......-empted, as it can not be treated as a part of a holding as defined in section 96 of the State Acquisition and Tenancy Act. Trial Court dismissed the case for pre-emption finding, inter alia, that in absence of the Khatian Number and Plot Number the land which has been transferred cannot be termed a......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. ..Category: Property Law | Date: | Hits: 67
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
....ot be removed even by way of amendments of the plaint. It appears that the learned trial Court dismissed the suit not only on the ground of defect of parties but also on the ground that the plaintiff totally failed to prove his title in the suit land. 9. The learned Advocate for the opposite part...... 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)
....ons including the defendant No.3 inherited 0.11 acre of land each, that in this manner the defendant No.3 became owner of 0.47 acre of land by purchase and 0.11 acre of land by way of inheritance, in total 0.58 acre that the defendant No.3 while in possessions of the aforesaid 0.58 acre, of land, so......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
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......., 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....... testimony of a single witness. 30. The object of Revisional Jurisdiction under section 439 of the Code of Criminal Procedure is to confer the High Court Division a kind of paternal or supervisory jurisdiction in order to correct miscarriage of justice. The revisional power of the High Court Divi..Category: Criminal Law | Date: | Hits: 42
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.......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.......the Criminal Law Amendment Act 1958 and, as such, the proceeding adopted and constituted by the learned Sessions Judge as well as by the learned Additional Sessions Judge, 5th Court, Dhaka is without jurisdiction. It is also submitted that as per provision of section 5A of the Prevention of Corrupti..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.......dsha. Since main allegation against Bachu and Harun is of conspiracy to murder the victim in the FIR supported by the confessional statement of the accused Badsha though subsequently retracted, their absence from Bangladesh on the date of occurrence has no relevance for the purpose of granting bail ......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
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. ......been guilty of an offence punishable with death or imprisonment for life. We find no reason why the accused petitioner should be detained in custody simply for the purpose of further investigation in absence of materials placed before us showing that there are reasonable grounds for believing that h...... 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)
.... 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. ......se notice and reply thereto from the delinquent) is the best way for observance of the principle of Natural Justice, save and except some exceptional circumstances. 31. When the Law is articulate, absence of subordinate law will not prevent the law from its application; Rule cannot supersede the ...... 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)
..... The learned Sessions Judge on a superficial consideration of the confessional statement observed that in this statement exhibit 11, the recording Magistrate issued a memorandum. This observation is totally based on misreading of the confessional statement exhibit 11 in which, as observed above, th...... over to the maker after his statement was recorded which was the true and correct version and it contained a full and true account of statement made by the maker. Such a record is conclusive, in the absence of anything to the contrary, as to the fact that such warning was given before the confessio......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)
....arty in the above Title Suit No.7 of 1990. The respondent No.1 contested the above miscellaneous case by filing written objection denying the material allegations made therein and contending that the total land in Dag No.3223 is 53 decimals out of which 26 decimals belonged to Roshik Chandra and Sot......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)
.... 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. ...... 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)
....eously admitted into evidence and that Ext.4 and 8 had not been properly considered and that there being a serious dispute regarding title, ownership and possession of the plaintiff and the plaintiff totally failing to prove right, title of ownership and possession and the suit ought to have been di......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. ...... of evidence on record, this question could not be decided again in a review application filed by the defendants and the learned Subordinate Judge passed in the impugned Judgment, which is beyond his jurisdiction as the application was not filed following the provisions of Order 47 rule 1 of the Cod..Category: Property Law | Date: | Hits: 59
Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)
....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.......lice Station on 18-11-91 alleging, inter alia, that on the night following 12-11-1991 while he along with his father and other brothers were away at the beel to catch fish and taking advantage of the absence from house, Azizul Pramanik and other accused persons broke open the door of their house and......on against the petitioner. That being the legal position the Order dated 28-9-92 of the Additional Sessions Judge was wrong and such taking of cognizance of offence against the petitioner was without jurisdiction and manifestly illegal, as such, liable to be quashed. 13. The learned Advocate, on ..Category: Criminal Law | Date: | Hits: 50
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....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. ......n 30A of the Customs Act, 1969 the mischief, want of authority, by the Parliament in sub-section (7) of section 25 of the Act which was in existence has been removed. Thus, the contention that in the absence of any guideline no action can be taken as has been taken by the impugned order of assessmen......d where the invoice value is less than the tariff value the determining factor for assessing customs duty is the invoice value. We can not read such thing in section 25(7). We do not find any want of jurisdiction under section 25(7) on the part of the customs authority to assess the duty under chall..Category: Fiscal/Taxation Law | Date: | Hits: 84
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....t claim the auctioned property and the decree as well as the auction notice do not show that the mortgaged property is specified or clearly identified or demarcated and can easily be separated out of total land in the dag in question, section 32 (2) of the Ain, 2003 is therefore not attracted and se...... 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: ...... 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)
.... 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: ......pplementary affidavits and the annexes therewith. He submits that mainly it was the responsibility of the contemner to prepare the bill, get it signed by the Chairman of the Managing Committee, or in absence of Managing Committee by the District Education Officer and to send it for encashment to the...... 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)
....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: ......ndant (herein the petitioner) cultivated their father’s land and she would have proportionate share of the crops produced. In late Aswin, 1384 B.S the defendant, taking advantage of her husband’s absence, told her that he had consulted with a good doctor at Natore for her better treatment and th......d, or that there was patent error of law resulted in an error in decision occasioning failure of justice, this Court will not interfere into the concurrent findings of facts in exercise of revisional jurisdiction. For the reasons stated above, I don’t find any substance in the Rule. Accordi..Category: Property Law | Date: | Hits: 54
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......for selling the property under the provision of the Code of Civil Procedure. 5. Being aggrieved by the said order dated 5.4.2010 the petitioner-company moved this Court under its special original jurisdiction and obtained a Rule and ad-interim order staying all further proceedings in the said ex..Category: Procedural Law | Date: | Hits: 95