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Displaying 4201-4220 of 7097 results.
Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)
....one bottle of Phensidyl for chemical analysis. They arrested the appellant Badal Kumar Paul but co-accused Nowsher Ali managed to flee away. Then, he lodged a first information report under aforesaid provisions of law. 6. PW 2 ASI Abdul Hannan, PW 3 constable Mohiuddin and PW 7 constable Harun-or......Phensidyl for chemical analysis. They arrested the appellant Badal Kumar Paul but co-accused Nowsher Ali managed to flee away. Then, he lodged a first information report under aforesaid provisions of law. 6. PW 2 ASI Abdul Hannan, PW 3 constable Mohiuddin and PW 7 constable Harun-or-Rashid corrob..Category: Criminal Law | Date: | Hits: 90
.... respective petitioner after placing the respective petition and other materials on record submitted that allegations brought against the respective petitioner do not constitute any offence under the provisions of sections 5, 17, 21, 22 and 24 of the Ordinance relating to Board of Residence and Disc...... any opportunity to cross-examine any witness or to rebut any allegation or to produce any witness or evidence in his support and, as such, finding him guilty and imposing penalty upon him is without lawful authority and in gross violation of principle of natural justice and due process and protecti..
Category: Others | Date: | Hits: 116
Maliha Banu Vs. Deputy Commissioner of Taxes and others, 1997, 26 CLC (HCD)
....n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561....... Memo No. Revision-4189-90/7550-7552 dated 6-6-1990 (Annexure-C to the petition) of the office of the Commissioner of Taxes Dhaka (East) Zone. Dhaka should not be declared to have been passed without lawful authority and of no legal effect and to direct the respondent No. 1 (Deputy Commissioner of T..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
.... Contempt of Courts Act, 1926." 26. The expressions used in Articles 129 and 215 of the Constitution of India and those in Article 108 of our Constitution are in verbatim. In the context of Indian provisions the Supreme Court of India in S.K. Sarkar [S.K. Sarkar V. Vinay Chandra Misra, AIR 1981 S......y and is subject to decision on the issue of ‘remand’ by the Appellate Division and thus non compliance of the said recommendations, at the present, liable to be proceeded with in accordance with law. 5. In the instant case, the respondent-contemnor Nos. 1, 4 and 5 have been found to be guilt..Category: Criminal Law | Date: | Hits: 163
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....rance in the suit long before the filing of the application seeking permission of the Court to produce documents. He lastly submits that the order impugned in the Writ Petition being violative of the provision of rules 14 and 18 of Order VII of the Code of Civil Procedure the same is liable to be se......r that to be entered in the list to be added and annexed to the plaint stating in whose possession the document is. 13. Learned Advocate for the petitioner submits that in view of the provision of law as no case of ‘exceptional circumstances’ was made out by the plaintiff in support of his pr..Category: Civil Law | Date: | Hits: 90
....ion raised in this reference is answered in the negative and in favour of the assessee applicant.
There will be no order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 338.......wing this gift is that the donor did not also disclose who are his heirs apparent and what portion of his wealth is gifted and that donor did not make any statement as to whether the gift is valid in law. Thus he arrived at a finding that it is a means to evade taxes by taking advantage of self-asse..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
....n for prosecution of the accused from the appropriate authority, the trial of the accused appellants by the learned Special Judge is illegal and without jurisdiction, we may conveniently refer to the provision of section 6(5) of the Criminal Law Amendment Act, 1958 which provides as follows: “N......of the fact that the accused appellants were tried under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and for that there was no prior sanction for prosecution as required by law, the trial of the accused appellants and the resultant order of conviction and sentence passed a..Category: Criminal Law | Date: | Hits: 43
Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)
....e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......ugned judgments as well the evidence of the 6 witnesses examined by the prosecution. To decide the question as to whether the impugned judgment and order of conviction and sentence are sustainable in law, I am inclined to discuss the material evidence on record. 14. P.W.1 Md. Abdul Barek is the i..Category: Criminal Law | Date: | Hits: 37
A Jabber Howlader Vs. Ali Akbar Howlader and State, 1999, 28 CLC (HCD)
....end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329.......imself took cognizance of the offence under sections 406/420 of the Penal Code and issued process against the accused-respondent and transferred the case record to the trial Court for disposal as per law. 3. On receipt of the said file the learned trial Court fixed 26-4-94 for framing of char but..Category: Criminal Law | Date: | Hits: 63
Babar Hossain Vs. State, 2000, 29 CLC (HCD)
.... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ......e is liable to be set aside. The learned Advocate further submits that having regard to the fact that as the learned Courts below did not properly weigh and sift the evidence on record as required by law, the impugned order of conviction and sentence must be set aside in the interest of justice. ..Category: Criminal Law | Date: | Hits: 58
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....any that there was some technical violation of the Import Trade Control (ITC) Regulation and the petitioner company through its agent applied to the respondent No.1 for summary adjudication under the provisions of section 180 of the Customs Act and the respondent No.1 adjudicated the case and impose......zing fabrics of the petitioner as contained in container No. PCIU 4440796 and MLCU 3603969 and rotation No.964/97 and 979/97 dated 28-9-97 and 1-10-97 should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to release..Category: Fiscal/Taxation Law | Date: | Hits: 83
....pointment and the new contract, can not at all be said to be a renewal of the original contract nor on the same terms and conditions of the original contract. Under the original contract there was no provision for appointment, the provision was for renewal of the contract but after five years of ser......r the Respondents.
Writ Petition No. 2498 of 1998 with Writ Petition 2578 of 1998.
Judgment
Kazi AT Manowaruddin J. - These two Rules have been heard together as the facts and the points of law involved are exactly same. And these shall be disposed of by this common judgment.
2. All the..
Category: Employment/Service Law | Date: | Hits: 113
Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)
....1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ...... 7 persons with the petitioner Shahabuddin Ahmed as its Secretary for proper maintenance, better management and administration of the Waqf estate and also to take appropriate steps in accordance with law for removal of the said joint mutawallis, the opposite party Nos.1 to 3. Accordingly, this petit..Category: Trust/Waqf Law | Date: | Hits: 189
....e was issued and up to 19-11-97 when the order of dismissal was issued the period of 189 working days having elapsed meanwhile the proceeding is liable to be stopped against the petitioners under the provision of Clause 8 of the Rule 43 and the petitioners would be automatically exonerated of the ch......ion No.7255 of 1997 and Writ Petition No. 7301 of 1997.
Judgment
Md. Fazlul Karim J. - These Rules are taken up together for hearing and disposed of by the single judgment as common question of law and facts are involved.
2. In all the above mentioned 3 writ petitions Rules were issued call..
Category: Employment/Service Law | Date: | Hits: 87
.... by the learned Additional Assistant Judge, Court No. 4, Dhaka in Title Suit No. 58 of 1998 rejecting an application presented by the defendant-petitioners for Folding a local investigation under the provision of Order 26, rule 9 of the Code of Civil Procedure.
3. The only point that needs to be ......on of the Courts subordinate to the High Court Division. The High Court Division can interfere with any order, action, judgment and decree if it is satisfied that the same suffers from gross error of law by which a failure of justice has been occasioned. In exercise of this power the High Court Divi..
Category: Property Law | Date: | Hits: 68
Maksuda Akhter Vs. Md. Serajul Islam, 1999, 28 CLC (HCD)
.... to pay the decretal money at all, and hence this revision and the Rule has been issued. 3. Mrs. Rabeya Bhuiyan, the learned Counsel for the judgment debtor petitioner, submits that in view of the provision of section 16(3B) of the Family Courts Ordinance, 1985 the judgment debtor shall have to s......d same view was upheld by Full Bench of the Bombay High Court. The result, of my meticulous consideration of the provision of section 16(3B) of the Family Courts Ordinance, 1985 which is a special law enacted for the purpose the judgment debtor cannot avoid payment of the money of the remaining i..Category: Family Law | Date: | Hits: 162
....t made the Rules absolute, set aside the judgments and orders of the lower appellate Court and directed that the election shall be held either on 20-1-198 and/or any other date in accordance with the provisions of the Memorandum and Articles of Association of the Chamber of Commerce and the Trade Or......er alia, that the names of some of the members have been omitted from the register of members without sufficient cause whereas the names of certain other members have been entered into the register unlawfully.
20. While dismissing the said two leave petitions their Lordships in the Appellate Divi..
Category: Company Law | Date: | Hits: 198
Jalal Uddin Ahmed (Md.) and others Vs. Delwar Hossain and others, 1999, 28 CLC (HCD)
....urul Hoq, the learned Counsel for the pre-emptor opposite parties submits that since those two opposite parties were non-contesting and did not file any written objection in the pre-emption cases the provision of Order 22 rule 4(4) of the Code of Civil Procedure as amended will be applicable for the......site Parties. Civil Revision No. 4341 of 1998 and Civil Revision No. 4342 of 1998. Judgment Abu Sayeed Ahammed J. - Since both the Rules are between the same parties and on the same point of law, they are taken up together for hearing and are disposed of by this one judgment. 2. The peti..Category: Property Law | Date: | Hits: 58
Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)
....rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550.......al position as enunciated by the Appellate Division in the case of Md. Atiqullah Vs. Mrs. Sanawara Begum and others, reported in 1996 BLD (AD) 260, the learned Subordinate Judge committed an error of law resulting in his decision occasioning serious failure of justice in passing the impugned order. ..Category: Property Law | Date: | Hits: 57
Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 544.......strate who recorded the confessional statement of the accused, said that he recorded the confessional statement of accused Abul Kalam Mollah on 21-4-90 observing all the formalities as provided under law. He further claimed that the confessing accused confessed his guilt at his free will and that af..Category: Criminal Law | Date: | Hits: 32
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