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Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
.... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ......show cause as to why the order dated 31-8-1988 (Annexure ‘E’) passed by the respondent No. 1 dismissing the Case No. 955 of 1987 for default should not be declared to have been passed without any lawful, authority and is of no legal effect or such other or further order or orders passed as to th..Category: Property Law | Date: | Hits: 37
Kashem Vs. State, 2001, 30 CLC (HCD)
....the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ......ll justified in convicting and sentencing the accused appellant on the basis of the evidence of only police personnel and, as such, the impugned order of conviction and sentence is not sustainable in law. The learned Advocate further submits that in view of the fact that the prosecution has failed t..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Sarwar Kamal, 2010, 39 CLC (AD)
.... of the said Writ Petition on merit, if so advised. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 8, 19 BLT (AD) 2011, 17....... 3. Mr. Rokanuddin Mahmud, the learned Counsel appearing for the Writ Petitioner, submits that the Writ Petitioner is an elected Councilor and he has been performing his duties within the ambit of law. As such, being aggrieved by the impugned order dated 20.10.2010, issued by the Ministry of Loca..Category: Civil Law | Date: | Hits: 104
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
.... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ......r, the petitioner moved this court and obtained the present Rule. 7. Mr. Garib Newaz, the learned Advocate appearing for the petitioner, submits that the learned Assistant Judge seriously erred in law in dismissing the petitioner’s execution case on the erroneous view that since the plaintiff p..Category: Procedural Law | Date: | Hits: 79
Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)
....n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184.......-section (1)”. 5. From the above provision it is quite clear that in this provision nothing is mentioned as to under whose order further investigation may be held. When it is not provided in the law itself as to under whose order a Police officer may hold further investigation, we are of the vi..Category: Procedural Law | Date: | Hits: 65
Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)
....er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ......e of death of the deceased while the husband of the deceased (appellant No. 1) himself was found absconding without any explanation. He neither gave any information to the police nor to his mother-in-law that her daughter has died by committing suicide by taking poison or to any local people. He thu..Category: Criminal Law | Date: | Hits: 28
State Vs. Moslem, 2002, 31 CLC (HCD)
....upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......sion of crime but the train of crime could not be stopped. Social stability and an order are required to be regulated by proceeding against the offenders and by imposing proper punishment mandated by law. Society's cry for justice becomes louder and Court must hear the loud cry for justice by societ..Category: Criminal Law | Date: | Hits: 82
Maksuda Begum Vs. Secretary, Ministry of Home Affairs and 2 others, 1999, 28 CLC (HCD)
....ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174.......ties to show cause as to why the detenu Abul Hossain Mia @ Abul Hossain Pada & Abul Pada detained in Dhaka Central Jail should not be brought before this Court to be dealt with in accordance with law. 2. The detenu was detained by order dated 19-9-1999 issued by District Magistrate, Barisal w..Category: Criminal Law | Date: | Hits: 44
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172.......ns pressed into service on behalf of the petitioners are as follows: (a) The order staying the proceeding of the Execution Case having been rested upon a total misconception and misapprehension of law and fact, the said order can be easily vacated by invoking the Courts inherent power under secti..Category: Civil Law | Date: | Hits: 66
....in favour of the applicant.
Accordingly this reference is answered in the negative and the parties are left to bear their own costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 170.......Taxes and the subsequent modification of the said order by the Appellate Joint Commissioner of Taxes and affirmation of the said appellate order by the Taxes Appellate Tribunal cannot be sustained in law in view of the fact that in passing the assessment order the Deputy Commissioner of Taxes relied..
Category: Fiscal/Taxation Law | Date: | Hits: 65
....ull power and authority by virtue of the 2nd proviso of section 4 of the Act, 1974 to ‘extend, curtail or otherwise alter the limits of any area for which a Nikah registrar has been licensed’, by amending section 4 of the Act, 1974 vide Ordinance 49 of 1982 with effect from 25-11-1982.
9. Sec......ts to show cause as to why the Impugned Memo dated 13-4-95 Annexure ‘A’ and the Impugned Notice dated 12-7-95 Annexure ‘B’ to the petition should not be declared to have been made without any lawful authority and to be of no legal effect. Pending hearing of the aforesaid Rule the operation o..
Category: Employment/Service Law | Date: | Hits: 76
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......by defendant-appellant-petitioners and obtained present Rule. 5. Mr. Abdul Wadud Bhuiyan, the learned Advocate for the petitioner, has submitted that the learned Courts below committed an error of law decreeing the suit. The learned Judge has committed mistake in not finding that the suit is not ..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....d of Trustees of a port or other authority legally entitled or entrusted by the Government with the control or management of a Municipal or a local fund.” 18. The said definition was extended by amending it in 1972 with retrospective effect from 16-12-71. The following words namely, ‘or any c......ion Nos. 27 to 32 & 34 to 36 of 1992). Reference Application Nos. 222, 223, 224 & 225 of 1991 and Nos. 27-32 & 34-36 of 1992. Judgment Syed Amirul Islam J.- As common question of law is involved in all these references they were heard together and are being disposed of by this j..Category: Fiscal/Taxation Law | Date: | Hits: 94
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......possessed after filing of the suit and in decreeing the suit and directing the eviction of the defendants having regard to the provision of section 55 of the Specific Relief Act committed no error of law but the appellate Court committed error of law in reversing the judgment and decree of the trial..Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......d in inflicting a fine of Taka 30,00,000 upon the person who imported the goods when penalty has been inflicted for making false declaration and whether the customs authority was authorised under the law to impose any penalty for violation of the provision of section 32 of the Customs Act in view of..Category: Fiscal/Taxation Law | Date: | Hits: 70
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....ender schedule tenders were to be opened at 1.30 P.M. on the same dated i.e. on 26.09.2001. Subsequently first corrigendum to the said tender notice was published on 24.09.2001 in the aforesaid Daily amending the provisions concerning earnest money at the rate of 5% of the quoted amount instead of f...... and Memo No. RAJUK/Estate 2827 Star dated 14.08.2003 issued by the respondent No.5, Annexures-F and F-1 to the Writ Petition respectively, should not be declared to have been issued and made without lawful authority and to be of no legal effect. 4. The Rule was subsequently modified as under:- ..Category: Others | Date: | Hits: 81
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......rtificate produced by the plaintiff on 13.9.84 in support of his illness. He argued that they arrived at this decision by misreading or non-reading of the medical certificate which is an error of law. 7. Mr. Abdul Kuddus Miah, the learned Advocate appearing on behalf of the opposite party s..Category: Procedural Law | Date: | Hits: 95
....
Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compliance.
Syed Fazle Ahmed J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 193.......Besides that, for the non-payment of the loan specific misc. case as well as criminal case were brought and for that reason also the detention under the Special Powers Act can not be sustained in law. Further there was no order for detention after expiry of the previous extended term which exp..
Category: Banking Law | Date: | Hits: 151
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
....de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ...... on 7.10.78 at 6.15 P.M. at Barman P.S. The informant further said that he identified three dacoits at the T.I. Parade and his daughters P.W. 2 Rawshan Ara Begum, P.W. 3 Rasheda and his daughter-in-law Farida also identified dacoits at the T.I. Parade. The informant and his two daughters also id..Category: Criminal Law | Date: | Hits: 49
State Vs. MA Monir & Others, 1987, 16 CLC (HCD)
....ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183....... 5 of the 12th June, 1986 containing scandalous allegations against the Judges. as a class and the Bench Officers of the Judges as a class, thus undermining the dignity and authority of the Courts of law in Bangladesh and lowering the reputation of the entire judicial system in the estimation of..Category: Criminal Law | Date: | Hits: 35
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