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Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ......cise of power under Rule 6(2)(a) of the Gazetted Officers (National Securities Intelligence) Recruitment Rules, 1981, (Annexures H and I) should not be declared to have been passed and issued without lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Employment/Service Law | Date: | Hits: 107
Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
.... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ......n 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947) pending in the Court of Divisional Special Judge, Dhaka as contained in Annexure-C should not be declared to have been passed without lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Anti-Corruption Laws | Date: | Hits: 140
Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)
.... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ......ition) issued by respondent No. 3 directing the petitioner to submit return of his properties along with source and liabilities of the same should not be declared to have been made illegally, without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Anti-Corruption Laws | Date: | Hits: 150
Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)
....vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......nsel further submitted that by way of amendment of the plaint new facts were brought on record but the plaintiff did not adduce any evidence in support of the fact added in the plaint, though the law is that without taking any evidence as regard the facts narrated in the plaint or written statem..Category: Property Law | Date: | Hits: 28
Shahjahan Ali (Md.) @ Md. Shahjahan Vs. State, 2007, 36 CLC (HCD)
.... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ......of Sharifa Khatun to Kishoreganj Sadar Hospital Morgue for Post Mortem. PW 16 Magistrate Md Anisuzzaman recorded the confessional statement of accused Shahjahan after observing all the formalities of law and the said confessional statement is marked Exhibit 6 while the signature of magistrate therei..Category: Criminal Law | Date: | Hits: 29
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ......by adducing documentary evidence like the deed in question. The learned Counsel lastly submits that the learned Judge of the Court of appeal below failed to weigh and sift the evidence as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice..Category: Property Law | Date: | Hits: 26
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ...... Memo No. 3637 dated 18-11-1993 (Annexure-C) and the action of the respondents in evicting the petitioner from his leasehold land, vide Annexure-A should not be declared to have been made without any lawful authority. 2. The facts leading to the issuance of the Rule, in brief, are: The petiti..Category: Constitutional Law | Date: | Hits: 200
Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....Lakshmipur by declaring in the official Gazette that LA Case No. 34 of 1993-1994, so far as it relates to the petitioner's land, is abated. Ed. This Case is also Reported in: 59 DLR (2007) 383. ......ing upon the respondents to show cause as to why the order dated 25-1-1996 (Annexure-G) passed by the respondent No.2 in LA Case No. 34 of 1993-1994 should not be declared to have been passed without lawful authority and is of no legal effect and why the respondents should not be directed to release..Category: Property Law | Date: | Hits: 57
Bangladesh Film Development Corporation Vs. Chairman, Labour Court & another, 2007, 36 CLC (HCD)
....discharged. The stay order passed at the time of issuance of these Rules is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 379. ...... Writ Petition Nos. 746-751 of 2006. Judgment Quamrul Islam Siddiqui J.- These Rules were head together and are being disposed of by this common judgment as they do involve common question of law and of facts. 2. In these six applications under Article 102 of the Constitution of the Peopl..Category: Labour and Industrial Law | Date: | Hits: 181
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....thwith if not wanted in connection with any other case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345.......or trial. Again accused Kajal Ahmed Jalali, Forkan, Akhter Hossain, Ziauddin @ Bayes absconded on getting bail and trial was held in absentia against the absconding accused persons in accordance with law providing State defence lawyer for them. 10. At the trial, prosecution examined in all 65 wit..Category: Criminal Law | Date: | Hits: 109
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
..... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ...... fact that the impugned judgment and decree are replete with surmises and conjectures not based on evidence and material on record thereby leading to a misreading of evidence resulting in an error of law and decision occasioning failure of justice. On behalf of the plaintiff-opposite party, it is ge..Category: Property Law | Date: | Hits: 32
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
....ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......es of each of the contesting parties. However, the learned Advocate for opposite party No.1, at the time of making submissions, asserted that opposite party No. 1 is not in a position nor required by law to answer any issues arising which have not been pleaded in the petition. Nevertheless, I am s..Category: Intellectual Property Law | Date: | Hits: 199
Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)
....e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328....... 7. The learned Assistant Attorney-General, Mr. AKM Nurul Alam, while opposing the Rule submitted that the accused petitioners preferred this Miscellaneous application on the ground that they have lawfully acquired the disputed property from its lawful owner and also obtained decree from the comp..Category: Criminal Law | Date: | Hits: 28
Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)
....e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ......ave a copy of any order or deposition or other part of the record he shall, on applying for such copy, be furnished therewith……………………..” 16. Upon a plain reading of the aforesaid law, it is clear that it has made a provision giving right to any person “affected by any judgment..Category: Criminal Law | Date: | Hits: 25
N Mohd Engineering Industries Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... as formulated in paragraph No. 7 of the application in the negative and in favour of the assessee. The parties will bear their own costs. Ed. This Case is also Reported in: 54 DLR (2002) 132.......ported in (1944) XII ITR 393. The learned Advocate further submits that in estimating the gross profit there must be a basis. The learned Advocate finally submits that the Appellate Tribunal erred in law in maintaining estimate of receipts and gross profits without finding out that Books of Accounts..Category: Fiscal/Taxation Law | Date: | Hits: 72
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
.... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ......by the agent not arising out of business transaction as decided by their Lordships in that case. 13. There is also another side of the point. Admittedly the accused petitioner has not paid the lawful dues of his principal against which the accused petitioner has taken a stand that the princip..Category: Criminal Law | Date: | Hits: 81
Noor Alam Hossain Vs. State and others, 2006, 35 CLC (HCD)
....e him preferably within three months from the date of receipt of the judgment. Let a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 322. ......the accused petitioners under sections 463/465/471 of the Penal Code in pursuance of an application filed by defendant under section 476 of the Code of Criminal Procedure is not permitted under the law and, as such, the proceeding is an abuse of the process of the Court. 6. On the above fac..Category: Criminal Law | Date: | Hits: 40
Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
.... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ......n the FIR there is no incriminating material to connect them with the collection of the victims men, women and child from different places and taking them to Hilli border for exporting to India for unlawful and immoral purpose under allurement to give them job and business. 20. The learned Ad..Category: Criminal Law | Date: | Hits: 84
AKM Shamsuddin Vs. Secretary, Ministry of Establishment and others, 2007, 36 CLC (HCD)
....ny merit in this Rule. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 312. ....../Neog-1/2000/440 dated July 25, 2001 (Annexure-B) issued by the respondent No. 3, Joint Secretary (Police), Ministry of Home Affairs, Police Section-1.should not be declared to have been made without lawful authority and is of no legal effect and the respondents are also asked to show cause as to wh..Category: Employment/Service Law | Date: | Hits: 76
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ......f affairs of the company, both the DCT and the Appellate Tribunal acted illegally in not accepting the same as a whole. Mr. Altaf Hossain lastly submits that the Appellate Tribunal committed error of law in not allowing the entire amount of perquisites paid to the employees of the company, and, as s..Category: Fiscal/Taxation Law | Date: | Hits: 64
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