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Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)

....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......ng that such person would not appear to take the trial. 17. In State Vs. Abdul Wahab Shah Chowdhury and another 51 DLR (AD) 242 the Appellate Division held: The provision for bail in a criminal case beginning from the initiation of proceeding upon the conclusion of the trial has been made in C..

Category: Criminal Law | Date: | Hits: 79

Syed Afsaruddin Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others, 2009, 38 CLC (AD)

....and thus there is no merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127. ......nst the judgment and order dated 27.11.2007 passed by a Division Bench of the High Court Division in Writ Petition No. 6916 of 1997 discharging the Rule. 2. In the writ petition the listing of the case property as an abandoned property has been challenged by the writ petitioner claiming to be the..

Category: Property Law | Date: | Hits: 54

Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)

.... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ......oods shall be determined on the following assumption namely: (a) that the goods brought by sea or land are treated as having been delivered to the buyer at the port or place of importation, as the case may be, and that goods brought by air are treated as having been delivered to the buyer at the ..

Category: Fiscal/Taxation Law | Date: | Hits: 79

Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)

....86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379....... proceeding that no court shall take cognizance of any offence punishable under section 172 to 188 of the Penal Code except on the complaint in writing of the public servant concerned. In the instant case, the learned Magistrate himself is the public servant whose order has been alleged to have been..

Category: Criminal Law | Date: | Hits: 57

Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)

....estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......assed by the Taxes Appellate Tribunal, Dhaka, Bench-3. As the same question of law and fact is involved these two reference applications are being disposed of by this single judgment. 2. It is the case of the appellant that Bangladesh Rural Advancement Committee which is a registered society unde..

Category: Fiscal/Taxation Law | Date: | Hits: 99

Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)

....In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149.......eous Appeal No. 80 of 1994 before the District Judge, Dhaka against the impugned order dated 28-3-94. The petitioner invoked the application of section 14 of the Limitation Act due to prosecuting the case in a wrong forum out of bonafide mistake. Heard the learned Advocates of the parties on the poi..

Category: Property Law | Date: | Hits: 57

Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzzaman DD, Bureau of Anti Corruption, Dhaka and others, 1998, 27 CLC (HCD)

....sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 145.......ly refused to supply the same on the ground that it was an administrative order and the petitioner is not entitled to get the same but a photocopy was allowed. It has to be mentioned that no specific case was filed by the respondent Nos. 1 and 2 before the learned District and Sessions Judge or any ..

Category: Criminal Law | Date: | Hits: 41

Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)

....1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......on as well as permanent injunction in respect of the suit property? 5. Two witnesses were examined on behalf of the plaintiff-respondents and none was examined by the appellant in support of their case. 6. During the hearing of the suit 26 documents were proved and marked exhibits 1-9 series o..

Category: Property Law | Date: | Hits: 116

Mainul Haque (Md.) Vs. Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, 1998, 27 CLC (HCD)

....efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 136....... the said review petition to the Board. The petitioner under such situation submitted another review petition to the Chairman, Water Development Board directly on 25-7-1996 for finalisation of review case in terms of provision of clause No. 146/2(C) of Bangladesh Water Development Board (Employees) ..

Category: Employment/Service Law | Date: | Hits: 72

Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)

....ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ......ersing the judgment and order dated 29-9-88 passed by the Assistant Judge, Gobindaganj, in Miscellaneous Case No. 64 of 1984 disallowing pre-emption. 2. Short facts relevant for the purpose of the case are that, opposite party Nos.1 and 2 as pre emptors filed a case land under section 96 of the S..

Category: Property Law | Date: | Hits: 56

Mukit and others Vs. State, 2011, 40 CLC (AD)

....in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......rer Nessa under section 302/109 of the Penal Code and accused Mukit under section 302 of the penal Code, to which, they pleaded not guilty and claimed to be tried. The prosecution in sup­port of its case has examined 13 witnesses but the defence examined none. 3. The learned Additional Sessions ..

Category: Criminal Law | Date: | Hits: 49

A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)

....ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ......t and why direction should not be issued upon writ-respondents-petitioner Nos.3 to 5 to hold election of the Managing Board of Bangladesh Red Crescent Society within 1 months from such direction. The case of the writ-petitioners-respondents described themselves as the life members of Bangladesh Red ..

Category: Civil Law | Date: | Hits: 116

State Vs. Mukta Khan and another, 2011, 40 CLC (AD)

....ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ......ithin 8(eight) weeks from date with a further direction to the law enforcing agencies not to arrest or harass or disturb them in any manner presumably in connection with the Shailokupa Police Station case No.8 dated 11.08.2010, filed under sections 143/341/323/326/302/114/34 of the Penal Code, pendi..

Category: Criminal Law | Date: | Hits: 55

Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)

....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 19. ......ore redemption of the mortgaged property without any issue leaving behind 12 cousins as her heirs and the present plaintiffs are amongst the aforesaid 12 heirs of Kadbanu Bewa. The plaintiffs further case is that the defendant Nos.8-72 are the purchasers and have been in possession. Their further ca..

Category: Property Law | Date: | Hits: 60

Azam Khan Chowdhury Waqf Estate Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (AD)

.... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. This Case is also Reported in: 19 BLT (AD) (2011) 5. ......ces Annexures-E, E1 and G to the writ petition to be declared to have been passed without any lawful authority and is of no legal effect. The High Court Division having not gone into the merit of the case for ascertaining as to whether the impugned tender notices so far it relates to the Annexures-E..

Category: Property Law | Date: | Hits: 71

Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)

.... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133.......as been passed under Martial Law Order 9 of 1982 against which a review petition was duly filed and as the same has not yet been disposed of we are not inclined to enter into the merit and decide the case on merit. 5. The learned Assistant Attorney-General contends that as the action has been tak..

Category: Employment/Service Law | Date: | Hits: 78

Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)

....he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129.......if refused it and tried to kill the child in her womb. Eventually, she gave birth to a female child. A salish was subsequently held over the matter but the accused did not attend the salish hence the case. 3. Upon the aforesaid allegations accused petitioner Md. Hanif Sheikh was put on trial befo..

Category: Criminal Law | Date: | Hits: 67

Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)

....ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125.......e Additional Sessions Judge, 1st Court, Chittagong in Criminal Appeal No.46 of 1986 dismissing the appeal and upholding the judgment and order dated 12-3-86 passed by the Magistrate, Hat-Hazari in GR case No.45 of 1985 convicting petitioner Al-haj Nurul Alam Chowdhury under sections 447/323 of the P..

Category: Criminal Law | Date: | Hits: 68

Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ......sion. (2) An appeal to the Appellate Division from a judgment, decree, order or sentence of the High Court Division shall lie as of right where the High Court Division— (a) Certifies that the case involves a substantial question of law as to the interpretation of this Constitution; or (b)..

Category: Fiscal/Taxation Law | Date: | Hits: 90

Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)

....dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......Credit Information Bureau (in brief CIB) of Bangladesh Bank showing her name as related with Ben-Lub Pte Ltd., a defaulting borrower company against borrower code No. 56421. 2. The petitioner’s case in short is that she is a share holder to the extent of 15% in the said Ben-Lub Pte Ltd. In cou..

Category: Civil Law | Date: | Hits: 167