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Moinuddin & others Vs. State, 2007, 36 CLC (HCD)

....ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ......ceased victim Abdul Motlib. On this point, to our knowledge, a cartridge of gun contained so many small bullets and consequently, for one gunshot the deceased victim Abdul Motlib might have sustained number of injures on his person and, as such, we are unable to see eye to eye to such sub­mission m..

Category: Criminal Law | Date: | Hits: 24

Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ......ed that the Attorney did not receive any bills from the authori­ty to the satisfaction of the company because in the voucher of the cheque delivery (Annexure-2)(a) there is no mention of bank cheque number or date and in that view of the matter, it clearly appears that the Attorney did not receive ..

Category: Alternative Dispute Resolution | Date: | Hits: 96

Mark Parco and others Vs. State and another, 2007, 36 CLC (HCD)

....ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ......Ziaul Hasan, Advocate - For the added Opposite Party No.2. Criminal Miscellaneous Case No.8550 of 2001. Judgment Sharif Uddin Chaklader J.- This rule at the instance of the petitioners, 3 in number for quashment of the proceeding of Doublemooring P.S Case No.17 dated 17.10.2001 under sectio..

Category: Criminal Law | Date: | Hits: 114

Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)

....alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ......hall, as far as may be, apply in rela­tion to such report or reports as they apply in relation to a report forwarded under sub-section(1)." It is, therefore, clear that the police can submit any number of supplementary charge-sheets. In this case the. prosecution discovered that the offence of ..

Category: Criminal Law | Date: | Hits: 144

Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)

....Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ...... CrPC is to ensure conducting of search in an impartial way and fair manner and also ensure that there is no planting of incriminating articles by the police or by any other person. There are quite a number of cases where the local witnesses of search and seizure do not support the police out of fea..

Category: Criminal Law | Date: | Hits: 134

Awlad Hossain Vs. Bangladesh Shilpa Bank (BSB), Maijdi Branch, Noakhali and others, 2010, 39 CLC (HCD)

....on granted by this Court in C. Rule No.613 (P.M.5/2003 stands vacated. Communicate this Judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 444. ......d money and got boynama on 28.08.2003. It also appears that the appellant has not deposited any single farthing to fortify his claim, who in order to create problem in the execution proceedings filed number of applications on various plea before the executing Court. 17. On an analysis of the impu..

Category: Civil Law | Date: | Hits: 145

Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)

....e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......kta Begum, Md. Khandaker Amirul Islam Tuku and Sharif Masudul Haque as the defen­dants Nos.1-4 and also impleading the Sonali Bank, its Managing Director and two Deputy General Mangers as defendants numbers 5 to 8. The plain­tiffs case, in brief, is that they have purchased 100% shares from defend..

Category: Administrative Law | Date: | Hits: 212

AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)

....Ain is to be followed before taking action under sec­tion 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ......e Execution Case No.183 of 2000. The second execution case was rejected disallowed on 24-10-2002. Thereafter, the Bank on 28-4-2003 filed Decree Execution Case No.60 of 2003 which was subsequently, renumbered as Artha Jari Case No.74 of 2003. In the execution case, the Adalat on perusal of the recor..

Category: Civil Law | Date: | Hits: 159

Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)

....dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ...... dispute, the relevant legal provisions of the Easement Act, 1882, particularly sections 52, 56 and 59 are quoted below: "52. License defined.- Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immoveable property of the..

Category: Civil Law | Date: | Hits: 123

Metro Makers and Developers Limited and others Vs. Bangladesh Environmental Lawyers’ Association Limited (BELA) and others, 2012, 41 CLC (AD)

....red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J. I agree with the reasoning and findings given by Syed Mahmud Hossain, J. Ed. This Case is also Reported in: ...... all (Isle of Wight Railway Vs. Tahourdin, 25 Ch. D. 332).” Blacks’s Law Dictionary, Sixth Edition the meaning of the word ‘any’ is as under: “Some; one out of many, an indefinite number. One indiscriminately of whatever kind or quantity. Federal Deposit Ins. Corporation Vs.Winto..

Category: Environmental Law | Date: | Hits: 434

Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)

....mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......entary Sub-Committee’s recommendation, ought to be issued. 19. Our Considered view is that to defoliate the maze that obscure the issues the petition has engendered, we are required to explore a number of areas that are pertinent. They orbit round the natures of the job the Supreme Court Judges..

Category: Constitutional Law | Date: | Hits: 413

Md. Hafizur Rahman and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....ment and Cooperatives (herein respondent No.3) curtailing ward Nos.8 and 9 from Nabinagar Municipality under Brahmanbaria district. 2. The petitioners are four businessmen, permanent residents and voters of Ward Nos.8 and 9 of Nabinagar Municipality. They were appointed as members of the pourasha......cipality or union every when and then except in due process of law. Thus the Rule is disposed of with the above observations. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 131

Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... Secretary as Administrator of NASCIB with a direction to hold the election of its central executive committee, while in Writ Petition No.9394 of 2010 the Rule was issued to examine the legality of a voter list prepared and finally published by its Election Board. 3. Facts leading to issuance of ......d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 114

Hajee Helal Uddin Ahmed Vs. National Sports Council and others, 2012, 41 CLC (HCD)

....lhet and the order dated 30.1.2012 passed by the Election Commissioner for the election, 2012 of the association overruling Objection No.7/2012 (annex-E) that was raised by the petitioner against the voter list prepared for holding the election. 2. The petitioner is the senior most sports organi......Accordingly, the Rule is discharged without any order as to cost. The interim order of stay passed earlier is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 94

Bahar Uddin Ahmed and others Vs. Secretary, Ministry of Liberation War Affairs and others, 2012, 41 CLC (HCD)

....ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......i as a martyr freedom fighter and publish his name in official gazette. Any further negligence in dealing with the matter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is a..

Category: Others | Date: | Hits: 103

Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)

....as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......f land, so he cannot acquire the suit land beyond the maximum ceiling; that there is contradiction in the deposition of P.Ws. 5 and 6 regarding the date of talk of sale; that P.Ws. 2-6 cannot say the number of suit plots and Khatians; that P.W.2 stated that Imam Hossain brother of the defendant No.1..

Category: Property Law | Date: | Hits: 103

Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)

.... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ......action in rem or an action in personam. In comparatively rare case, actions may be both in rem and in personam. The former is an action against a res; this is the word used in Admiralty for a limited number of things such as ships and their cargoes and freight on which the writ of summons in the act..

Category: Admiralty Law or Maritime Law | Date: | Hits: 258

State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)

....e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is dis­posed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ......her visiting the country or pass­ing through on their way to other countries. We are of the view that this type of activity must be stamped out and must not recur. 13. Mr. Murshid had suggested a number- of measures that may be taken in order to prevent recurrence of this type of incident, namel..

Category: Others | Date: | Hits: 87

Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)

....s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......S$ 20,857.79. Therefore, admittedly no offence has been committed. Bangladesh Bank by exhibit 10 confirms that upto US$ 5000 a person can legally keep. As stated above the total accused being five in number and they collectively can hold US$ 25,000. But since the disputed currency collectively is le..

Category: Criminal Law | Date: | Hits: 109

Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ......s subject to the limitation of section 30(e) of the Ordinance. He, however, contends that as it is not possible to decide the facts about the actual entitlement of the assessee considering its actual number of employees, this question cannot be decid­ed in reference application and it should be sen..

Category: Fiscal/Taxation Law | Date: | Hits: 107