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State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....nection with any other case. Send down the lower Court records with a copy of this judgment to the concerned Court at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 161 ......ure when the matter of insanity was brought to the notice of the learned Sessions Judge, Rajshahi, he was under legal obligation to ascertain whether the allegation of insanity was true or not before proceeding with the case; 7. the impugned judgment and order dated 1-12-2008 cannot sustain in ..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Engineer Abdul Md. Wadud Vs. State and another, 2014, 43 CLC (AD)
....se of the petitioner. We find no merit in the contention of the learned counsel. The petition is accordingly dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ...... this petition accused petitioner Abdul Wadud, former Managing Director of Rupantorita Prakritik Gas Company Limited seeks leave from a judg-ment of the High Court Division which refused to quash the proceeding initiated against him and others under sections 409/109 of the Penal Code read with secti..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 4
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....d order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114 ....... In the referred case it has been held by this Court that any trap without the prior permission of the commissioner-in-charge of the investigation is bad and illegal in the law. As such, if any proceeding is started on the basis of such type of trap that is the abuse of the process of the law...Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Khandker Abul Hashem Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....e Court of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......r 2003 an amendment has been introduced to section 83A by incorporating sub-section (5) providing that notwithstanding anything contained in section 83A, the Deputy Commissioner of Taxes may initiate proceeding under section 93 if definite information regarding concealment of income comes to his kno..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 3
Khandker Abul Hashem Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....angladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ...... an amendment has been introduced to section 83A by incorporating sub-section (5) providing that notwithstanding anything contained in section 83A, the Deputy Commissioner of Taxes may initiate proceeding under section 93 if definite information regarding concealment of income comes to his kno..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 5
Government of Bangladesh and others Vs. Md. Abdul Karim, 2014, 43 CLC (HCD)
.... disposal of the criminal case pending against him on the same issue. Ed. This Case is also Reported in: 66 DLR (AD) (2013) 251 ......onj Food Godowan (LSD) he was put under suspension on the allegation of misappropriation of the Government goods/commodities of the said Fakirgonj Food Godown worth Taka 21, 61,200.79. A departmental proceeding under Government Servants (Discipline and Appeal) Rules, 1985 was started against the pet..Category: Civil Law, Procedural Law | Date: 9 Jun, 2014 | Hits: 4
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....ourt below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ......iled to take into consideration the distinction between land and holding…………………………….........................(15) In a proceeding under section 24 of the Act the question of co-sharership in the holding or tenancy is im..Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22
Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)
..... The office is directed to communicate this order to the Joint District Judge, 2nd Court, Pabna for compliance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 61 ......t. Nasir Uddin Khan, Advocate—For the Respondents. FMA No. 308 of 2013 with Civil Rule No. 296 (fin) of 2013. Judgment Nozrul Islam Chowdhury J.— In a pre-emption proceeding under Mohammadan Law, the appellant is the pre-emptee who purchased the disputed land fro..Category: Civil Law, Procedural Law | Date: 19 May, 2014 | Hits: 3
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ......ce, Iqbal, Ataur and Thandu Haji were planning to cause serious harm to Moulana Kader. P.W.4 further told him that as he was close friend or respondent Abdul Quader, he should prevent the latter from proceeding with the plan otherwise something serious might happen in the locality. He further s..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....sion and also that of the appellate Court below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ......tural Tenancy Act the petitioner does not require to be co-sharer of the holding, but he requires to be co-sharer of the land. …………………. (15) In a proceeding under section 24 of the Act the question of co-sharer ship in the holding or tenancy is i..Category: Civil Law, Property Law | Date: 14 May, 2014 | Hits: 7
Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)
.... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ......is is an application under section 561A of the Code of Criminal Procedure. 2. In this Miscellaneous Case Rule was issued calling upon the opposite party to show cause as to why the impugned proceeding of Nari-o-Shishu Case No. 123 of 2009 arising out of Petition Case No. 152 of 2009 under ..Category: Criminal Law, Women and Children | Date: 8 May, 2014 | Hits: 5
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....tagong for compliance of the Court's order. 6. Being aggrieved by and dissatisfied with the judgment and order of the High Court Division in Criminal Miscellaneous Case No.4296 of 2006 quashing the proceedings of GR Case No.393 of 2005, the State preferred Criminal Petition for Leave ......rge of the accused. However, section 29 of the Act, 1974 has provided that the provisions of the Code, so far as they are not inconsistent with the provisions of the Act, shall apply to the proceedings of the Special Tribunals, and such Special Tribunals shall have all the powers conferred..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)
....e do not find any substance in this appeal. Accordingly, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014)246. ......rther submits that the High Court Division erroneously came to a finding that cross objection as provided for under Order XLI, Rule 23 of the Code of Civil Procedure shall apply to a arbitration proceeding and relying on the said provision allowed the cross objection of the respondent by awardi..Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....e is directed to dispose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ......as petitioner has challenged the legality and propriety of the order dated 20-8-1991 passed by learned Additional Sessions Judge, Fifth Court, and Special Judge, Dhaka (briefly as Judge) stopping the proceedings of the case and thereby releasing the accused opposite parties under section 339C (4) of..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266. ......lidity of the statements of the petitioner, inasmuch as, no reason has been assigned by the respondents about exclusion of the petitioner from the list of eligible candidates and no departmental proceeding is pending against the petitioner, therefore he has very legal right to claim his promoti..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34. ......e said provision of law is without jurisdiction. 9. Further, it has been submitted that a Chairman of a union parishad can be suspended under section 34(1) of the Ain, 2009, but in such a case a proceeding for removal of the said Chairman has to be started. In the instant case, it is evident fr..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Ruksana Huq and oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)
.... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ......Huq filed Succession Case being No.888 of 2007 in the Court of Joint District Judge, 3rd Court, Dhaka for a certificate of succession under the Succession Act, 1925. During pendency of that proceeding the present respondent Nos.1 to 3, claiming themselves as the second wife, son and daught..Category: Civil Law, Procedural Law | Date: 25 Feb, 2014 | Hits: 4