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Abul Hashem Vs. State, 2010, 39 CLC (HCD)
....e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ......examined and withholding the vital witnesses without any satisfactory explanation an adverse presumption under section 114(g) of the Evidence Act must be drown against the prosecution. This view supported by the decision of the case of Momin Alais Mominul Hoq Vs. State reported in 16 BLD 2..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
.... 111, necessary course of action has been provided in section 112 of the said Act. Accordingly since the grounds on which the High Court Division declared the notice dated 23.7.2001 as illegal are erroneous, the finding of the High Court Division can not be sustained. Accordingly the judgment ......o the fact that the respondent misused the privilege of bonded warehouse and the respondent having failed to show cause in terms of letter dated 7.8.2001, notice dated 26.8.2001 was issued and in any view of the matter since disputed question of facts are involved, those can not be resolved by affid..Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......s 1 to 3 of the plaint. On this basis it was argued that this would amount to denial of the statement in the plaint that the Khatian was wrong, it was held that "this contention cannot be accepted in view of the provision of Order VIII, rules 3 and 5 of the Code of Civil Procedure. 12. Rule 3 l..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
.... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ......ocal and Revenue Audit Directorate audited the office of respondent No.1. (d) Audit team had jurisdiction to examine any documents of respondent No.1's office as it falls within the purview of audit as defined in the Audit Code. (e) At the time of audit it was revealed that some ..Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)
....er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......ly vested in the Government from all incumbrances. The Government had been in possession by leasing it out to others on the basis of yearly lease. Hence the suit is liable to be dismissed. 6. In view of the above pleadings of the parties the learned Joint District Judge, Sirajgonj framed the fo..Category: Evidence Law | Date: 10 May, 2010 | Hits: 161
....ndant Nos.1-3 Md. Nurul Haque
Sheikh is added as defendant No.5 in the suit.
Let a copy of this Judgment be sent
down at once.
This Case is also Reported in: 17 MLR (HCD) (2012) 409. ......the suit as defendant.
9. In the case of Md. Nurul Abser Miah Vs. Kiron
Shankar Nandy and others reported in 41 DLR 148. It has been
held that:
"Being in respectful agreement
with the view expressed by his Lordship I am of the opinion that although in a
suit for specific performance..
Category: Procedural Law | Date: 9 May, 2010 | Hits: 4
Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....opy of this judgment be transÂmitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ...... warrant for the execution of sentence under section 389 of the Code of Criminal Procedure hanging upon them and as such the petitionÂers have no locus standi to file the instant writ petition. This view is the age-old judicial norm and convention in our Court from the time immemorial and this view..Category: Procedural Law | Date: 6 May, 2010 | Hits: 109
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......use (C) of the proÂviso to section 138 of the Negotiable Instrument Act, 1881. On perusal of the petition of complaint and the provisions of section 138 of the Negotiable Instrument Act, 1881 and in view of the decisions of Satya Narayan Poddar Vs. State reported in 53 DLR 403 and Sirajul Islam Vs...Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......ng the suit property in the census report of the vested property and the plaintiffs led some evidence in support of their interest in the suit property the Appellate Court decreed the suit on correct view of law......(8) To be vested a property must have factual basis and legal foundation ..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
.... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300.......f the legal notice in the petition of complaint, the case will render illegal when all other ingredients in filing the case is very much available in the materials on record. We find support of above view in the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan reported in 60 DLR (AD) 195..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 ....... Judgment April 22, 2010. Result: The rule is made absolute. Conditions to be fulfilled for bringing a case for quashment proceeding To bring a case within the purview of section 561A for the purpose of quashing a proceeding one of the following conditions must ..Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ...... official duty and such public servant is not removable from his office except with the sanction of the government as stated therein touches the very jurisdiction of the Court. Having a comprehensive view of the leading decisions the Supreme Court of India in the decision of the case of P.K. Pradhan..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
....er the learned Subordinate Judge was totalÂly an error in setting aside the ex-parte decree and consequently, the High Court Division has not commitÂted any error or illegality in setting aside the erroneous order of the Court below." 4. The learned Counsel next submits that there is no ......tion of service of summons." 6. The learned Counsel lastly submits that as the Government pleader appeared in suit in time so service of summons upon defenÂdants were rightly exhausted in view of the Rule 281 of Civil Rules and Orders. In support of his contentions he refers the case of ..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
....4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 437.
......should be declared to have been passed without lawful authority and are of no legal effect.
31. Considering the facts and circumstances of the case and the above decision and discussions it is our view that the impugned decisions of the respondent customs authority are and the same should be decl..
Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ......before it. At that stage the petitioner will have the opportunity to challenge the evidence produced by the prosecution in an application under section 241A of the Code of Criminal Procedure. In such view of the matter, we find that there is alternative remedy open to the accused petitioner and henc..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ......ty of the petitioner and yet without surrendering before the Court concerned, the petitioner has filed the instant writ petition. He submits that the petitioner is a fugitive from justice and in that view of the matter the writ is not maintainable. 5. In reply the learned Advocate for the petit..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
....are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire.
Ed.
This Case is also Reported in: VII ADC (2010) 1008.
......ommittee after thorough deliberations and examinations of the relevant papers submitted its report on 17.09.2008 to the Authority with the findings that the writ-petitioners were not selected in interview for appointment in their respective job, however, the committee recommended the matter to be pl..
Category: Employment/Service Law | Date: 22 Mar, 2010 | Hits: 92
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ......t on prayer the names of the petitioners have already been struck out from the pending Money Suits of the Respondent No.6. subsequently the suit was decreed against the remaining defendant. In such view of the matter the Respondent No.2 is bound to exempt the names of the petitioners from CIB rep..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
..... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ...... prayed for. Whatever changes were sought to be made were changes in form and not in substance. The learned Judges were not justified in rejecting the prayer for amendment of the application upon the view they took. 24. Moreover, since the relief prayed for could be given by the Court under sec..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... Chowdhury Advocates - For the Petitioner. Mr. M. A. Aziz Khan, Advocate - For the Respondent No. 4. Writ Petition No.7250 of 2008. Judgment A.H.M. Shamsuddin Choudhury J.- With a view to impugn charges framed by the learned Divisional Special Judge, Dhaka, under Section 242 of t..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
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