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Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
....cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ......acres of land. According to paragraph 2 of the Paripatra, the Parishad embarked upon the task of finding a suitable place for UPCB. Almost three years elapsed but no suitable proposal was forthcoming from amongst the residents of the union offering land for the purpose. Finally, advertisements were ......patra. 25. Be that as it may, for the reasons as discussed in the foregoing paragraphs, we are of the view that the Government should reconsider the matter afresh after an investigation through an independent neutral committee appointed by it considering the following aspects and decide the matte......cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ..Category: Property Law | Date: | Hits: 130
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
.... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ......id sale deed; that the opposite party Nos.1-3 purchased 20 decimals of land at Plot No.951, 11/2 decimals of land at Plot No.985 and 6 decimals of land at Plot No.1383 in all 271/2 decimals of land from opposite party No.4 on consideration of Taka 30,000; that the petitioner filed the pre-emption ......rough the rule petition, the impugned judgment and judgment of the trial Court as well. After going through the impugned judgment, I find that the learned appellate Judge has framed as many as five independent issues by himself while disposing of the appeal and after proper and meticulous discussi...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ..Category: Property Law | Date: | Hits: 138
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
.... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ...... 129. Lawyers Involved: AK Badrul Huq, Advocate ‑ For the Appellant. Khan Saifur Rahman with Abul Kalam Azad, Advocates ‑ For the Respondent. Civil Revision No.1724 of 1996 (Converted from FMA No. 385 of1994). Judgment Syed Amirul Islam J.- This appeal arises out of a proceedin......the written objection filed by the second party appellant cannot be treated as an application under section 33 of the Arbitration Act inasmuch as an application under section 33 of the said Act is an independent proceeding and that cannot be initiated by a party who wants to raise objection as to th...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ..Category: Alternative Dispute Resolution | Date: | Hits: 606
Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
....llant so far as an ocular testimony is concerned and the eye witnesses having been disbelieved against the majority of the accused should not be believed against the appellant without any independent corroboration so according to him the learned Judge of the trial Court failed to weigh and sift the ......lage Huzrikandi. On the way at noon he took meal at the house of Kasiruddin of village Kajiarchar then at 7/7-30 P.M. he visited the house Somed Ali of village Charmathura while he was returning home from the said house then he had a met with P.W.5 Md. Mofazzal Hussain of village Huzrikandi to whom ......and the appellant so far as an ocular testimony is concerned and the eye witnesses having been disbelieved against the majority of the accused should not be believed against the appellant without any independent corroboration so according to him the learned Judge of the trial Court failed to weigh a......nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ..Category: Criminal Law | Date: | Hits: 142
Serajul Islam Vs. State, 1996, 25 CLC (HCD)
....w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......enu should not be set at liberty and or pass such other or further order or orders as to this Court may seem fit and Proper. 2. The detenu Shazzad Hossain was arrested by Sadar Police on 9-11‑95 from Jahangirnagar University Campus in connection with Savar P.S. Case No.17(11)/95 under section 1......sub‑section. In this connection he has referred to the provisions of sections 8 and 10 of the Act and has contended that the Government is empowered to extend the period of detention or may pass an independent order of detention for a period of 120 days without referring the matter to any other au......w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ..Category: Criminal Law | Date: | Hits: 127
Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)
....able to accept the Andhra Pradesh view that the evidence of an advocate given in Court should generally be accepted. There is no reason why the testimony of an advocate also should not require some corroboration. The evidence adduced on the said petition of the petitioner could not inspire confi......s. Suroj Bux Singh and another, A.I.R. 1945 Oudh 116. Lawyers Involved: Abul Quashem Bhuiyan - For the appellant. Asrarul Hossain with Abdul Azim - For the Respondents. Appeal from Original Order No.447 of 1979. Judgment Md. Altaf Hossain J.- This appeal is directed ag......missed the Misc. Case. The appeal is, therefore, dismissed without any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......missed the Misc. Case. The appeal is, therefore, dismissed without any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ..Category: Procedural Law | Date: | Hits: 143
State Vs. Abdul Awal, 1983, 12 CLC (HCD)
.... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ......ion the Sonali Bank and its branch offices have fallen under the category of "offices under the Government'' and therefore, in terms of section 1(6)(i) of the said Act the Sonali Bank is exempted from the purview of the said Act. 2A. Mr. A.R. Pathan, Magistrate, 1st Class, Dhaka trying the ca......blic corporations in contradistinction with private corporations set up under Companies Act by the citizens. The State policy is to utilise the principle of corporation. A corporation has its own independent existence distinct from the shareholders or directors or administrators and has all th...... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ..Category: Others | Date: | Hits: 163
Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209.......participating in the tender the petitioner also arranged 25% earnest money of the quoted amount of Taka 31,60,000.00 (thirty-one lac sixty thousand) only including 3% advance income tax by pay orders from different banks (Annexures F, F1 and F2). 5. On 6-5-99 the petitioner went to the aforesaid ......ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209....... thirty-one lac sixty thousand) only as he wanted to use the pay orders as earnest money for the second Tender for the said Canal Toll station. Thereafter, the petitioner came to know from a reliable source that on 2-5-99 an application was made by the Bangladesh Muktijuddha Sangsad, Bagerhat Distri..Category: Others | Date: | Hits: 170
Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)
....granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534....... No.27 to Shaikh Gopalde Pathan in 1922 at a consideration of TK.90, But the transfer was not registered. The transferee got possession in the land and constructed homestead and enjoyed the usufructs from other land for more than 12 years and died leaving two sons- Jamiruddin Pathan and Tamjuddin Pa......said findings reversed, the finding of the trial Court, for which the impugned Judgment and decree is not a proper Judgment of reversal. He lastly submits that the learned appellate Court without any independent assessment of evidence, and without reversing the reasonings of the trial Court regardin......granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534...Category: Procedural Law | Date: | Hits: 97
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......eration War Plaintiff and Fourth-Twelfth Defendants returned back to Bangladesh. Fourth-Twelfth Defendants took possession on portion of property as ejectable monthly tenants. Plaintiff demanded rent from tenants Defendants. Defendants expressed their financial difficulty and requested Plaintiff wit......ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......Basak, and plaintiff as such, is entitled to a decree prayed for in the suit and by decisions of Courts below a failure of justice has been occasioned. II. Plaintiff-Petitioner having asserted her source of title on inheritance as well as auction purchase of shares of other two co-sharers in the ..Category: Procedural Law | Date: | Hits: 108
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
....viction could be maintained on that score alone. Mr. Khan further argued that all the witnesses are interested, partisan and inimical to the interest of the accused and their evidence are without any corroboration from an independent source which cannot be the basis for conviction of the accused app......e southern two storied tin shed house being followed by accused Raisuddin, Amanullah, Morshed and Momen @ Pachu. Witness Belal (P.W.2), Mokhlesur Rahman (P.W.3), Azizul Huq (P.W.4) saw the occurrence from the western bhiti two storied house while Amena Khatun (P.W.5) who was in the Courtyard quite c......ained on that score alone. Mr. Khan further argued that all the witnesses are interested, partisan and inimical to the interest of the accused and their evidence are without any corroboration from an independent source which cannot be the basis for conviction of the accused appellants. Mr. Khan depl......t score alone. Mr. Khan further argued that all the witnesses are interested, partisan and inimical to the interest of the accused and their evidence are without any corroboration from an independent source which cannot be the basis for conviction of the accused appellants. Mr. Khan deplores that no..Category: Criminal Law | Date: | Hits: 104
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ...... "11A. All matters relating to "Anti-Corruption Commission". The further case of the petitioner is that since the respondent No.1 received salary and other allowances as an officer of the Republic from public exchequer he holds the post in the Service of the Republic. It is further asserted in th......titutional posts nor posts of oath but created as per provisions of the Durnity Daman Ain to perform function of the Sovereign Republic and that function is neither judicial nor quasi judicial but an independent office of enquiry and investigation regarding corruption. 4. Respondent No.1 was appo......tors which enter into the determination of this question the appointing authority, the authority vested with power to determinate the appointment, the authority which determines the remuneration, the source from which the remuneration is paid, and the authority vested with power to control the manne..Category: Constitutional Law | Date: | Hits: 228
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
.... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ......a. Out of this 1.98 acres plaintiffs had purchased 1.20 acres in SA Khatian No.177 land measuring 0.54 acres in plot No.587 was sold by Mohan to Motilal Somadder and the plaintiffs purchased the same from him. In the said Title Suit No.561 of 1976 0.41 acres of land was decreed in compromise in favo......rty to suit can, under section 44 of the Evidence Act, show that a decree obtained by the opposite party against him in another suit was obtained by fraud, and it is not necessary for him to bring an independent suit for setting it aside." In another case of Bagala Sundari Debi Vs. Prosannanath Mukh...... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ..Category: Civil Law | Date: | Hits: 130
Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)
....y the prosecution, P.W.1 Mosadder Ali appears to be the only eye‑witness to the occurrence who recognised the accused appellant by the light of the burning hurricane. The learned Judge also found corroboration by the evidence of P.W.5 Sarfaraj Ali to whom P.W.1 Musadder Ali was alleged to have c......tion of offence should be stated so as to give a notice to the accused of the matter he is charged with. 7. A charge is an important step in the criminal proceeding. It separates the inquiry stage from the trial. That is to say when the inquiry or investigation ends thereafter the trial shall beg......e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457.......e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457...Category: Criminal Law | Date: | Hits: 144
.... should be discharged outright.
In the result, the Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
...... 1959 and has been recognized as a "long term and zonal highest tax payer" and the Government awarded him in honour of his being one of the zonal longest time tax payer and he received the said award from the government. It has been stated that the petitioner in course of practice interpreted sectio......n of making any Rules as it was in 83A (1), now exists. The legislature in its wisdom in 83A (1) mentioned about Rule but did not in any manner disturb 83A (2) even at that point of time. 83A (2) was independent with all its trappings as it has been now in 82BB (3). (Underlined by us)
32. But now......"Universal Self Assessment" under section 82BB of the Ordinance.
9. Mr. Khoshru also brought into our notice sub-section (4) of section 82BB where it has been maintained:
"No question as to the source of investigation made by a new assessee deriving income from business or profession shall be ..
Category: Fiscal/Taxation Law | Date: | Hits: 227
....d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”.
Gobinda Chandra Tagore J. - I agree
This Case is also Reported in:
......e President of Bangladesh Awami League (AL), Gazipur District.
4. The previous Vice-Chancellor of the National University, Professor Aftab Ahmed joined as Vice-Chancellor on 05.07.2003. Thereafter from 17.11.2003 to 04.01.2004 he appointed 331 persons without any advertisement, without any select......it Petition No. 5125 of 2004(Annexure-11&11-A of the Writ Petition) inviting applicants for recruitment into the National University have been proved since the Newspaper authority themselves (The independent) denied publishing it and the National University Authority also stated the same to Joyd......d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”.
Gobinda Chandra Tagore J. - I agree
This Case is also Reported in:
..
Category: Administrative Law | Date: | Hits: 371
Abul Hashim (Md.) Vs. Election Commission of Bangladesh, 1995, 24 CLC (HCD)
....ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ......ner challenges the order of the delimitation of constituency passed on 22‑5‑95 by the Election Commission delimiting the territorial constituency of Dhaka purporting to take away Harirampur Union from territorial constituency 184, Dhaka‑5 and including it within territorial constituency 190, D......hat the impugned order is the result of malafide intention and has been done for collateral purposes and the same was passed at the instance of the party in power and not on the basis of an objective independent finding. 3. Mr. Amirul Islam has taken us through the impugned order and, the annexed......ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ..Category: Election Law | Date: | Hits: 271
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
....ppellate Court below calls for any interference in revision. In the result the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ......l J.- The question involved in this Rule is whether the appellate Court below has the power to review its own Judgment under Order 47 rule 1 of the Code of Civil Procedure, the appeal having arisen from a proceeding u/s. 96 of the State Acquisition and Tenancy Act for pre-emption. 2. The miscel......ppellate Court below calls for any interference in revision. In the result the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ......s to be immaterial. What is really to be seen for the application of sec.114 is whether the decree or order which followed the Judgment was or was not appealable under the Code. Irrespective of the source of jurisdiction under which the matter came to the Court, if procedure to be followed was tha..Category: Procedural Law | Date: | Hits: 119
Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)
.... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ...... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ...... a prosecution witness, he has to come to Court on almost infinite number of occasions incurring heavy expenses and sacrificing daily work for earning his livelihood and that is why no one, specially independent witnesses, ever wants to become a prosecution witness in this country. 7. Further it ...... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ..Category: Criminal Law | Date: | Hits: 92
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54.......467/471/109 of the Penal Code read with Section 5(2) of Act II of 1947 alleging, inter alia, that the informant along with some other police personnel went on duty at Mithapukur area and came to know from secret source that "Dust Fish" of Shatibari Fisheries are being sold at a higher rate than that......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54.......of the Penal Code read with Section 5(2) of Act II of 1947 alleging, inter alia, that the informant along with some other police personnel went on duty at Mithapukur area and came to know from secret source that "Dust Fish" of Shatibari Fisheries are being sold at a higher rate than that of the rate..Category: Anti-Corruption Laws | Date: | Hits: 142
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