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Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)
....l this aspects of the case, we find substance and force in the submission of the learned Advocate for the petitioners that there is a bonafide reason or factual basis to believe or apprehend that the members of Comilla District Bar Association might have to stand in the way of fair, impartial and sm......trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ......trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ..Category: Criminal Law | Date: | Hits: 18
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
....'s dead body and heard about the occurrence. It has been further alleged that at the time of going to Thana (Police Station) he (informant) came to know that the miscreants also shot at Abdul Hoque member by gun causing injury on his person and thereafter, when he reached nearby the house of Sha......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. ......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. ..Category: Criminal Law | Date: | Hits: 24
Sheringir Mollah and others Vs. State, 2006, 35 CLC (HCD)
.... of accused Siddique Mollah assaulted the deceased. He denied the Suggestion that without proper investigation he submitted a perfunctory charge sheet at the instance of Chairman Sabur and Sekeluddin member. 20. These are all of the evidence on record adduced by the prosecution in support of the ......tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ......tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ..Category: Criminal Law | Date: | Hits: 127
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....e meantime obtained a registered leased deed in their favour in respect of 2 1/2 kathas of land and possession whereof has not yet been obtained by them fully but in that case too. considering a good member of heirs left behind by the Nazar Ali, we are not supposed to embark upon a task of determina......ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ......thers……………………………………………………Opposite-Parties Judgment September 17, 1986. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. AKM Razaul Karim, 21 DLR (Dhaka) 493; Bangladesh Enemy Property Management Board and ot......ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ..Category: Property Law | Date: | Hits: 64
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
....tion was received by the Court of Settlement on 13-10-2004. But the petitioners were not notified by the Court of Settlement and several dates were adjourned due to non availability of appointment of member and appointment of lawyer for conducting the case of the Government. 18. Subsequently, on ......ee non-Bengali namely (i) Shamim Ahammed, (ii) Haji Mohammad Omar and (iii) Nafis Ahammed. Lastly in the year 1969 and during liberation war or thereafter said three non-Bengalis left the country for Pakistan deserting their all properties including the case property. Accordingly, the property was d...... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ..Category: Property Law | Date: | Hits: 66
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
.... Keramat Ali, the maternal grandfather of the defendants, to raise a "dochala tinshed" room on a portion, measuring 20x20=400 square cubits, out of that land and to live therein along with his family members. Such permission or licence was initially for a period of 6 months. However on the request o......between grantor and licensee. Unless a different intention appears, it cannot even be exercised by the licensee's servants or agents: S. 56." 28. We further find support in the observations of the Pakistan Supreme Court in the Case of Abdullah Bhai and others Vs. Ahmad Din 16 DLR (SC) (1964), 169......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. ..Category: Civil Law | Date: | Hits: 123
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ...... and their names were duly recorded in S.A. Khatian. Due to communal unrest Khanto Bibi of village Hariharpur, P.S. Bagdah, District 24 Pargona, West Bengal, India decided to migrate to the then East Pakistan. In 1964 Khanto Bibi exchanged her 2.86 acres of land in India with the suit lands of Surja......he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ..Category: Property Law | Date: | Hits: 52
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
....as cross-examined at length by the prosecution where he admitted that he didn't know whether at the time of the occurrence, law and order of the area were unrest or that the deceased persons were the member of the Sharbohara party. 12. P.W.2 Khandoker Shahabuddin Ahmed who is the Chairman of the ...... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ...... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ..Category: Criminal Law | Date: | Hits: 43
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....21. Scanning the evidence of P.Ws., it appears that P.W.1, SI Enamul Kabir is leader of patrol party and P.W.2, constable Islam Uddin, P.W.3 constable Md. Wahab and P.W.4 constable Hazrat Ali are the members of the patrol party. They corusly deposed that during their arrival at Jonson Road near Vict......ation of procedural statute is to give retrospective effect unless the law contains a contrary indication. There is no such contrary indication in section 35A of the Code. 30. The Supreme Court of Pakistan in Mohammad Alam and three others Vs. The state, 19 DLR SC 242 held that with regard to the......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ..Category: Criminal Law | Date: | Hits: 77
....raiyats, cultivating under-raiyats and non-agricultural tenants in excess of the retainable area of 375 standard bighas or an area determined by calculating at the rate of 10 standard bighas for each member of his family whichever is greater all non retainable lands vest in the Government. It includ......nitation without which life can hardly be enjoyed. Any act or omission contrary thereto will be violative of the said right to life.’ In M. S. Shehla Zia Vs. WAPDA, PLD 1994 SC 69, Supreme Court of Pakistan held that Article 9 includes “all such amenities and facilities which a person born in a ......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:
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Category: Environmental Law | Date: | Hits: 434
....is sent back to the Court below for writing out a proper order in accordance with law.
Send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 MLR (HCD) (2010) 242.
......, and, when so taking cognizance, shall follow the procedure prescribed by the Code of Criminal Procedure, 1898, for the trial of warrant-cases by Magistrates.
Section 9. The High Court of 5 [East Pakistan] shall exercise the powers of a High Court for all purposes of the Code of Criminal Procedu......is sent back to the Court below for writing out a proper order in accordance with law.
Send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 MLR (HCD) (2010) 242.
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Category: Civil Law | Date: | Hits: 74
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....be sufficient. 26. Rule 15 enjoins that where in any suit defendant cannot be found and has no agent empowered to accept service of the summons on his behalf, service may be made on any adult male member of family of defendant who is residing with him. 27. A combined reading and close study of......ar Rahman, 39 DLR 403; Muhammad Idrees Barry and Co. Lahore Vs. Commissioner of Income Tax, Punjab and NWFP Lahore PLD 1957 (WP) 270; Messers Idrees Barry and Co. Vs. Commissioner of Income Tax, West Pakistan PLD 1960 (WP) Lahore 852; Hazari Dasi Vs. Daiba Charan Mandal, 26 DLR 3; Abdur Rashid Vs. A......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ..Category: Property Law | Date: | Hits: 64
Nawabgonj Central Co-operative Bank Ltd. Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....sult: The Rule is discharged. The object of the Government's exemption of agricultural loan upto Taka 5,000 was to give benefit only to the direct loanees of the banks. The Co-operative Society members get loan through Co-operative Societies/ groups. Since, Co-operative Society members are not......down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ......down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ..Category: Civil Law | Date: | Hits: 70
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....nominious scenario in the realm of the Supreme Court Judges’ salary, independence of the Judiciary may turn out to be a distant dream. 3. The petitioners being conscious citizens and respectable members of the bar are seeking direction upon the respondents requiring the latter to implement the ......rt of Bangladesh are not fixed and has never been treated in comparison with any other government functionary. Remuneration and other privileges of the Hon’ble Judges of the Supreme Court of India, Pakistan and Sri Lanka are much higher than that of the Judges of the Supreme Court of Bangladesh. B......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: ..Category: Constitutional Law | Date: | Hits: 413
....dated 26.5.1991 started the said cases on receipt of a report filed by a Preliminary Committee for Scrutiny and subsequently passed an order on 6.6.2011 for analogous hearing of the two cases. A five member inquiry committee was formed by order dated 22.6.2011 and on receipt of the inquiry report, h......clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 65
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
.... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ......g other concerns "banking company" and “a bank” was also "included" within the definition of commercial establishment. Before the nationalization of banks in Bangladesh the National Bank of Pakistan and its branches were included within the definition of commercial establishment. The defin...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ..Category: Labour and Industrial Law | Date: | Hits: 137
Most. Shiuli alias Babi Vs. State, 2006, 35 CLC (HCD)
....W.1 the informant deposed that in presence of witnesses Aminul Karim and Manik 30 bottles of Phensidyle were recovered from the bathroom of the appellant which were kept in a jute bag. 10. P.W.2 a member of the police force deposed that he was a member of the raiding party and accompanied the inf......s discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ......s discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ..Category: Criminal Law | Date: | Hits: 95
M/s. Sonali Agency Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
....ing Additional Commissioner of Taxes at the middle just after the Commissioner of Taxes. Section 11 empowers the government to establish a Taxes Appellate Tribunal consisting of a President and other member the Government may, from time to time, appoint. Decision of such tribunal under section159 is...... to have been made without any lawful authority and as such, is of no legal effect and accordingly, quashed. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 313. ...... to have been made without any lawful authority and as such, is of no legal effect and accordingly, quashed. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 313. ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Hajee Helal Uddin Ahmed Vs. National Sports Council and others, 2012, 41 CLC (HCD)
.... a sports organizer was issued to examine the legality of Memo No.এনএসসি/১১৯/এইচ/জেন/২০৯dated 19.1.2012 issued byNational Sports Council (annex-D) nominating seven members in the general body of Divisional Sports Association, Sylhet and the order dated 30.1.2012 p......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: ......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
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