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Displaying 641-660 of 1984 results.

Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)

....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ......f the conducting lawyer like the Public Prosecutor to assist the Court to frame charge properly on the basis of the materials on the record of the case and documents submitted therewith and it is the duty of the judge to frame charge after perusing the record and documents therewith and hearing the ..

Category: Criminal Law | Date: | Hits: 74

Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)

....s may be material in deciding whether the office really carries any profit: as was observed in the case of SS Inamdar Vs. AS Andhra Pradesh (1971) 3 SCC 870: also to consider what was received was in excess of the expenditure required for the discharge of official duties in general. In this regard i......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ..

Category: Constitutional Law | Date: | Hits: 466

Chittagong Chamber of Commerce and Industry and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... costs. The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 341. ......ame statute. [Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006]……………..(32) While interpretation the provisions of a statute, the following principles should be considered: (1) It is the duty of the Courts to avoid a head on clash between two Sections of the Act and to construe the prov..

Category: Others | Date: | Hits: 107

Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)

....eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......not considering the case of the contesting defendant in the light of disclosures made in letter dated 21‑2‑99 Exhibits Kha and Exhibit 14, letters written by the Board's Engineer, which have been duty admitted by P.W. 1 in his deposition before the arbitrator. The learned Counsel also submits th..

Category: Alternative Dispute Resolution | Date: | Hits: 543

Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)

.... Court, Dhaka in Title Suit No.181 of 1994 are here­by set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......ll constructed in the suit land. 4. The defendants appeared and contested the suit by filing written statements. The case of the defendant Nos.1-4 in short is that Dhaka WASA while discharging its duty of supplying water and drain out sewerage the rain water and water used in household purpose ar..

Category: Procedural Law | Date: | Hits: 137

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......ed. In appreciating the evidence of a prosecution witness the approach must be whether the evidence of a witness carries a ring of truth or evidence is tainted with falsehood and Court got an arduous duty to scrutinize the evidence more carefully keeping in view the deficiency, draw back, infirmity,..

Category: Criminal Law | Date: | Hits: 98

Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)

....ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ...... an order obtained by fraud to stand. When the trial Court itself on consideration of the materials on record was satisfied that a fraud had been committed in obtaining the ex parte decree it was the duty of the trial Court to set aside the ex parte decree. The failure of the trial Court in the perf..

Category: Procedural Law | Date: | Hits: 133

Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)

....r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ...... the time of taking cognisance irrespective of the fact whether he is liable to be removed by the Government or he committed the offence while acting or purporting to act in discharge of his official duty required under section 197 of the Code of Criminal Procedure. Every public servant who committe..

Category: Criminal Law | Date: | Hits: 130

Moniruddin (Md.) Abedullah and others Vs. Controller of Examinations, Dhaka University and others, 1997, 26 CLC (HCD)

....0 of 1992 we hold that this Writ petition is not maintainable. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 567. ......hey appeared in the examination in their specific centre and hall and that the invigilators supervised and conducted the examinations and that they deposited their answer scripts with invigilators on duty and that they also signed the scripts and also signed the register of attendance and, as such, ..

Category: Constitutional Law | Date: | Hits: 300

Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)

....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......es as an officer of the Court. 16. It is to be borne in mind that the learned DAG and the learned AAG, who appear for the State and the learned Advocates who appear for the appel­lants, owe their duty first to the Court and then to their respective clients. 17. In order to appreciate the subm..

Category: Criminal Law | Date: | Hits: 62

Abdul Wadud Miah Vs. Bangladesh, repre­sented by the Secretary Ministry of Jute & others, 2008, 37 CLC (HCD)

....t. In the results, the rule is discharged. However, there shall be no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 152. ......No.5 and his co-holder of shares in Taj Jute Backing Co. Ltd. 9. Mr. Khursid Alam Khan in his second count of argument submits that the recently recognized extended limb of natural justice namely 'duty to act fairly' by the public body required the respondent No.2 to ask for a rep­resentation fr..

Category: Administrative Law | Date: | Hits: 299

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

.... of the D.Ws. it has been indicated that "idol" deities had been shifted to house of the Secretary, the alleged Shebait and the Shebait is residing in his personal property and thus public has got no excess there. It would be evident further from the evidence that the alleged deitie's house of Akhra...... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ..

Category: Property Law | Date: | Hits: 102

Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)

..... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ...... VAT and nowhere in section 30A of the Customs Act the word "VAT" is found and throughout the tenor of the above provision, the legislature has and obviously on purpose, chosen to use the expression "duty" which nomen­clature will be applicable to specified duties only and not to any VAT since Cust..

Category: Fiscal/Taxation Law | Date: | Hits: 128

Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)

.... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ...... was very much in sub-ordinate to the Managing Committee. Her activities were prejudicial to the interest of the college and she was very much negligent to her duties. She was guilty of negligence of duty, professional misconduct and was engaged with some work which were detrimental to the interest ..

Category: Employment/Service Law | Date: | Hits: 118

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......ificate issued by the Hon'ble Speaker of the Parliament dated 29.08.06 issued under the Notification being SRO No.240. Before the petitioner could finalize the transfer documents after payment of the duty and taxes and other charges as per provision of the said notification, the law enforcing agency..

Category: Fiscal/Taxation Law | Date: | Hits: 246

Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)

....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......vering the cargo short and damaged the plaintiff not only had to pay duties and taxes on the items lost and missing but also had to order the replacement parts and spares from UK for which additional duty and sales taxes had to be paid. The plaintiff sent a letter of demand dated 8-8-2000 claiming a..

Category: Limitation Law | Date: | Hits: 174

Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)

....ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ...... Result: The Rules are made absolute. The National Sports Council Act, 1974 (Act No. LVII of 1974), section 20A(b) Before passing the Proggapan or notice in relieving any person from his duty, or to suspend or dismiss any person it is required to issue a show cause notice. Without issua..

Category: Employment/Service Law | Date: | Hits: 100

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 54. ......on of a Magistrate who opined that the injured was in a fit state of mind at the time of making declaration…………………………….(59) Duties of the Prosecution The prosecution has a duty to explore every avenue open to it to unveil truth. Witnesses who can throw sufficient light in..

Category: Criminal Law | Date: | Hits: 85

Romisa Khanam Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

.... of respondent No. 2 presented under Rule 31 Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 18. ....... It must be remembered that such record-of-rights does not confer any title though it is a very good evidence of possessor’s rights. The Appellate Officer definitely failed in the is charge of his duty in not considering the registered documents in support of transfers of the lands in question si..

Category: Property Law | Date: | Hits: 120

State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ......, stated in her evidence that she worked in the tea shop of Khorshed by the side of No.1 Rail line. Deceased Panna was known to her from before as she used to sell tea to him at night while he was on duty as guard in that area. At about 1‑30 AM in the night of occurrence when she was sitting in th..

Category: Criminal Law | Date: | Hits: 110