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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. ...... treated as vested property on the basis of a V.P. Case started long after the lifting of emergency on 16th February, 1969 a heavy duty is cast upon the authority concerned to satisfy itself that the recorded tenant migrated to India before 1965. In support of this we can rely on the case of Dayal C......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. ..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.......ce of the notices of demand were done as per the provision of law. The only point of dispute is whether the complainant has filed the case as per the provision of law. 14. On perusal of the record, it appears that the notices for demand of money were issued on 02.11.2006 which were returne...... 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...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 .......A of the Code of Criminal Procedure and, as such, the rule may be discharged. 12. We have heard the learned Counsels for both the parties and perused the FIR, charge sheet and other materials on record. 13. Meanwhile, Mr. Sheikh Fazle Noor Taposh, learned Counsel for the petitioner produce...... 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 ...Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....uiyum alleging, inter alia, that on 05.04.2007 at about 14:00 hours while the informant along with other RAB personnel on petrol duty, received a secret massage regarding unloading of some contraband goods brought in breach of prohibition or restriction imposed by law from 2 covered-vans at No.5, Ou....... 9. We have heard the learned Advocate-On-Record appearing for the petitioner and perused the impugned judgment and order passed by the High Court Division and also other materials available on record. On perusal of the impugned judgment and order passed by the High Court Division and other ma......nfraction of any law for the protection of the pecuniary interests of the Government. A line is required to be drawn between the general members of the community and certain classes of persons in the service or pay roll of the government exercising various public functions who are called public serv..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)
....not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ...... The post mortem report is not a conclusive evidence. It is mere piece of evidence as per the provision of the Evidence Act. It is one of the evidence and where there are eye-witness the Court can record conviction on the basis of the testimony of ocular witness leaving aside the post mortem repo......not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ..Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
....ing to those cases are quite distinguishable to that of the instant case. So, I am unable to accept his submissions. On the contrary the legal pleas taken by the A.A.G. prevails and appears to have a good deals of force. 15. In the light of discussions made above I am of the view that the impug...... inherent power while acting under a if specific provision governing disposal of the case. As to the submission that h the High Court Division ought to have either remanded the case or examined the record itself for a decision relating to alleged non-service of summons, having regard to the fact......f the Code two questions are primarily to be answered: (a) Whether summons were duly served on the defendant, and (b) Whether the defendant has sufficient cause for non appearance in spite of the service of summons on him. Mere appearance of the Government Pleader without furnishing Vokalatnama..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
M/S. Golden Match Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, 2010, 39 CLC (HCD)
....the Tribunal. 16. We do not find any merit in the Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 249. ......e Appellate Tribunal and was placed before the Chairman of the tribunal for necessary order as per note No.1 dated 24.10.2004 and the Chairman after examination of the said note sheet sent the case record to the Tribunal No.2 by order No.1 dated 27.10.2004 for necessary order. The Tribunal then ......the Tribunal. 16. We do not find any merit in the Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 249. ..Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8
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. ...... 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. ......erson or others dependent on him when he failed to explain such acquisition. He submits that the Appellate Division held that no citizen could be arraigned for such a severe offence in the absence of service of any notice or order for explaining the source of income and that offence of abetment unde..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.
......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.
......ion in Writ Petition No.9605 of 2008 making the Rule absolute.
2. The facts involved in the case, in short, are that the writ-petitioners were appointed on ad-hoc basis and were not confirmed in service but their services were extended temporarily. After the expiry of the tenure of last extensi..
Category: Employment/Service Law | Date: 22 Mar, 2010 | Hits: 92
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....d 15-6-93. The original Bank Guarantee dated 15-6-93 for Taka 90,00,000 was renewed upto 12th September, 1993 and again up to 9th November, 1993 at the instance of the defendants in good faith without knowledge that the plaintiff had already collected US Dollar 2,00,000......ed attorney of the plaintiff by letter dated 25-1-95. 8. On the averment with regard to the validity of Bank Guarantee up to 20th November, 1993 it is stated that it is 'however, a matter of record'. This defendant submits in this connection that on the request of Rahima Food Corporatio......r (Estate) by the letter No. RAJUK./Estate/144 STHA dated 12-1-95 directed the principal defendant No.1 to deposit a sum of Taka 15,60,889 only as transfer fee and a further sum of Taka 5,360 only as service charges from 31-12-90 to 31-12-94, by 15-2-95. Defendant No.1 by letter dated 15-1-95 addres..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: ......e documents before it and that it can frame charge only on being satisfied that the documents before it, namely, the First Information Report (FIR), the charge sheet, documents containing information recorded under Section 161, 164 of the Code of Criminal Procedure, prima facie tend to prove the cha......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: ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... at the relevant meeting, which was conspicuously attended by the sufficient number of members to form the quorum. He continued to submit that no impropriety or illegality whatsoever appears from the record, either at the inception or during the progression of the meeting in question. He continued t......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... at the relevant meeting, which was conspicuously attended by the sufficient number of members to form the quorum. He continued to submit that no impropriety or illegality whatsoever appears from the record, either at the inception or during the progression of the meeting in question. He continued t......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
....les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
......he sanction. Learned advocate Mr. A. M. Mahbub Uddin, appearing on behalf of the petitioner submitted that the sanction was given for submitting the charge sheet on 20.9.2007, but there is nothing on record to suggest that the ACC ever called any meeting regarding the sanction. He submitted that eac......les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....ce personnel involved in the apprehension and arrest of the children or the officer in charge of the police station (OC) were at all aware of the provisions of the Penal Code or the Children Act. For good reason the provisions have been incorporated in our law and it is a mandatory provision which t......ere the child is arrested, the officer in charge of the police-station to which he is brought shall forthwith inform the parent or guardian, if he can be found, of such arrest,......" But from the records we do not find any evidence that the police personnel involved in the apprehension and arres......ay Police Line and a departmental proceeding has been instituted against them and the two ansar personnel have been repatriated to their concerned unit with a recommendation that they be removed from service. A copy of the report of the inquiry was annexed. 9. In his reply the learned Senior Jud..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ......turned up to participate the auction purchase. Ultimately the decree holder petitioner submitted an application on 11.9.2000 for allowing him to purchase auction but that application was kept with record. The executing Court again directed the decree holder for publishing proclamation for sale t......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)
....his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ...... the learned Special Public Prosecutor filed an application under Section 494 of the Code of Criminal Procedure for withdrawal of the case against the accused-opposite party No.1. It appears from the record that the accused-opposite party No.1 had been a fugitive till the date on which the impugned ......his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
....L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ......l, waiver and acquiescence; that total 113 decimals land belonged to Jogendra Nath Roy Chowdhury and Abdul Majid in equal share but during R.S. survey operation Dag No.528 of R.S. Khatian No. 514 was recorded in the name of Jogendra Nath Roy Chowdhury. Thereafter he sold out the same to Abdul Samad;......L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
....he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
......suits
for harassing this defendants. The plaintiff has no right, title and the suit
is to be dismissed with costs.
4. The learned trial Court on
consideration of the evidence and materials on record decreed the suit. As
against that the defendant petitioners preferred Title Appeal No.149 of......he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
.... of the provision of section 55 of the aforesaid Act. He then submits that the VAT is chargeable only on taxable supplies as per sections 2, 3 and 6 of the VAT Act and that there must be identified goods supplied for consideration and VAT is not charged on the quantities of raw materials and, as ......stoms, Excise and VAT Authority etc. to change the petitioner's name in their respective certificate and permissions. The petitioner applied to the VAT authorities under Rule 12 of the VAT Rules to record the change of the share transfer and the change of its name from Organon to Nuvista. The VAT......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
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