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....a copy of this order be sent to the Election Commission at once for guidance and necessary action
Md. Ashfaqul Islam J.- I agree
Ed.
This Case is also Reported in: 60 DLR (HCD) (2008) 407.
......he petition being enemy aliens or their progeny are not entitled to be Bangladeshi citizens under section 4 (b) of the Bangladesh Citizenship Act, 1951 and article 2B (1) (1) of PO No. 149 of 1972 in view of their loyalty to Pakistan.
17. Before we proceed to consider the respective cases of the ..
Category: Election Law | Date: 18 May, 2008 | Hits: 122
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ......I. Faruqui further submitted that plaintiffs' previous suit being Title Suit No.329 of 1980 was for permanent injunction and though the same was dismissed upto the Appellate Division, yet in view of the observations made by it to the effect that a simple suit for permanent injunction n..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Abdul Alim @ Chutta and another Vs. State, 2008, 37 CLC (HCD)
....ody if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 476. ......l of his sureties; and if he commits acts of violence, in revenge, against the police and the prosecution witness and those who have booked him or are trying to book him." 13. The aforesaid views have also been reiterated in many decisions of our Country. We are also in respectful agreem..Category: Criminal Law | Date: 13 May, 2008 | Hits: 9
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
....he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ......er-company has entered into an agreement with the respondent-bank by executing D.P. note on 16.03.98 for repayment of loan. 15. On consideration of the averments of the plaint, we are of the view that the amount claimed by the bank in the suit comes within the definition of “ঋণ” i..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ......s on the part of relatives of victim and other interested persons invariably is done and thus it becomes difficult on the part of a Court to find out the real culprit. Under such circumstances and in view of the prevalent criminal jurisprudential system, a judge is to find out the truth from a bundl..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6.......s on the part of relatives of victim and other interested persons invariably is done and thus it becomes difficult on the part of a Court to find out the real culprit. Under such circumstances and in view of the prevalent criminal jurisprudential system, a judge is to find out the truth from a bundl..Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....Mr. Mir Md. Joynal Abedin, the learned advocate for the petitioners, submits that the Courts below have committed error of law resulting in an error in the decision occasioning failure of justice and erroneously decreed the suit. He next submits that the Courts below wrongly treated the plaintiff as......ow are not tainted with legal infirmity and perversity justifying interference by this Court. After examining the record of the case and hearing the learned Advocates of both the parties, I am of the view that there is sufficient evidence and materials on record to come to the decisions which have b..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
....ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ...... learned Senior Assistant Judge, Sylhet Sadar, Sylhet and admittedly the cause of action of the suit arose well within the territorial jurisdiction of the said Court under district Sylhet and in that view of the matter the application for transfer of the suit is misconceived and not maintainable. ..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
.... ammunition to the petitioner within a period of seven days of receipt of
this order, positively.
Communicate at
once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 624.
......nly
reason for the action, we find from the order for cancellation of the license
is stated in the impugned order to be default of the petitioner in not
depositing the licensed pistol in time in view of aforesaid memos of the
Ministry of Home Affairs dated 19.09.01 and 09.12.01.
13. There..
Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10
....itioner submitted a supplementary
affidavit by a new ground with regard to maintainability of the pre-emption
application and also submits that the learned appellate court was absolutely
wrong and erroneous in allowing the appeal and reversing the judgment and order
passed by the learned trial c......e case. The learned Counsel for the plaintiff-appellant-petitioner
could not point out any error or illegality or infirmity of law in the judgment
passed by the lower appellate court.
15. In view of the
discussion made above and the facts and circumstances of the case the impugned judgment..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ......rding to object and policy of the Gazetted Officer (Urban Development Directorate) Recruitment Rules, 1974, so that the cities are planned in a manner which is safe for its inhabitants for future. In view of such requirement, universities around the country now conducting undergraduate and post-gra..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ......r reported in 9 BLT (AD) 69, it has been laid down that: "It is for the appellant to decide which premises out of many is required by him bona fide. The learned Single Judge took a wrong view that the appellant picked up the shop room let out to the respondent mala fide on the plea of b..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ......167 Cr PC being procedural in nature has taken effect retrospectively. 21. In the case of Abdul Wadud Vs. The state, (1996) 1 MLR (AD) 66 the Appellate Division held as under: "In view of the repeal of sub-section (4) of Section 339C Cr. P.C followed by re-enactment of the said s..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ......bt by the confessional statement of the accused appellant, which is exculpatory and proved beyond doubt his complicity in the murder of the victim. The learned Deputy Attorney-General submits that in view of the unambiguous confessional statement the learned trial Judge rightly found the accused gui..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. ......nd reasonable doubt by the confessional statement of the accused appellant, which is inculpatory and proved beyond doubt his complicity in the murder of the victim. The learned D.A.G. submits that in view of the unambiguous confessional statement the learned trial Judge rightly found the accused gui..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....essor of the defendant in which plaintiff was not made party was obtained by fraud and as such void." 12. Finally the learned Counsel submits that the lower appellate Court is absolutely wrong and erroneous in reversing the judgment and decree passed by the trial Court without applying his judici......he case. The learned Counsel of the defendant-respondent-petitioner also could not point out any error or illegality or infirmity of law in the judgment passed by the lower appellate Court. 18. In view of the discussion made above and the facts and circumstances of the case the impugned judgment ..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)
....n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11....... bring any criminal action against each other for breach of the contractual delegation. The learned Advocate submitted that none of the counts of allegations made by respondent No.2 come under the purview of Section 420 of the Penal Code and the High Court Division erred in law in discharging the Ru..Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6
Commissioner of Taxes Vs. Oriental Real Estate Ltd, 2008, 37 CLC (HCD)
.... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ...... of printing and stationery expenses; and allowing a rebate of 15 per cent of the construction costs for personal supervision. 12. In the circumstances, the question that deserves answer, in our view, is as follows: Whether, on the facts and in the circumstances of the case, the Appellate ..Category: Fiscal/Taxation Law | Date: 18 Feb, 2008 | Hits: 1
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
....rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193. ...... in order to prove possession in the suit land. The decision reported in 35 DLR (AD) 216 has no application in the facts of the case before us. In the said decision our Appellate Division took the view that the rent receipts are evidence of possession, and may be used as collateral evidence of t..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ...... version of the prosecution case, it is of great importance. It can be used to corroborate the statement under section 157 or to contradict him under section 145 of the Evidence Act. It is always viewed with grave suspicion when the story made at the trial differs in material particulars from..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
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