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Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)

....t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ......with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ......ot examined), Farooq Hossain (not examined) and Md. Jalal (P.W.3). Seizure list had been prepared and witness to seizure Md. Tazul Islam alias Uzzal, Farook Hossain and Md. Jalal (P.W.3) put their signatures thereon. 3. Prosecution in proof of culpability of the convict-appellant placed on witnes..

Category: Criminal Law | Date: | Hits: 125

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. ......ainable. 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. ......t Petition No.1578 of 1994. Judgment Mahfuzur Rahman J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 31‑12‑90 issued under the signature of the respondent No.1 and impugned proceeding pursuant to which the said order was made, the..

Category: Constitutional Law | Date: | Hits: 300

Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ...... Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......99 of 2011 and 1800 of 2011 have challenged the letter communicated under Memo No. সিএসএসজে/নিয়োগ বাতিল/২০১১/১১৯ dated 3-2-2011 passed under the sig­nature of Civil Surgeon, Sunamganj, cancelling the appointments of the petitioners of the aforesaid ..

Category: Employment/Service Law | Date: | Hits: 148

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

.... 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. ......ected to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ......er 2 registered Debutternama were acted upon during the life time of Ramoni Mohan Das Baishnabi and whether, the plaintiff is only serving heir of the said Ramoni Mohan Das and contended further that nature of the deeds also have to be considered before considering the oral evidence. He submits that..

Category: Property Law | Date: | Hits: 102

Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)

.... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......rged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......at the time of execution of the sale deed after taking necessary income tax clearance and permission and possession the property would be delivered on that day. Samir Kumar Chowdhury put necessary signatures for obtaining income tax clearance certificate. In the meantime, the then Sub-Divisional Off..

Category: Civil Law | Date: | Hits: 138

Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......it Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......esale market for vegetables has been functioning. Plot No. 5003 is contiguous to plot No. 4805. All of a sudden, the petitioner came to know about the service of a notice dated 12-7-2007 under the signature of respondent No. 6 on behalf of respondent No. 7 under section 3 of the Requisition and Acqu..

Category: Property Law | Date: | Hits: 79

Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

....e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......t once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......rajapattan and the land being accordingly recorded in their names in the SA Khatian Government cannot acquire any lawful right, title or interest in the same. The suit land being barren and fallow in nature the suit valuation was fixed at Tk.1, 50,000 over which the Court fee is paid. 4. The Gove..

Category: Trust/Waqf Law | Date: | Hits: 114

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. ......l petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......AT. There is a clear distinction between charg­ing provisions of a statue and the machin­ery part thereof and it is also well settled principle that mode and manner of recov­ery does not alter the nature of a tax nor can a tax be introduced or imposed by implication…………………………..

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

Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)

....of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ...... Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ......ict Judge”. 12. In the case of Mohammad Vs. Abul, 42 DLR 21, and Bijoy Vs. Narendra 43 DLR 68 it has been held that, "District Judge enjoy the power under this section somewhat of administrative nature and discretionary. In suitable case the District Judge can even suo moto exercise this power ..

Category: Procedural Law | Date: | Hits: 179

Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)

....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ...... and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......it is in law intended." 18. We may profitably refer to the decision in the case of Abdur Rauf Vs. Abdul Hakim, reported in 17 DLR (SC) 515 where it has been observed: "A mala fide act is by its nature an act without jurisdiction. No legislature when it grants power to take action or pass an or..

Category: Property Law | Date: | Hits: 85

Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)

....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......rder to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ...... commission though, respective rule has prescribed 2 days time to forward the FIR on lodging the FIR does not bear any substance as this is absolutely a procedural for­malities and mere directory in nature not mandatory one as it does not prescribe any consequence as such failure to maintain time c..

Category: Procedural Law | Date: | Hits: 86

Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)

.... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ......the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ......aw point regarding section 20 of the SAT Act 1950 but the DW in his deposition stated that the land is not land and also exhibits have been prepared in that manner and admittedly as per CS record the nature of land in nil. Considering the facts and circumstances of the case, the decisions referr..

Category: Procedural Law | Date: | Hits: 83

Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)

....y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......th. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ...... the person who alleges it. To rebut the presumption of legitimacy it is competent to negative the fact of sexual intercourse between the husband and wife during the time, when according to course of nature, the husband can have been the father of the child. If the Court is satisfied that the husban..

Category: Family Law | Date: | Hits: 114

Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......unt in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ...... March 8, 2010. Result: The Rule is made absolute-in-part. When an order passed by some authority suffers from an illegality which is apparent on the face of the record, an order in the nature of certiorari would always be justified even though a right of statutory appeal had not been ..

Category: Fiscal/Taxation Law | Date: | Hits: 174

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. ......nce. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......ot take any steps for extension of grant. The notice of the special meeting was shown to the plaintiff through the peon of the college but she refused to receive the said notice and refused to put signature on the notice book. The decision dated 29.9.2003 was taken very lawfully. The defendant Nos.2..

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. ......ordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......es as were payable at the time of importation would have to be paid under paragraph (ঘ) before the transfer. Said SRO does not create or make any other obligation or liability or any offence of any nature under any law, the transfer of such imported duty-free vehicle before the expiry of the perio..

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

Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)

....udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......ibunal and which cases are to be kept before the normal criminal Courts or tribunals, for trial. …………………….(15) No guideline for sending a case out of a number of cases of the same nature from the normal Criminal Court and transfer to Druta Bichar Tribunal can be found. In absence..

Category: Procedural Law | Date: | Hits: 84

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. ......onnection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 54. ......hat person's death comes into question is admissible in evidence being relevant whether the person was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. Such statements in law..

Category: Criminal Law | Date: | Hits: 85

Md. Ismail Vs. State, 2012, 41 CLC (HCD)

....ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......6 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ...... it. But this power must be exercised very sparingly, cautiously and only in exceptional cases keeping in view the facts and cir­cumstances of each and every case. The inherent power which is in the nature of extra ordinary power has to be pressed in aid when there is a flagrant abuse by subordinat..

Category: Procedural Law | Date: | Hits: 94

Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)

.... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds im­mediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......in both the Rules shall be discharged from their bail bonds im­mediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......in the matter for such non-consideration of evidence and come to a decision on the basis of the materials on record.……………………………………………..(11) Case of absolute civil nature to be decided by a competent civil Court In a criminal proceeding a registered deed which ..

Category: Procedural Law | Date: | Hits: 111