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State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
.... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ......llowing the appeal. 2. The relevant facts are as follows: The Appellant was the Tahsildar-in-charge of Majenpur, Tahsil Office from 21-12-1987 to 20-12-1991. Within that period he collected rents from the tenants by granting rent receipts. But showing less collection he misappropriated Tak..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....ion by filing writ-petition and obtained Rule Nisi in Writ Petition No.6385 of 2010. 4. The writ-respondents contested the Rule by filing affidavits-in-opposition controverting the material statements made in the writ-petition. 5. The learned Judges of the High Court Division, upon he......he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
.... himself took over the task of investigation and during his investigation, he visited the office of BCIC and Ministry of Industries and seized some documents. He also deposed that he has recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure and on completion of......realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....o.14 of 2011 was filed for restoration of possession in the suit land by respondent No.1. 3. The petitioner contested the Miscellaneous case by filing written objection denying the material statements made in the application filed under Rules 100 and 101 of Order XXI read with section 151 ......iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....anea expositio The concept of legislative intention is a difficult one. Contemporary exposition helps to show what people thought the Act meant in the period immediately after it was passed. Official statements on its meaning are particularly important here, since every Act is supervised, and most a......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
.... "There is no prohibition in law to convict the accused of rape on the basis of sole testimony of the prosecutrix and the law does not require that her statement be corroborated by the statements of other witnesses." 26. Their lordships went on to observe that no explanation......e she did not disclose her story to neighbours who sometimes visited the house where she was staying. 12. Secondly, the High Court Division disbelieved the story of the victim because her parents did not lodge the FIR nor came to depose in court, and they asked the victim to stay in the ho..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....f the application. 5. The appellant-Government as the respondent No. 1 and the writ respondent Nos. 17, 44> 63 and 92 contested the Administrative Tribunal Case by filing two separate written statements denying all the material allegations made in the application stating that the case is bar......allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....ned. After lodgment of the ejahar, the case was endorsed to him for investigation. Having taken up investigation of the case, he visited the place of occurrence, examined witnesses and recorded their statements under section 161 of the Code of Criminal Procedure. He found the statements of witnesses......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....the suit properties go. We have already seen that after framing issue and after filing of the written statement the application for rejection of the plaint was filed. On a reading of the written statements filed by defendant No.3 we do not find any where he stated, that the suit is not mai......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....4. The respondent Nos.1, 3 to 5 and 7 appeared in this matter and filed an affidavit-in-opposition denying all material allegations made in the application and further stating that with regard to the statements made in paragraph No. 18 of the petition it is stated that the petitioner No. 2, who is a......The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
.... him. P.Ws. 10 and 11, who made statement under section 164 of the Code of Criminal Procedure before the Magistrate, were declared hostile. For P.W.12 Kazi Meraz Hossain, Magistrate recorded the statements of the P. Ws. 10 and 11 under section 164 of the Code of Criminal Procedure. P.Ws. 14, 15......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....g an application for anticipatory bail and follow the guidelines given by this Division. Law declared by this Division is binding upon it and the learned Judges are oath bound to follow the statements of law declared by this Division. If the learned Judges do not follow their constitutiona......h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....was not made party in that case. The defendant No. 2 resisted the lessees in cultivating the suit land. Hence the case. 4. The suit was contested by the defendant No.2 by filing separate written statements denying all the material allegations made in the plaint contending inter-alia that the su......d Title Suit No. 351 of 1975 in the court of 2nd Munsiff, Barisal which was decreed on compromise and defendant No.2 got her name mutated in the relevant record of rights and the defendant No. 2 paid rents to the Government. Defendant Nos. 3 and 4 in collusion with the staff of the defendant No. 4 m..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ......ed deed of gift No.2453 dated 30-6-2004 AD and on the same day delivered possession of the suit land to them and since then the defendants have been residing thereon by mutating their name and paying rents to the Government. The plaintiff has no right, title and interest in the suit land and, as suc..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....dant No. 16, the present plaintiff No. 4 was defendant No. 23 and Ator Ali, the predecessor of the defendants was defendant No.10. In the said Partition Suit some of the defendants filed written statements in order to contest the suit and some of the co-sharers prayed for saham. 5. The sai......One Kobej Mollah was the bor-gader under the Naimullah Fakir as such CS khatian No.77 was also prepared in the name of Kobej Mollah articulating his possession thereon. 9. For the arrear of rents, the entire land of Tajru para mouja along with the lands of 9 other moujas were sold in an au..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....ith fairly and reasonably. 14. In the case of AKM Kawsar Ahmed Vs. Bangladesh, cited in 65 DLR 277, wherein it was held that: “the doctrine of legitimate expectation provides that the statements of policy or intention of the Government or its Department in administering its affairs s......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....ted upon a due filing of written statement taking place as per the provisions of section 10 and permits of no ground or scope for being invoked in the opposite scenario of filing of written statements not duly taking place as prescribed under section 10 in that utter contingency, Section 1......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
.... the High Court Division and obtained the Rule Nisi in Writ Petition No.9675 of 2008. 5. The writ-respondent contested the Rule by filing affidavit-in-opposition controverting the material statements made in the writ petition. 6. The learned Judges of the High Court Division upon hea......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17