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Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....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. ......as legal proof is concerned. Suspicion however, so strong cannot be allowed to take the place of legal proof. 19. It is seen from the evidence of the prosecution witnesses that a large number of disinterested witnesses were present near the place of occurrence. Naturally it should be ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ...... the entire matter but mechanically passed the order opining the following fact; “Appellant has appealed to Tribunal against Appellate Commissioner of Taxes, Taxes Appeal Zone-3, Dhaka’s order number 546/Coy-7/Taxes Zone-3/2003-2004 dated 28.12.2003 for 1999-2000 assessment year. Appellant..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
....made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
......thin the meaning of Local Government (Pourashava) Act, 2009 and, as such, the impugned judgment should be set-aside. He further submits that the petitioner has been elected Commissioner securing huge number of votes and unless leave is granted he will be thrown out of office and, as such, he prays f..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
.... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ......roperty. However, after obtaining the dismissal order of the appeal for non-prosecution and while he was taking preparation to file an application before the Tribunal then he found that his Plot number was not in the gazette notification as vested property. Then he wrote a letter to his learned..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
....the Commissioner of Customs, Chittagong is set aside.
Communicate the judgment and send down the records.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......e particularly in commercial description of the goods, the word ‘acrylic polymer’ is mentioned or its description in any manner is given. The First Schedule of the Customs Act, wherein H. S. Code number, description and tariff of the goods are mentioned does also not support the allegation raise..
Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ......ion and in the instant case since no such satisfaction is available the mechanical sanction accorded by the commission in 'Form-3' is in the eye of law is not a sanction, at all. Moreover the number of case as has been started arising out of the self same occurrence is also against the provi..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ......nied the case of the plaintiff therein but the plaintiff managed to obtain an ex parte decree. Subsequent to that, the ex parte decree was set-aside and the original suit was restored to its file and number. The petitioner who was the defendant No. 2 of the suit then filed an application under ..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....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. ......Nos.1 to 88 could not yet be absorbed in the revenue setup of DCC. 24. In his book "Constitutional Law of Bangladesh", Third Edition, Mr. Mahmudul Islam, having considered a large number of reported cases of English, Indian and our jurisdictions deduced the principles emerged fro..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
....e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ...... and as per request of Major, the informant along with some police constables appeared at the place of occurrence and found that some accused persons were arrested by the major Aftab Ahmed and a good number of CI sheets were recovered from the house of different persons and also from the local Hasha..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
....sh;For the Respondent No. 9. Writ Petition No. 5321 of 2011. Judgment Nozrul Islam Chowdhury J. — This Rule Nisi was issued at the instance of the petitioner AKM Mahtabul Islam a voter of Cox's Bazar Pourashava who claims himself to be a social worker having imminence i......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ..Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ...... prima-facie offence has been disclosed against the accused-petitioner under section 4(2) of the Anti-Corruption Act, 1957. 41. However, the learned Advocate for the petitioner has referred to a number of case-decisions on initial satisfaction of the government and delegation of power by t..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
.... all necessary. 17. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 230 ......er dated 23-2-2010 passed by the learned Sessions Judge, Nilphamari in Criminal Revision No. 21 of 2010 upholding the order dated 4-2-10 passed by the learned Chief Judicial Magistrate, Nilphamari (renumbered as CR Case No. 3 of 2009) framing charge under section 406 of the Penal Code, should not be..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
....09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ......MLR (AD) 301; Sukumar Sen Vs. Gouranga 1989 BLD (AD) 162; Karnaphuli Cotton Mills Vs. UCBL, 49 DLR (AD) 130 and Md. Hossain Vs. Dildar Begum, 9 MLR (AD) 361. But unfortunately we are coming across number of cases including the instant one where the learned Judges of the High Court Division have ..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......et No.145 dated 16-6-2002 under section 302 of the Penal Code against the accused. 4. The case was ultimately transferred to the Court of Bicharok, Druto Bichar Tribunal No.4, Dhaka where it was numbered as Druto Bichar Tribunal Case No.2 of 2003. 5. Charge was framed under section 302 of ..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
.... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ......der department of family planning with regard to the terms and conditions of their service including seniority, status, encadrement etc. have finally been settled. 5. Pursuant to said judgment a number of 34 non-cadre officers have been found suitable to be encadred in BCS (Family Planning) Cad..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
....e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible.
Ed.
This Case is also Reported in: 18 BLC (AD) (2013) 104.
......espondents impleading them as defendant Nos.1-13 for partition of the ejmali immovable property. Subsequently, the suit being transferred to the Court of Sub-ordinate Judge, Second Court, Dhaka was renumbered as Title Suit No.257 of 1985. The suit was again transferred to the Court of Joint District..
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... the Executive Council in every 3 (three) years. The Executive Council shall be constituted with 21 (twenty one) members elected through the respective members of the General Council from amongst the voters, However, one of the principal functions of the Executive Council is to prepare electoral rol......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......ny way, connected with the said protest and sit-in. The Rector and the Director, Administration of BPATC, out of anger and vindictiveness, initiated a massive disciplinary action against a large number of employees including the petitioners. Over 35 employees including stenographers, UDA, LDA a..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ......wrong behaviour which is willful in character. It may involve moral turpitude, but is not a mere error of judgment, carelessness or negligence in performance of duty. Supreme Court of India in a number of decisions reiterated that "misconduct" would cover any activity or conduct which..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......ed Charge sheet No.143 dated 07.07.2003 under section 302 of the Penal Code against the condemned petitioner. 4. The case was transferred to the Court of Sessions Judge, Kishorganj where it was numbered as Sessions Case No.219 of 2003 for trial. Charge was framed under section 302 of the..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
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