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Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......……………………….(7) Repetition of legal text only means non application of mind by the detaining authority Where the grounds of detention merely repeat the language of the law and nothing else, it portray non application of mind by the detaining authority.……………..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....stafa alias Masta 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) 894. ...... married Shaneka Begum before one year back of the occurrence; that the accused No.2 namely Abdul Aziz, is the "Dharma Bhai" of the informant's mother; that the accused Abdul Aziz is the brother-in-law of accused Mustafa and in connection with this relationship the accused persons used to visit in..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)
.... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ......d 19.10.1985 (Annexure-E-2) and (Annexure-G) and R.S. Map being Plot No.3319 (Annexure-L) and the gazette notification dated 09.03.1998 (Annexure-L-1) should not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Property Law | Date: 9 Jan, 2008 | Hits: 20
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ......e. before the Ain, 2003 and the provisions of section 47 came into force. Therefore, section 47 has no manner of application in the suit. Thus, the Adalat passed the impugned order in accordance with law rejecting the prayer of the petitioner. The writ petition is a misconceived one and the Rule is ..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
.... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ......e trial Court also observed in their judgment that the plaintiff has been possessing the suit property illegally by way of private dhakila and Hokum Nama which has got no leg to stand in the eye of law and in this connection both the courts relied upon a decision reported in 30 DLR (SC) 41 wherei..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ......als being ITA No.1948 to 1952 of 1999-2000 in respect of assessment for five assessment years 1993-94 to 1997-98. 2. As the assessee was the same in all the above references and common question of law was referred to this Division for determination, we heard them together and now, dispose of it b..Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5
Abu Safa (Md.) Vs. Abdul Momen Chowdhury, 2007, 36 CLC (AD)
....ppeal was filed by using fabricated and non-genuine papers and for non-compliance of the court's order dated November 28, 2007. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 17. ......on-genuine person upon using imaginary name of a person and by using fabricated papers is highly deprecable one and, as such, strongly disapproved by the Court. This is not an appeal in the eye of law……………………….(5 & 6) Lawyers Involved: Omar Sadat, Advocate (app..Category: Procedural Law | Date: 11 Dec, 2007 | Hits: 7
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ...... at paragraph 6, page 229; Satish Chandra Mookerjee Vs. Purna Chandra Dutt, 11 Indian Cases (1911) 696; Saudamini Vs. Jessore Regd. Loan Co., AIR 1926 (CAL) 1146; Central Exchange Bank Ltd. Vs. Ch. Dilawar Ali Khan, PLD 1965 (W.P.)(Lahore)628;Abdul Salam Sahib Vs. Batehu Veerabhadraraju, AIR 1928 (M..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ......77, 9103, 15148, 12489 of 2007. Judgment Sharifuddin Chaklader J.- All these Rules except the one in Criminal Miscellaneous Case No.12489 of 2007 involve an important and common question of law, namely authority of this Court to grant bail in cases where First Information Report (shortly F..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
Al Haj A.B.M. Mohiuddin Chowdhury Vs. State, 2007, 36 CLC (HCD)
....of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ......to court under the aforesaid G.D. with the report that accused petitioner is desperate person seeking to create division between people of different class and profession whereby he is likely to cause law and order situation to deteriorate and lead existing development of the state and sovereign powe..Category: Criminal Law | Date: 2 Dec, 2007 | Hits: 3
....78,40,997.85 by crediting the sum to the Current Account of the petitioner.
Send down the lower court's record at once.
Ed.
This Case is also Reported in: 28 BLD (HCD) (2008) 18.
......rule cannot be read to disentitle the petitioner from taking rebate under section 9 of the VAT Act.
28. For the reasons aforesaid, impugned order of the Appellate Tribunal cannot be sustained in law.
29. In the result, the Rule is made absolute with cost. Impugned order dated 28.04.02 pass..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ......ayer of the petitioner for release of the property situated at NER-14, Road No.84, Gulshan, Dhaka from the 'Ka' list of abandoned properties should not be declared to have been passed without lawful authority and to be of no legal effect. 2. In Writ Petition No.1042 of 2001, a Rule Nisi..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)
....et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ......jury on the private parts of the victim Lipa. 17. Md. Jashim Uddin, the learned advocate appearing on behalf of the convict appellant submitted that the trial judge committed an error of law and facts and awarded the harsh sentence to the innocent person who was falsely implicated in t..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
Muktijoddha Bahumukhi Samabaya Samity Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... জারীকৃত রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ......tioner is entitled to get 100 shops but the respondents are not allotting the same. He adds that the activities of the respondents in not allotting the shop as per Rule and notification are without lawful authority. He lastly submits that in view of the provisions laid down in the Rule 4(1)(kha) o..Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43
....omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
......of this Division dated 11.09.05 upon receipt of the duty and other charges both in cash and upon bank guarantee(s), the customs authority would now assess the goods finally to duty in accordance with law by ignoring the CRF certificates.
19. In support, he cited Showkat Ali and 15 others Vs. the ..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
....6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ......an application under order VII Rule 11(d) of the Code of Civil Procedure for rejection of the plaint stating that as per clause 14 of the terms and conditions of the Estate the suit is barred by law. 5. After hearing the learned Judge of the Trial Court by the order dated 25-11-2004 reject..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ......ecessity of compliance of sub-section (5), (6) and (7) of section 33 of the Artha Rin Adalat Ain, 2003 before passing of the impugned order and that the impugned order was quite in accordance with law. 5. We have considered the argument of the learned advocates of both the sides and gone t..Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......dge committed gross illegality in considering the depositions of P.Ws. 7,8 and 9, who were declared as hostile by prosecution, in preference to P.Ws. 1, 2, 3 and 4 and thereby fallen into error of law and fact in acquitting the accused opposite parties. Learned Advocate further submits that bal..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)
....find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ......dated 30-6-2001 submitted by the petitioner to the show cause notice was examined by the Bank and it was found to be unsatisfactory. So, the licence of the petitioner was cancelled in accordance with law and according to the terms and conditions of the licence and also according to section 3 of the ..Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ...... Syed Mahmud Hossain J.- Writ Petition Nos.7785, 8121, 8122, 8123 and 8124 of 2005 were heard analogously and are being disposed of by this common judgment as they do involve common question of law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as f..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
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