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Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ...... were called and whether the shop owner was asked any question regarding the seized arms. 5. P.W.4 Kamrun Nahar Chowdhury was the ASI attached to Mirpur Police Station at the relevant time. As the duty officer she recorded the written ezaher filed by P.W.6. She admitted that from the First Inform..Category: Criminal Law | Date: | Hits: 74
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......y list which was exhibited as Exhibit No. 2. He denied the suggestion of defence. 17. P.W. 4, Kazal Chandra Dey, Deputy-Settlement Officer (DSO) stated in his deposition that on 6-7-2008 he was on duty with Uzirpur Upazila Settlement Office, as a Sub ASO and on that date at 3-00/3-30 PM he found ..Category: Criminal Law | Date: | Hits: 142
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
.... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......constrained to file this writ petition and obtained the present Rule. 6. The Rule was opposed by the respondent No.3 by filing affidavit-in-opposition and their inter-alia case are that on special duty the respondent No.4 found smuggling goods in the Bagachara Bazar area which is the border are..Category: Criminal Law | Date: | Hits: 94
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....ami Bank Ltd. is not maintained in the name of the accused-petitioner; rather it is maintained in the name of her husband. Furthermore, the cheque was not bounced because of insufficiency of funds or excess of the amount arranged to be paid as agreed upon between the drawer and the bank. In such a p...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279...Category: Criminal Law | Date: | Hits: 120
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......rcise of power to see whether there was any fraud on power. 14. In the afore mentioned case it has been held that whenever a public servant is required to be given a compulsory retirement, a heavy duty shall be cast upon the Government to act upon cogent reason, although the Government is not l..Category: Employment/Service Law | Date: | Hits: 157
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......whoever’ in section 5 of the new Act to mean only the “public servant along with other persons connected or concerned with the public servant in the commission of the offence.” When it is the duty of the Court to make such construction of the new law as shall suppress such mischief and advan..Category: Criminal Law | Date: | Hits: 109
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ......d to the said Airport lodged first information report on 1-2-2003 with Kotwali Police Station, Sylhet (Annexure-B) alleging, inter alia, that on that day at about 12-00 hours the Customs Officials on duty, on tip off, searched the body of the petitioner after his arrival from abroad and recovered 19..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......r inducement is established so as to bring the case within the purview of section 24 of the Evidence Act, there is a presumption of the continuance of such inducement, promise or threat and it is the duty of the prosecution to satisfy the Court that the impression caused by the original inducement h..Category: Criminal Law | Date: | Hits: 75
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......interpretation of the conflicting provisions to avoid a head on clash, “If it is possible to avoid a conflict between two provisions of an enactment on a proper construction thereof, then it is the duty of the Court to so construe them that they are in harmony with each other”. 35. We have a..Category: Election Law | Date: | Hits: 162
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....e with the petitioner demanding their allowances. 5. In the year 1950 AD the rent receiving interest of the said trust Estate was acquired by the Government during wholesale acquisition along with excess khas land and 100 bighas of khas lands were allotted to the trust Estate under the law and it......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268...Category: Trust/Waqf Law | Date: | Hits: 166
Category: Labour and Industrial Law | Date: | Hits: 171
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ......pproaches this Court and prays for enforcement of fundamental right and the Court is satisfied, that in fact, question of enforcement of fundamental right is involved, this Court is under a mandatory duty in view of clause (1) of the Article 102 of the Constitution to issue a writ. In this connectio..Category: Administrative Law | Date: | Hits: 326
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61.......lamals of the case and sent the accused persons to the Court but unfortunately, he met with an accident on 11.11.90 and hence handed over the investigation of the case to PW 9 KM Shahjahan who was on duty at the Mirpur PS at the relevant time. He thereafter examined the records of the case, and on r..Category: Criminal Law | Date: | Hits: 81
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
.... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57.......under ITC No.73.13 which was subsequently changed as Harmonised Code No.72.10 and the same was carried by two vessels under 4 Bills of Lading dated 27.5.88 and 6.6.88. At that time the rate of custom duty was 50% ad valorem and the tariff value was Taka 15,000.00 per metric ton under SRO No. 115 dat..Category: Fiscal/Taxation Law | Date: | Hits: 155
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
....act. Error arose not only by superseding the contract but was an error going to the roof of the jurisdiction of the arbitrators because the learned arbitrators asked the wrong action and awarded in excess of the authority. Learned arbitrators in awarding the claim deal with the dispute not conte...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ......una by recalling a witness…………………….(10) A Court must discharge its statutory functions whether discretionary or obligatory according to law in dispensing justice because it is the duty of Court not only to do justice but also to ensure that justice is being done in order to enabl..Category: Criminal Law | Date: | Hits: 97
Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458.......relevant document to the customs authority for release of the goods. The customs authority, on the other hand, without making assessment of duties on the basis of CRF certificate assessed the customs duty on the tariff value. Thereafter, the Commissioner of Customs obtained an expert opinion and ref..Category: Fiscal/Taxation Law | Date: | Hits: 138
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ...... when he applied for the post of B.Com teacher, in his application he recorded his date of birth as 3-1-1945 and on the basis of interview, he was appointed as BCom teacher on 5-8-1966 and joined the duty on 8-8-1966. That the plaintiff while serving in that school as BCom teacher, in course of time..Category: Employment/Service Law | Date: | Hits: 158
State Vs. Azam Reza, 2008, 37 CLC (HCD)
.... room and slept locking the door, that next day at about 10-45 AM inspite of his knocking at the door repeatedly the deceased did not open the door, that as previously on several occasions she taking excess sleeping pills slept for long time, he suspected something wrong occurred, that both the keys......sed was tied up with the seat by the seat belt and it received no hurt. 22. P.W.10 SI Biman Kumar Das stated that on 9-1-2004 while he as a Sub-Inspector attached to Gulshan Police Station was oil duty at about 3-30 PM received information over wireless that Joyanti Munshi died in the apartment o..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
.... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......execution of the Bainapatra by the defendant No.1 onus probandi was shifted to the defendant No.1 to prove that he has not executed the Bainapatra by putting his LTI on the same and as such a bounden duty was cast upon him to pray for examination of his LTI by hand writing expert which as he failed,..Category: Procedural Law | Date: | Hits: 120