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Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ed. 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: 29 BLD (HCD) (2009) 7. ......r sections 3, 4, 5 and 6 of the Ordinance were not issued/served upon the petitioner in L.A. Case No.01/2007-2008. Without executing any agreement according to section 15(1) of the Ordinance, the L.A case was started. Notices under sections 3 and 6 of the Ordinance were not served upon the petitione..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
.... 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: 29 BLD (HCD) (2009) 1. ...... Emergency Powers Rules, 2007, hereinafter referred to as the EP Rules, 2007 for acquisition of wealth disproportionate to his known sources of income and concealment of such wealth. 5. Definite case of the petitioner is that no notice under section 26 of the ACC Act and/or rule 15ঘ of the EP..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)
....Government by the principle known as Generalia Specialibus non derogate which in English means "general words do not derogate from the special. Jurisdiction of a Court goes to the very root of a matter brought before it, and if the Court got no jurisdiction everything, shall fall thr......08. Result: The Rule is discharged. The Penal Code, 1860 (XLV of 1860), ss. 406, 420 The Emigration Ordinance, 1982 (Ordinance No. XXIX of 1982), ss. 23, 26 In case of misappropriation of money e.g. in cases involving the promise of sending someone abroad on..Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4
Mst. Parvin Rahman Vs. Moniruzzaman and others, 2008, 37 CLC (AD)
....above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 311.......ট সংগ্রহ করিয়া মামলা করিতে বিলম্ব হইল”।The Officer-in-Charge of the Police Station at Belkuchi received the same and registered the case as Belkuchi P.S. Case No. 14 dated 21.02.2003 under Section 5(1)/9(4)(kha)/10(1)/30 of the Nari..Category: Women and Children | Date: 5 Jun, 2008 | Hits: 109
Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
....f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. ......nd sentencing him to suffer simple imprisonment for three months and also to pay a fine of Taka 1,000 in default to suffer simple imprisonment for fifteen days more. 2. The prosecution case as projected in the first information report and unfurled at trial is, that on 22-1-2007 ASI Md..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2
Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)
....ervice are declared to have been passed without lawful authority having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ......the Rules Nisi issued in both the Writ Petitions should be discharged. 8. Mr. Rokanuddin Mahmud, learned Advocate appearing for the petitioners in both the Writ Petitions, submits that in the case of Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation and Others (2008) 13 MLR (AD) 1, th..Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7
Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)
....e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ...... and sentencing him to suffer simple imprisonment for three months and also to pay a fine of Tk.1,000/- in default to suffer simple imprisonment for fifteen days more. 2. The prosecution case as projected in the first information report and unfurled at trial are that on 22-01-2007 A.S...Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3
Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)
....rt of Joint District Judge Second Court, Sylhet is rejected. No order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 502. ......Title Suit No. 206 of 1970 between the parties there was no scope of re-opening the matter again by declaring their title to the portion in the Suit land as claimed by them. It is true that in some cases it may so happen that without taking evidence it may not be possible to decide the question a..Category: Procedural Law | Date: 28 May, 2008 | Hits: 5
Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 271. ...... admitted in paragraph 23 of the plaint that earlier he filed Title Suit No.337 of 1981 for partition but the same was dismissed for default on 01.09.1990 and thereafter he filed a miscellaneous case being No.92 of 1990 for setting aside the order of dismissal passed in the said title suit whic..Category: Property Law | Date: 26 May, 2008 | Hits: 3
Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457. ......iff admitted in paragraph 23 of the plaint that earlier he filed Title Suit No.337 of 1981 for partition but the same was dismissed for default on 01.09.1990 and thereafter he filed a miscellaneous case being No.92 of 1990 for setting aside the order of dismissal passed in the said title suit whi..Category: Property Law | Date: 26 May, 2008 | Hits: 7
Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)
.... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ......er Bihar and Urishya Municipal Act, 1972 'any' in section 259 does not mean all the business and trade specified therein, but, in Bihar Panchayet Election Rule-1979 under Rule-2 (G) means all. In the case of Beerappa Vs. State of Mysore, AIR 1965- 227 (full Bench), a case under Bombay Municipal Boro..Category: Banking Law | Date: 22 May, 2008 | Hits: 227
Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)
....l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ......purchased the jeep after the specified period of three years from the date of importation of the vehicle on 13.03.03 the petitioner incurred no criminal liability, initiation and cognizance of the case against the petitioner was therefore unauthorized and without jurisdiction. 6. He submitt..Category: Criminal Law | Date: 18 May, 2008 | Hits: 3
Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)
..... 19. Office is directed to send down the record of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ......ay the money and denied about the claim amount and agreement to the complainant in presence of witnesses. Thereby the accused committed the offence of criminal breach of trust and cheating. Hence the case. 3. Eventual the learned Magistrate by the order dated 08-01-2004 framed charge under sect..Category: Procedural Law | Date: 18 May, 2008 | Hits: 41
....a copy of this order be sent to the Election Commission at once for guidance and necessary action
Md. Ashfaqul Islam J.- I agree
Ed.
This Case is also Reported in: 60 DLR (HCD) (2008) 407.
......petitioners who are eleven in number obtained the above Rule as residents of Football Ground Camp at Mirpur excepting petitioner No. 3, resident of Non-local Relief Camp at Mirpur.
3. Their common case, in short, is that before and after creation of Pakistan on 14 August 1947, the ancestors of th..
Category: Election Law | Date: 18 May, 2008 | Hits: 122
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ......aintainable and the plaintiffs ought to have instituted a suit (sic) establishment of their title. The learned Judge of the High Court Division upon independently examining the facts of the case similarly case (sic) to the finding that a disputed question of title was very much involv..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Abdul Alim @ Chutta and another Vs. State, 2008, 37 CLC (HCD)
....ody if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 476. ......te opposite party vehemently opposes the Rule and submits that after obtaining bail from this Court the petitioners are continuously threatening the family members of the informant to withdraw the case and to leave the locality otherwise they will kill them. He adds that on 09-08-2007 on behalf ..Category: Criminal Law | Date: 13 May, 2008 | Hits: 9
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
....he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ......he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....witnesses indicates that the evidence of prosecution witnesses are discrepant and inconsistent which are unworthy of credit. It is well settled that discrepancies of serious nature will strike at the root of the prosecution case. The discrepancies in the testimonies of the prosecution witnesses in t......rned Judge, Tribunal No.4, Satkhira (hereinafter referred to as the ''Tribunal') in Special Tribunal Case No.197 of 1995 arising out of GR Case No.118 of 1995 corresponding to Satkhira police station case No.43 dated 26-3-1995 convicting accused appellant Kazi Ramimul Islam under section 4(kha)/9 of..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....witnesses indicates that the evidence of prosecution witnesses are discrepant and inconsistent which are unworthy of credit. It is well settled that discrepancies of serious nature will strike at the root of the prosecution case. The discrepancies in the testimonies of the prosecution witnesses in t......rned Judge, Tribunal No.4, Satkhira (hereinafter referred to as the ''Tribunal') in Special Tribunal Case No.197 of 1995 arising out of GR Case No.118 of 1995 corresponding to Satkhira police station case No.43 dated 26-3-1995 convicting accused appellant Kazi Ramimul Islam under section 4(kha)/9 of..Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......g the documents. 3. The respondent No.4, Bank filed Other Class Suit No.59 of 1989. Subsequently, renumbered as 40 of 2004 now pending before the Artha Rin Adalat, Natore. 4. Short facts of the case of the plaintiff-respondent No.4 is that petitioner obtained loan against sanction letter dat..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
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