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Touhid & Others Vs. State, 2006, 35 CLC (HCD)

....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......and fact and circumstances of the case do not have so much of cutting-edge as to penetrate the fortress of innocence built around the two convict-appellants. Learned Trial Judge was in grave error in holding that though the accused Jahangir Alam and Mukut did not personally assault the victim yet th..

Category: Criminal Law | Date: | Hits: 98

Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)

....ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......s/notices were served upon the defendants No.2, 3, 5, 7 and 8 which is vital for the purpose of the disposal of the case under order 9 Rule 13 which has been filed mainly on the assertion that before holding the trial of the suit by the Subordinate Judge at Gazipur, the aforesaid defendants died and..

Category: Procedural Law | Date: | Hits: 133

Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)

....r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ...... Judge to ask the Government for and obtain sanction. Hence, the learned Senior Special Judge committed illegality in refusing to prosecute the accused opposite party Nos.2 and 3 on the ground of withholding sanction by the Government. 5.In support of his above contentions the learned Advocate of..

Category: Criminal Law | Date: | Hits: 130

Moniruddin (Md.) Abedullah and others Vs. Controller of Examinations, Dhaka University and others, 1997, 26 CLC (HCD)

....0 of 1992 we hold that this Writ petition is not maintainable. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 567. ......that allegations of unfair means had been received against them and withheld their result. Subsequently the University Authority i.e. Respondent No.1 the Controller of Examinations, cancelled the withholding order with regard to 192 examinees. The petitioners were asked by the respondent No.2 to sho..

Category: Constitutional Law | Date: | Hits: 300

Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)

....atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......d defence examined 4 D.Ws. and the learned Sessions Judge after discussing the evidence of those witnesses by a lengthy judgment of one hundred twenty‑nine typed pages acquitted the accused persons holding: "Hence I am of the opinion that the prosecution has failed to prove the charges under se..

Category: Criminal Law | Date: | Hits: 75

Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)

....e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......has challenged the judgment and order dated 26‑1‑97 passed by the Chairman, 1st Court of Settlement, Dhaka to have been passed without any lawful authority and to be of no legal effect. 2. The holding in question being plot No. H/7, Block‑E, Mohammadpur, Dhaka was leased out to one Amir Hos..

Category: Property Law | Date: | Hits: 71

Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)

....al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......etitioner's Government submits that both the Courts below have committed an error of law in decreeing the suit against the petitioner, that both the Courts below have committed an error of law in not holding that the petitioner is not liable to pay the compensation to the plaintiffs, that both the C..

Category: Procedural Law | Date: | Hits: 111

Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......the material allegations, con­tending, inter alia, that receiving the information about the illegality and irregularity in the process of appointments, the Government formed an Enquiry Committee for holding enquiry. Accordingly, the Enquiry Committee held enquiry and found num­bers of illegalities..

Category: Employment/Service Law | Date: | Hits: 148

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

.... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ......ndant nos. 15-19 that after the death of the Ramani Mohan Das Baishnabi the defendant No.1 Baraja Bala Baishnabi became the Shebait as nominated by him as per custom before his death and she had been holding the office of Shebait of the deities and was maintaining possession of the property staying ..

Category: Property Law | Date: | Hits: 102

Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)

....d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......e passport authority must act bona fide and comply with all requirements of law failing which the restriction order will become void and unlawful………(11) Although the Government's concern for holding war criminals trial is appreciated however the High Court Division cannot condone the Govern..

Category: Constitutional Law | Date: | Hits: 147

Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)

....on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......ed charge sheet against-accused Mirza alias Mizan and Md. Abdul Matin under section 19A and (f) of the Arms Act. 4. Case record was sent to the Court of learned Senior Special Tribunal, Dhaka, for holding trial. 5. Special Tribunal No.17, Dhaka, framed charge against accused Mirza alias Mizan ..

Category: Criminal Law | Date: | Hits: 65

Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)

.... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......19th November, 1965 and 30th July, 1966. This fact proved that the recitals in Exhibits 2 and X were created by the plaintiff on blank stamp papers and that the Court of appeal below was justified in holding that these were forged documents created by the plaintiff for the purpose of the suit. These..

Category: Civil Law | Date: | Hits: 138

Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

.... and Tenancy (Amendment) Ordinance, 1960 by allowing the Mutawalli, shebait or trustee, as the case may be, to continue to manage such interest as the agent of the Government till the last day of the agricultural year in which notification under section 43(2) is published or till the Govern­ment ex......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ..

Category: Trust/Waqf Law | Date: | Hits: 114

Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)

..... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......an not claim any vest­ed right on the ground that the letters of credit were opened after publication of SRO No.169 dated 8.6.2000. 6. The High Court Division, after hearing, discharged the Rules holding that the bills of entries having been submitted after publication of the SRO No.252 dated 6...

Category: Fiscal/Taxation Law | Date: | Hits: 128

Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)

....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......ppeal No. 219 of 1996 before the learned District Judge Comilla and the learned Joint District Judge, 3rd Court, Comilla by Judgment and decree dated 31-1-02 allowed the appeal and dismissed the suit holding that the suit challenging the proceeding started under the Acquisition and Requisition of Im..

Category: Property Law | Date: | Hits: 85

Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)

....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......corresponding to GR Case No.137 of 2007 was started. The case was thus endorsed to one Mr. Md. Abdul Baset, Assistant Director, Anti-Corruption Commission to investigate into the allegation who after holding the investiga­tion submitted a police report against the FIR named accused Zahangir Alam as..

Category: Procedural Law | Date: | Hits: 86

Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)

....he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ...... was paid by Late Haji Ahmed Meah Sowdagar. That Late Haji Ahmed Meah Sowdagar spent huge amount of money in developing the land and in con­structing pucca and semi-pucca house and created Municipal holding in his name. It was one of the conditions that the lease will be renewed for a fur­ther per..

Category: Administrative Law | Date: | Hits: 175

Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)

....lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......e following question was originally referred for determination by this Division: (i) Whether on the facts and in the circumstances of the case, the Appellate Tribunal was justified in passing order upholding the justification of AJCT in upholding the assessment framed by the Deputy Commissioner of T..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)

.... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......eal No.315 of 2004 and that appeal was heard by the learned Additional District Judge, 2nd Court Naogaon who by the impugned Judgment and decree dated 28.8.2005 allowed the appeal, dismissed the suit holding that the suit was not maintainable without submitting any reply as against show cause called..

Category: Employment/Service Law | Date: | Hits: 118

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

....wful 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: 13 MLR (HCD) (2008) 441. ......e. He thus discharges constitutional functions for which he is remunerated by fees under the Constitution and not by the Executive. 71. To sum up, the learned Special Judge was clearly in error in holding that MLA is a public servant within the meaning of expression in Section 12 (a) and further ..

Category: Fiscal/Taxation Law | Date: | Hits: 246