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Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)

....sal of the Rule is as follows:- One Monjur, the then Inspector of District Anti-Corruption Officer, Chittagong lodged the FIR stating that in order to facilitate Chittagong "Press Club" to receive handsome amount, the accused-petitioner, holding public office, asked the Chief Account Officer to r......is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and neces­sary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ..

Category: Procedural Law | Date: | Hits: 59

Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)

....The breach of trust resulting in the acts of misappropriation etc. as stated in section 405 takes place at a later stage which attracts action under section 406 of the Penal Code. 15. On the other hand the offence of "cheating" is committed at the initial stage, because of operation of the decept......osite party No.2 (State). We have also perused and considered the application under section 561A, the supplementary affidavit and the documents annexed. 4. Opposite party No.1, FDC filed the above noted compliant case stating that on 25.07.1999 a contract was signed between FDC and a partnership ..

Category: Criminal Law | Date: | Hits: 66

Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)

....f the Arms Act. 39. Section 35A of the Code as inserted by the Code of Criminal Procedure (Amendment) Act, 1991 became effective from 12.02.1991. Judgment of conviction and sentence in the case in hand had been pronounced on 24.08.2002. On the day of pronouncement of judgment, section 35A was in ......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ..

Category: Criminal Law | Date: | Hits: 77

Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)

....Code of Criminal Procedure this appeal is incompetent and should be outright dismissed. 5. Mr. Khan Saifur Rahman, the learned Advocate appearing on behalf of the opposite party No.2, on the other hand, submits that section 205D(2) of the Code of Criminal Procedure gave ample power to the learned...... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ..

Category: Criminal Law | Date: | Hits: 39

Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)

....ne by the taxes department, the instant questions as have been formulated by the Assessee-applicant is required to be answered in negative and in favour of the Assessee-applicant. 7. On the other hand the learned Assistant Attorney General Ms. Mahfuza Begum relied upon the statement made in para......hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Metro Makers and Developers Limited and others Vs. Bangladesh Environmental Lawyers’ Association Limited (BELA) and others, 2012, 41 CLC (AD)

.... হইবে”does not in any way require permission where the development is inconsistent with the Savar Master Plan. 40. I find inconsistency in the submission of learned Counsel. On the one hand, it is contended on behalf of MMDL by enclosing annexures-X-1 and X-2, that as per MMDL’s pra......driven mechanical appliance or have under taken large-scale dairy farming, certificates from the prescribed Revenue Authority as to such actual under taking will be necessary.” 9. It should be noted that a large-scale farming minus power-driven mechanical appliances will not attract the provi..

Category: Environmental Law | Date: | Hits: 434

Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)

....ttled the suit land by 2 registered Pattas dated 22.8.47 and 17.11,51 on a salami of Tk. 1000/= and Tk. 980/= respectively with the defendant No.10, Dhjrendra Nath Saha (opposite party No.4) and also handed over the possession of the suit land to him, Thereafter, the defendant No.10, Dhirendra Nath ......e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ..

Category: Property Law | Date: | Hits: 57

Millan Miah and another Vs. State, 2012, 41 CLC (AD)

....Society and at 10.15 a.m. when he reached the pucca road on his way home accused Mosta and Milon, with a view to murder him, stabbed him on the back and belly with the knives kept in their respective hands and caused bleeding injury; that hearing hue and cry of Shahidul, the informant and other neig......judgment of the High Court Division and other connected papers on record. 14. The fact that witnesses are related to each other is not necessarily a ground to discard their evidence altogether. We note from the judgment of the High Court Division that the learned Judges consid­ered similar submi..

Category: Criminal Law | Date: | Hits: 60

Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)

....cussed the oral evidence of the respective parties and decided that the suit land was acquired by the Government and possession was delivered to DIT now RAJUK. 5. The appellate court, on the other hand, decided that the document filed by the defendant (RAJUK) proved that out of 35 decimals of lan......h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ..

Category: Property Law | Date: | Hits: 56

Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)

....ners Vs. Md. Shafiullah Patwari and others…………………………Opposite Parties Judgment April 29, 2007. Result: The rule is disposed of. Cases Referred to- Upendra Chandra Rishi Vs. Sufia Begum, 42 DLR (AD) 285; Bangladesh Vs. Chand Mia, 44 DLR (AD) 98; Santosh Kum......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ..

Category: Property Law | Date: | Hits: 64

Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)

....a Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ...... unprecedented step of meeting publicly with President Ford and strongly endorsed the need for such pay increase in his Annual Report on the Judiciary. To support his contention, Chief Justice Burger noted that during the preceding years good number of federal Judges had resigned to return to privat..

Category: Constitutional Law | Date: | Hits: 413

Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)

.... 48 DLR (HCD) (1996) 330. ...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ..

Category: Labour and Industrial Law | Date: | Hits: 137

Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)

....No.3 after hearing the case, by its Judgment and order dated 30.04.2008, acquitted all the accuseds including the present accused petitioner from the charges brought against them and also directed to hand over the seized fertilizer to the accused loanee. The aforesaid F.I.R. dated 02.02.2000 was fil......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ..

Category: Criminal Law | Date: | Hits: 97

Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)

....ly in the present case the S.A. and R.S. record was prepared in the name of the defendants along with the name of the plaintiffs but the defendants never paid any rent to the Government, on the other hand the P.W.1, Haniff Miah used to pay rent to the Government regularly vide exhibit 2A-2F starting......arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ..

Category: Property Law | Date: | Hits: 146

Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)

....on of the suit property. It is the established principles of law that the court is required to dispose of the local investigation matter before posting the suit for preemptory hearing. In the case in hand the defendants stated in their written statement that the property claimed by the plaintiff is ......f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ..

Category: Property Law | Date: | Hits: 84

Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....son. After hearing the parties concerned, respondent No.2 found substance in the allegations and accordingly appointed the Administrator and directed him to hold the election within six months and handover charge to the newly elected committee. 7. Respondent No.1 has further contended that as ......d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 114

Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....f allotment, she deposited the full premium amounting to Taka 9,000/- (nine thousand) only on 20.2.1994 by treasury chalan No.ঠ/১-৪.Thereafter, she wrote a letter to the concerned authority for handing over possession of the plot in her favour. In response thereto the Executive Engineer, Housi......directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 82

Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)

.... the instant proceeding amounts to an abuse of the process of the Court, which is, liable to be quashed to secure the ends of justice. 7. Mr. M. Moazzem Hossain, the learned Advocate, on the other hand, by filing a counter affidavit on behalf of the informant-opposite party No.2 oppose the rule. ......enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ..

Category: Criminal Law | Date: | Hits: 92

Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)

.... The State…………………………………………………………………………..Respondent Judgment July 3, 2005. Result: The Appeal is allowed. Lawyers Involved: Khandakar Saiful Hoque with Khalilur Rahman and Mohmud Hossain Imam-For the Appellants. Golam Kibr......ir statements allegedly made by them before the Upazilla Magistrate under section 164 of the Code of Criminal Procedure after they were declared hostile on being recalled suo moto by him. It is to be noted that these two p.ws. were tendered by the prosecution and the defence declined to cross-examin..

Category: Criminal Law | Date: | Hits: 80

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

....ause notice do not constitute any ‘misconduct’, for which the right to profession and lawful trade or business of a citizen guaranteed under the Constitution can be taken away. 7. On the other hand, Ms. Jesmin Sultana Samsad, learned Assistant Attorney General appearing for respondent Nos.1 a......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 407