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Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....ties contested the suit by filing a written statement denying the material allegations made in the plaint. The defendants' case as it appears from the counter affidavits is that the suit land was the excess khash land of the Shariatulla Waqf Estate which on being surrendered under the provisions of ......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....d the Collector of Customs dismissed the said appeal. Thereupon respondent company preferred a revision before the Government without any result. Thereafter respondent company filed a suit to recover excess amount collected from them. The Subordinate Judge held that the Court had no jurisdiction to ......resaid persons brought the said goods through Railway; that out of 1345 bundles 387 bundles were sold and remaining 958 bundles were seized; that the said goods purchased by the plaintiff were either duty paid or duty free and plaintiffs possession was neither illegal nor unauthorized as the same we..Category: Fiscal/Taxation Law | Date: | Hits: 125
Abdul Karim Vs. Gousddin and others, 1998, 27 CLC (HCD)
....gistrar of this Court within 1(one) month from the date of receipt of the copy of this order. Communicate the order to the Court below. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 259.......sions of section 146 of the Code of Criminal Procedure for his failure to determine possession of either party on the basis of the evidence adduced before him. In such circumstances the Magistrate is duty bound as the custodian of the disputed property to take over possession of the same from the 2n..Category: Criminal Law | Date: | Hits: 65
Nurul Huq Vs. Secretary, Rural ElectriÂfication Board and another, 1991, 20 CLC (HCD)
....ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 666. ......collusion with M/s. Khan Prokousuli constructed some unauthorised lines in the areas of Naikan Bari and Kanchanpur. This conduct of the petitioner was contrary to the office discipline, negligence of duty and misconduct. Under Service Regulation 32(V), Sk. Nurul Absar, Executive Engineer, Project Di..Category: Employment/Service Law | Date: | Hits: 65
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......judgment we like to mention that the local reporter of the Daily Ittefaq who unearthed and collected the above news of Nazrul Islam has rendered his noble service as a true journalist inasmuch as the duty of a true journalist is to discover and unearth the truth and focus the same to the society. Th..Category: Criminal Law | Date: | Hits: 97
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....on. Accordingly the appellants gave the work orders on 18th December, 2002. After exeÂcuting works for only 30 days, the plainÂtiffs again stopped the works. The plaintiff had already withdrawn the excess money along with the security money in collusion of the officers. The suit is, therefore, not......rs for development of certain area earmarked as D-1, D-2, E-1, E-2, E-3, F-1 and F-2, Section 2, Mirpur for rehabilitation of lower and middle income for a sum of Tk. 27,94,86,749/-. It performed its duty as per terms of the tender notice but the appelÂlants did not pay it the bills as per prevailÂ..Category: Civil Law | Date: | Hits: 73
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......the exercise of his public functions. It has also been held that conscious acceptance of any such gratification makes a public servant liable to punishment under section 161 of the Code and it is the duty of the prosecution to prove that there was conscious acceptance of the money by the accused. It..Category: Criminal Law | Date: | Hits: 90
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......onal jurisdiction this Court cannot enter into the question of propriety or otherwise of the reliance on the evidence of the witnesses placed by the Courts below, if it is found that the Courts below duty considered and analysed the evidence adduced by the parties. It, therefore, appears that the se..Category: Property Law | Date: | Hits: 87
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ......much as he has held that he was bound to accept the finding of the Magistrate who held the enquiry but before he could dismiss the case under section 203 of the Code of Criminal Procedure, it was his duty to come to his own conclusion. Magistrate even if he wants to act under section 203, Cr.P.C...Category: Criminal Law | Date: | Hits: 98
Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)
....legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598.......penalties of (1) reduction in the rank to the lower post of Asstt. Accounts Officer in the modified scale of Tk. 1350‑90‑2250 EB‑100‑2750 with effect from the date the petitioner reported for duty and (2) to treat as extraordinary leave without pay the period from the date of removal to the ..Category: Employment/Service Law | Date: | Hits: 177
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
.... question of liberty of the citizens. 31. In a recent Single Bench decision in the case of Naeemullah Vs. SSP Faisalabad and others 1992 Pakistan Criminal Law Journal 985 it was held that: "The excesses of police by involving citizens in criminal cases without reasonable cause and through abus......llowed remand, the purpose of the remand and his place and period of confinement, so that he can in case of necessity, communicate with his lawyer, relatives or friends and the Magistrate has a legal duty to check any high‑handedness by the police. 27. The physical production before the Magistr..Category: Criminal Law | Date: | Hits: 87
Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)
....sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ......sed though the motor pumps reached Chittagong port in April, 1985 the same could not be cleared from the port in time. In the meantime Custom Duty having increased from 50% to 100% and 10% regulatory duty having also been imposed with effect from 1.7.85 on receipt of some amount of money on 24th of ..Category: Criminal Law | Date: | Hits: 69
Category: Business or Commercial Law | Date: | Hits: 209
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
.... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ...... hold to be not permitted by necessary implications of law. The litigant cannot be rewarded by maintaining the suit on the file in whatsoever manner he pleads the justness of his cause, and it is the duty of the Court in exercise of its inherent power to bury the suit the moment such fraud comes to ..Category: Civil Law | Date: | Hits: 104
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....tion of judicial mind. What’s more, those findings are uncalled for, since the importer and the seller are not before the High Court Division. In view of the above, the High Court Division acted in excess of jurisdiction in quashing the entire proceedings. Since the trial of the case has been with......n Special Judge, Dhaka in exercise of writ jurisdiction under Article 102 of the Constitution. 2. The above proceedings arose out of the following facts:- 3. The law enforcing agencies seized a duty free vehicle from the basement of UTC Bhaban, Panthapath, Tejgaon, Dhaka and found one Md. Shar..Category: Anti-Corruption Laws | Date: | Hits: 214
Category: Admiralty Law or Maritime Law | Date: | Hits: 307
Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)
.... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ......second show cause notice, strenuously argues that the petitioner is a corrupt person and lie has misappropriate the money of the Academy while he was Class III employee of the Academy discharging his duty as Cafeteria Manager of the Academy. The learned Advocate Mr. Ahmed further argues that the pet..Category: Employment/Service Law | Date: | Hits: 64
Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)
....to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ......k. 5000/- in default to suffer rigorous imprisonment for one year more. 2. The fact, in short, is that on 31.8.1997 S.I. Md. Lutfar Rahman, along with his other companion constables went to Patrol duty for arresting two accused from village-Bagdanga, within Police station-Kotwali, District Jessor..Category: Criminal Law | Date: | Hits: 76
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....rted in open place under the bell (wood apple) trees at Topkhana 'bel kata' was used as 'pin' so, at that time for carrying the official works of any department qualified, under qualified jobless got excess to post which cannot be imagined holding of such post thereafter. It may be true that appella......clearance certificate from RAJUK and other relevant authorities for sale of the land in favour of the plaintiff and plaintiff will be responsible for payment of transfer fee to RAJUK, gain tax, stamp duty, registration fee and all other charges and incidental costs and expenses and the execution and..Category: Property Law | Date: | Hits: 100
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....decimals more land in the schedule of the deed although he sold only 0028 decimals. He claimed that he did not sell 05 decimals of land to the defendants and that the deed so far as it relates to the excess area of land was forged, which was required to be rectified. 3. The defendants contested t......ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ..Category: Property Law | Date: | Hits: 49