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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......inal Procedure by observing all the legal formalities. He further deposed that both of the said persons made their statements voluntarily and put their left thumb impressions after the same were read over to them. He proved the statements of Shunai Mondal as exhibit 4 and his signature therein as ex......lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ..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......¦â€¦â€¦â€¦â€¦â€¦â€¦......Petitioner Vs. Bangladesh and others……………………....Respondents Judgment July 15, 2012. Result: The Rule is discharged. Case Referred to- Government of Bangladesh and others Vs. Md. Tajul Islam, 49 DLR (AD) 175. Lawyers Involved: 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
Hajee Helal Uddin Ahmed Vs. National Sports Council and others, 2012, 41 CLC (HCD)
....ncil did not fulfill this condition in nominating the seven members and therefore, the impugned nomination (annex-D) is without jurisdiction because of lack of jurisdictional fact. 8. On the other hand, Mr. A. F. M. Mesbah Uddin, learned Advocate appearing for respondent 1 submits that the instan......ex-D) nominating seven members in the general body of Divisional Sports Association, Sylhet and the order dated 30.1.2012 passed by the Election Commissioner for the election, 2012 of the association overruling Objection No.7/2012 (annex-E) that was raised by the petitioner against the voter list pr......Accordingly, the Rule is discharged without any order as to cost. The interim order of stay passed earlier is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 94
.... to grant state honorarium in her favour and send the arrear calculating from 7.4.1989 till date to the account maintained by Taj Nehar Begum, widow of Nur Ahmed, of Village-Satya Nagar, Post Office-Chandghati, Police Station-Chhagalnaiya, District-Feni within three months from receipt of this judgm......ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......gladesh (Freedom Fighters) Welfare Trust Order, 1972 (P.O.94 of 1972) for the welfare of freedom fighters and family members of the martyrs of liberation war. A board of trustee is entrusted with the management of the Trust, which has made the Bangladesh Freedom Fighters Welfare Trust Regulations, 1..
Category: Others | Date: | Hits: 103
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....derganj and execute and register the kabala in favour of the plaintiff just after the judgment of the case of the husband of defendant No.2 is pronounced. It may be mentioned here that at the time of handing over possession of the land of Iman Hossain Gazi to the plaintiff after registration of the ...... On 03.03.93 plaintiff (petitioner herein) filed Title Suit No.11 of 1993 in the court of Assistant Judge, Bhederganj, District Shariatpur against defendants Anwar Hossain Gazi, Shahanara Begum and Government of the People's Republic of Bangladesh as defendant Nos. 1, 2 and 3 for specific performan......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ..Category: Property Law | Date: | Hits: 103
Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....e matter, the impugned approval dated 23.04.2009 accorded by the respondent no.1 for construction of the new Complex Bhaban on the old site at Jogandronagar is of no legal effect. 10. On the other hand, Mr. Md. Ataur Rahaman, the learned Advocate appearing on behalf of the added respondent No.11,......ourt High Court Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Md. Akkas Ali…………………………Petitioner Vs. The Government of Bangladesh and others……………………………..Respondent Judgment May......case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ..Category: Administrative Law | Date: | Hits: 261
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....r an amount of Taka 15,085.00 was sanctioned as grant for the Taraganj Social Welfare Office signed by Mrs. Anwara Khatun P.W.3 as the Drawing and Disbursing Officer on 27‑6‑1985 and the same was handed over to the accused‑appellant Mustafizur Rahman, a lower grade clerk‑cum‑typist of the ......ount of Taka 15,085.00 was sanctioned as grant for the Taraganj Social Welfare Office signed by Mrs. Anwara Khatun P.W.3 as the Drawing and Disbursing Officer on 27‑6‑1985 and the same was handed over to the accused‑appellant Mustafizur Rahman, a lower grade clerk‑cum‑typist of the said of......ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ..Category: Criminal Law | Date: | Hits: 110
Rakibuddin Talukder Vs. Government of BanglaÂdesh and others, 2009, 38 CLC (HCD)
....R (AD) 16; Dudu Mia being dead his heirs: 1(a) Md. Moyezuddin Vs. Ekram Mia Chowdhury, 7 MLR (AD) 7 = 54 DLR (AD) 7; Additional Deputy Commissioner (Revenue) Vs. Abdur Rashid, 5 BLC (AD) 76; Narayan Chandra Dey Vs. Ali Azam Sarder (minor), 1 BLC (AD) 185; Niropoma Ritchel Vs. Md. Abdul Jalil Mea, 41...... DLR (HCD) (2012) 430. ....... Office is directed to send down the records of this case at once with a copy of Judgment for inforÂmation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ..Category: Property Law | Date: | Hits: 76
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....erson snatched away those money from him and fled away. The informant and his brothers caught hold of the accused Shahid with me Razor. At that time the accused Shahid dealt a Razor blow to the right hand wrist of the informant causing injury. Then the accused Shahid was taken to the Railway Station......osecution miserably failed to prove that the accused appellant Shahid was caught red handed at the place of occurrence in connection with the instant case. The prosecution also failed to prove any recovery from accused appellant Shahid. 19. On a careful scrutiny of the evidence of the prosecution......lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ..Category: Criminal Law | Date: | Hits: 83
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....LR (AD) 67 and the case of Shahidul Vs. the State reported in 57 DLR (HC) 222 in support of his contention. 15. Mr. Md. Shohrawardi, the learned Deputy Attorney-General for the State, on the other hand, submits that the convict-petitioner including others kept in their possession a huge amount of......3 In case of any contravenÂtion of any provision of the Foreign Exchange Regulation Act etc. complaint should be filed before the Magistrate by the person authorized in this behalf either by the Government or by the Bangladesh Bank and not by lodging any FIR and that too by an authorized person.......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ..Category: Criminal Law | Date: | Hits: 109
Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
....amp; Brothers of 7 Avoy Mitra Chat Road, Feringee Bazar, Chinagong of which the petitioner is the Managing Partner. On receipt of the entire consideration money, the seller MM Khan & Co (Pvt) Ltd handed over the physical possession of the two vessels to the petitioner. At present, the petitioner......others of 7 Avoy Mitra Chat Road, Feringee Bazar, Chinagong of which the petitioner is the Managing Partner. On receipt of the entire consideration money, the seller MM Khan & Co (Pvt) Ltd handed over the physical possession of the two vessels to the petitioner. At present, the petitioner has be......s and the office of respondent No. 1 received the same on 19-2-2009. Respondent No. 1 has been appointed as the Director under section 4 and under section 5 of the Ordinance he is responsible for the management, conservation, supervision and development of marine fisheries and the implementation of ..Category: Civil Law | Date: | Hits: 124
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
....esting the original suit and also filed an Appeal unsuccessfully. He also submits that the petitioner preferred Title Suit No.309 of 2004, plaint of which has been rejected but in the present case in hand the petitioner raises the practice of fraud only in such circumstances the suit is not barred u...... posÂsible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ...... posÂsible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ..Category: Procedural Law | Date: | Hits: 94
Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....ns on question No.III, Mr. Ali has relied on an unreported Judgment dated 30th August 2005 passed by this Division in Reference Application No.93 of 2005. 13. Mr. Abdur Rahim Bhuiyan, on the other hand, contends that under section 37 of the Ordinance, income within the same year may only be set o......) read with section 30(e) of the Ordinance, the assessee is entitled to have leave pay and gratuity on actuÂal basis inasmuch as, it is future provision of the expenditure for its employees and are covered as "othÂer benefit to an employee". He further submits that the expenditure of an assessee o......ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Ful Mia Vs. State, 2004, 33 CLC (HCD)
....uilty and claimed to be tried. 5. In course of trial the prosecution adduced as many as 13 witnesses and examined 10 witnesses and three witnesses namely P.W.7 Md. Aslamuddin, P.W.11 Sree Bhabesh Chandra Bala and P.W.12 Md. Wasiqur Rahman were tendered by the prosecution and declined for cross-ex......testimony should not be jettisoned…………………………………(28) Evidence of police personnel When there is consistent and uniform evidence of the police personnel in respect of recovery of the arms from the exclusive control and possession of the accused and in absence of evidenc......un concurrently. 31. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 31. ..Category: Criminal Law | Date: | Hits: 79
Neo Mendes and others Vs. State, 2007, 36 CLC (HCD)
....s to the principal accuseds on the ground that the allegations made in the petition of complaint disclosed a civil liability for which Money Suit No.26 of 2001 was initiated by the complainant before hand as such if this proceeding be continued that will act as double jeopardy and also in no way bri......f complaint and the complainant's only endeavour to get back money from the accused persons and for that Money Suit No.26 of 2001 having been filed before hand, institution of the criminal proceeding over the self same fact is nothing but compelling the accused persons to yield to the pressure of th......t this rules i.e. Criminal Miscellaneous Case No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ..Category: Criminal Law | Date: | Hits: 70
Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)
....ate into a case under the said Ain and on this ground also the proceeding is liable to be quashed. 8. Mr. Md. Iqbal Kabir, learned Assistant Attorney-General, appearing for the State, on the other hand, submits that the application under section 561A of The Code of Criminal Procedure is wholly mi......or quashment of the proceeding. 3. Prosecution case, in a nutshell, is that Ikbal Anwar, Sub-Inspector of Belkuchi Police Station, on the basis of a secret information on 8.7.2007 at 9-00 p.m., recovered 5 (five) bundles of cannabis, weighing about 3 (Three) maunds, worth Taka 6,00,000/- (Six Lac....... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ..Category: Criminal Law | Date: | Hits: 90
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
.... Bank & others……………………………Respondents Judgment September 16, 2007. Result: The Rule is made absolute in part. Cases Referred to- Abbasuddin Chowdhury Vs. Chandra Mohan Chowdhury, 18 DLR 535; Sahara Khatun Vs. Abdul Gafur @ Abdul Gaffer, 55 DLR (AD) 79; Ab......is case, the petitioner did not file any application under Order XXI, rules 90/91 of the Code for setting aside sale on the ground of fraud but filed an application under section 151 of the Code. Moreover, it has already been settled in many-cases that for maintaining an application under the Code, ......ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ..Category: Civil Law | Date: | Hits: 136
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....t the accused petitioner is an abuse of the process of court and liable to be quashed for ends of justice. 8. Mr. Abdul Baset Majumder the learned Advocate of the opposite party No.2, on the other hand, submits that it is established principle of law that in the petition of complaint under sectio......d was insufficient. Then he served a legal notice on 03.09.2007 through his lawyer requesting for the payment of the money and accused petitioner after receiving the notice did not pay any money. Moreover the accused petitioner had given threat for endangering the life of him and hence filed the cas......nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ..Category: Criminal Law | Date: | Hits: 107
.... 27 of the Specific Relief Act as well as section 53 A of the Transfer of Property Act.
12. Mr. Md. Haroon-Ar-Rashid, the learned Advocate appearing on behalf of the opposite parties, on the other hand, submitted that the learned appellate Court having found that the depositions of the P.Ws. 1,2 ......y having contested the suit claiming that he is a purchaser for value of the suit land having no knowledge of the disputed contract, the learned appellate Court committed error in allowing the appeal overlooking the provision of section 27 of the Specific Relief Act as well as section 53 A of the Tr......ined.
The order of stay granted at the time of issuance of the rule is hereby vacated.
Send down the L.C. Records immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 444.
..
Category: Civil Law | Date: | Hits: 103
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....eekers of Justice in whose favour Judicial verdict had been proÂnounced are to wait, wait and wait to be favoured ultimately with fruit of verdict and sometimes they become victims of justice in the hands of those litigants. The Civil proceedÂing in hand is an apt paradigm how Judgment and Decree ...... 13 BLC (HCD) (2008) 30. ......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ..Category: Property Law | Date: | Hits: 69
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