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Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)

.... the petition of complaint do not disclose the offence of cheating and criminal breach of trust and consequently, the proceedings of the aforesaid CR case are liable to be quashed. 6. On the other hand, Mr. Md. Mamunur Rahman, learned Assistant Attorney-General appearing for the State, submits th......anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ..

Category: Employment/Service Law | Date: | Hits: 238

Habib Khan Vs. State, 2012, 41 CLC (HCD)

....67; Bashu Dev Chatterjee Vs. Umme Salma, 8 BLT (AD) 168 = 51 DLR (AD) 238; Arun Karmakar Vs. State represented by the Deputy Commissioner Satkhira and another, 8 MLR (AD) 162 = 7 BLC (AD) 61; Mongol Chandra Nandi Vs. Bangladesh represented by the Secretary Ministry of Home affairs and others, 2 MLR ......ore Hafazat Nirapad Abssan are directed to set at liberty the vic­tim Mosammat Rokeya Dil Afroz Munmun forth­with. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ..

Category: Criminal Law | Date: | Hits: 176

Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)

....7, and (3) Humayun Hossain Khan Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Finance & others reported in 61 DLR (AD) 92. 14. On the other hand, in reply Ms. Hosneara Begum, the learned Advocate appearing on behalf of the respondent bank s......as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 254

Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)

....support of his contention. 12. Mr. S.M. Shahjahan Kabir, the learned Assistant Attorney-General along with Mr. Nusrat Alam Chisty the learned Assistant Attorney-General for the State, on the other hand, submits that the prosecution has proved its case against the appellants by the most consistent......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ..

Category: Criminal Law | Date: | Hits: 153

Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)

....ule 46 requiring a fund to have at least Tk.50 crore as capital will apply to the existing funds. 46. But the amendment of Rule 46 shall not apply to existing mutual funds. The petitioners, on one hand, are opposing amendment of Rule 66 but on the other hand are trying to take advantage of amendm......of stock dividend and stopped increase of capital. But the tenure of the mutual funds was not limited. When SEC has allowed stock dividend now it cannot stop it altogether. 32. It is remarkable to note that closed-end mutual funds issue bonus shares in our neighbouring countries, namely, India an..

Category: Business or Commercial Law | Date: | Hits: 462

Ranjit Vs. Bangladesh, represented by the Secretary, Ministry of Jute, Bangladesh Secretariat, Dhaka and others, 2007, 36 CLC (HCD)

.... petitioner to go on retirement from 31.12.2005. As such the impugned order is illegal, and without lawful authority which is required to be rescinded and declared to be cancelled. 4. On the other hand Ms. Sufia Ahmed the learned Advocate appearing on behalf of respondent No.3 without filing any ......cted to pay the salary and other benefit to the petitioner in accordance with law. 10. However, there will be no order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 19. ..

Category: Criminal Law | Date: | Hits: 143

Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

....that the respondent issued the impugned notice on 22-6-2003, and 07-9-2004 which are long after 150 working days, therefore, the impugned order is illegal as barred by limitation. 10. On the other hand, Mr. Abu Saleh Md. Fazle Rabbi, the learned Assistant Attorney General opposed the rule. 11....... assessment of the goods on the basis of CRF. Suddenly the respondents raised an objection about the basis of issuance of the CRF certificate by bringing a reference of "recorded value". However, the note sheet failed to give any specific reference to the "recorded value" as to which consignment sho..

Category: Fiscal/Taxation Law | Date: | Hits: 194

Gopinath Das and others Vs. Government of Bangla­desh & others, 2010, 39 CLC (HCD)

....ase No.24 of 1918 under section 198A of Bengal Tenancy Act his right was recorded as 'owner-in-possession'. GC Basak settled 5.18 acre agricultural land out of the land of said khatian with Gowranga Chandra Das, the orig­inal plaintiff and one Md. Noor Hossain, his benamdar by an amalnama executed ......of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ..

Category: Property Law | Date: | Hits: 149

Shah Alam (Md.) Vs. Bangladesh Water Deve­lopment Board, 2012, 41 CLC (HCD)

....omplex Ltd. Vs. Sikder Construction Ltd., 8 LG (AD) 75; Rajdhani Unnayan Kartipakkha (RAJUK) Vs. MN Alam and Associates Ltd., 54 DLR 161; Mohamed Esoof Vs. Vr Subramanyam AIR, 1957 Mysore 78; Ganesh Chandra Misra Vs. Artatrana Misra, AIR 1965 Orissa 17; Hastimal Dalichand Bora, AIR 1965 Orissa 17; H......nt Board, floated Tender Notice No.T-3 of 1987-88 issued from the Office of the Executive Engineer, Gomati Water Development Division, Bangladesh Water Development Board, Comilla; (here we tempted to note that whenever our nation­al poet, Kazi Nazrul Islam went to Comilla, his father-in-law's house..

Category: Civil Law | Date: | Hits: 195

Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)

....y the Magistrate under the provision of law. 5. Mr. M.A. Sattar, the learned Advocate appeared against the Rule and in support of the opposite parties namely, Entaj Shaikh and others, on the other hand, has contended that the order passed by the learned Sessions Judge suffers from no illegality o......Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ..

Category: Criminal Law | Date: | Hits: 88

Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)

....an error of law apparent on the face of the record and an interfere­nce by this Court is called for. 5. Mr. Syed Badrul Alam, the learned Advocate appearing for both the respondents, on the other hand, submits that the learned Subordinate Judge has passed the impugned order after getting a local....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ..

Category: Procedural Law | Date: | Hits: 146

Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)

....l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ..

Category: Criminal Law | Date: | Hits: 62

Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)

....ost-dated cheques had been issued. In view of such position we cannot see how the petitioner by deceiving the opposite party fraudulently and dishonestly induced him to deliver the goods, on the otherhand, it was at the instance of the opposite party that the new system of delivery of goods against ......se if the accused-petitioner would have by deception fraudulently and dishonestly induced the opposite party to deliver the goods then the act would fall under this definition. But as we have already noted it has been already stated in paragraph 5 of the complaint petition that it was the opposite p..

Category: Criminal Law | Date: | Hits: 67

Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....er, as we have already mentioned, is 30th August 1984, since then quite a long time has lapsed without any attempt by the Government to take back the unutilised lands of the petitioners. On the other hand, from the petition it appears that the requiring body has recently carried out survey of lands ......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ..

Category: Property Law | Date: | Hits: 67

Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)

....error in convicting and sentencing the accused and that the learned Sessions Judge was wrong in holding the accused guilty finding him liable under section 106 of the Evidence Act. 8. On the other hand, the learned Assistant Attorney-General appearing on behalf of the State submits that the PM re......the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ..

Category: Criminal Law | Date: | Hits: 91

Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)

....their claim." 12. Therefore, it appears from the report that claimed item No.2, 3 and 5 were sound. The learned Advocate for the petitioner submits that it, means that claim is sound, On the other hand, the learned Advocate for the petitioner submits that it means that the goods were found in sou...... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ..

Category: Civil Law | Date: | Hits: 176

Bela alias Bala & another Vs. State, 2011, 40 CLC (HCD)

....eapons. Accused No.2 Masud ordered to kill informant, while accused No.1 Bela alias Bala dealt chenny blow pointing her head causing profuse bleeding injuries, who also caused injuries upon her right hand fingers. Accused No.3 Nurnabi also assaulted her. They identified the accused by electric light......e petitioners 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: 64 DLR (HCD) (2012) 85. ..

Category: Criminal Law | Date: | Hits: 95

Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....f the terms and conditions of service of a person in the service of the Republic, including the matters provided for in Part IX and the award of penalties or punishments. Article 117(2), on the other hand, debarred any Court to entertain any proceedings or make any order in respect of any matter fal......lly raised and decided in the other cases referred above we do not find force in the submissions of the learned advocates for the petitioner. 14. Apart from the decisions quoted above, it is to be noted that the Constitution incorporated Article 117 with a non-obstante clause which is to be given..

Category: Administrative Law | Date: | Hits: 455

Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... Case is also Reported in: 64 DLR (HCD) (2012) 152. ......s from the places wherein their homesteads are situat­ed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ..

Category: Property Law | Date: | Hits: 89

Dr. Md. Habibullah Vs. Additional Secretary and Member (Appeal and Revision) and others, 2007, 36 CLC (HCD)

....such notification or, in relation to relevant goods and services from the date of publication of the notification under section 4, which ever is later. 22. Section 4 of the Ordinance, on the other hand, empowers the National Board of Revenue to declare by a notification in the official gazette an......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 704. ..

Category: Administrative Law | Date: | Hits: 491