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GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)

....r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ...... mandatory application of section 247 of the Code of Criminal Procedure when the complainant is found to be absent on the date fixed for appearance of the accused or some other date, Mr. Alam cited a number of decisions as, for example, 39 DLR 272, 1993 BLD 224, 4 BLT (AD) 149, 43 CrLJ 27,the sum an..

Category: Banking Law | Date: | Hits: 237

State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)

....dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......ur Rahman (PW27) stated that he recorded the confessional statement of Nur‑e­-Alam on 11‑11‑99, Exhibit. 8. He has proved his signature Exhibit 8/1. In cross-examination he states that no case number has been mentioned in Exhibit 8, that it is not mentioned in the statement that when Nur‑e..

Category: Criminal Law | Date: | Hits: 110

Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)

....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ...... dated 4‑2-2001 ordered that the seniority of some Appraisers were to be counted from the date of their joining in the service as Preventive Officers. As a result petitioner lost his seniority to a number of Appraisers who joined the service originally as Preventive Officer, long before that promo..

Category: Employment/Service Law | Date: | Hits: 116

Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)

....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......cused Chandan Singh had been cancelled by the Supreme Court. Special circumstances existed for cancelling anticipatory bail of accused Chandan Singh. The facts and circumstances of cited cases got no number of applicability in the fact and circumstances of the case in hand and informant cannot take ..

Category: Criminal Law | Date: | Hits: 79

Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)

.... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ......for the assessment of the Customs Duty on the basis of the C & F value at the rate of US $ 585.00 per metric ton. The Bill of Entry was duly received by the Customs on 31-10-94 under registration number 8909. Thereafter on 28-11-94 the petitioner was directed to declare the value of the said goo..

Category: Fiscal/Taxation Law | Date: | Hits: 79

Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)

....reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......ent debtor in civil prison without issuing any prior notice to show cause, in other words without following the provision under Order XXI rule 37 of the Code of Civil Procedure. 7. By now, in good number of cases, the law point involved in the present writ petition, has been settled. We have gone..

Category: Civil Law | Date: | Hits: 169

Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)

....s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ......s directed to comply with the provision of the Act and it was informed that the University Grants Commission was not satisfied with the proposed location of the University. It further stated that the number of the teachers and their appointments were not satisfactory. And the impugned notice was pub..

Category: Others | Date: | Hits: 104

Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)

.... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374....... by the Special Martial Law Court No.4 was mala fide and coram non judice. It appears that the petitioner also instituted Money Suit No.3 of 1995 in the Court of Subordinate Judge, Noakhali against a number of persons including respondent No.3 claiming damages for malicious prosecution and wrongful ..

Category: Criminal Law | Date: | Hits: 56

Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)

....ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ......is as follows: 193C. Review Committee.— (1) There shall be constituted a Review Committee for the purpose of reviewing valuation of imports under preshipment inspection scheme consisting of such number of members as the Government may determine. (2) Any person aggrieved by any decision of th..

Category: Fiscal/Taxation Law | Date: | Hits: 93

Abdul Jabber and others Vs. Mohammad Sekander and others, 1998, 27 CLC (HCD)

....stay order if any granted earlier is duly vacated. No order as to costs. Records of the Courts below shall be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 62. ......ect of a separate tenancy.” In view of the aforesaid definition the land which was originally settled to the predecessors of the pre-emptor, forms a holding although there was no khatian or plot number, therefore, the land transferred under pre-emption can be called and termed as a part of hold..

Category: Property Law | Date: | Hits: 67

KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)

....y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51....... life. The proviso to the sub-section contains exceptions to cases of a person being under the age of sixteen years, of a woman or any sick person. 12. Medical certificates and other papers show a number of ailments these petitioners are said to be suffering from including cardiac trouble, hypert..

Category: Criminal Law | Date: | Hits: 46

Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)

...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43.......all necessary to examine all the brothers of the informant in support of the prosecution case. It is not a case where none of the sons and daughters had been examined. Law does not require particular number of witnesses to prove a case and conviction may be founded even on the testimony of a solitar..

Category: Criminal Law | Date: | Hits: 42

State Vs. Md. Ariful Islam @ Arif, 2010, 39 CLC (AD)

.... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ......ice of Bangladesh Awami League, the Motijheel police registered the case and took it up for investigation. In the said incident 19 leaders and activists of Awami League succumbed to injuries and huge number of activists of the said political party sustained grievous injuries, some of them maimed. Th..

Category: Criminal Law | Date: | Hits: 50

Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)

.... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ......nd 40 of the Constitution and also hits the doctrine of legitimate expectation. 12. In support of his contention on the point of principle of natural justice, the learned Advocate has cited a good number of decisions, such as, in the case of (1) Chairman, Board of Intermediate and Secondary Educa..

Category: Others | Date: | Hits: 182

Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)

....he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ......nd contending that the total land in Dag No.3223 is 53 decimals out of which 26 decimals belonged to Roshik Chandra and Sotish Chandra and the rest 27 decimals land were divided into 6 Khatians being numbers 1591-1595 in the names of Altabuddin and others; subsequently Roshik Chandra died leaving be..

Category: Property Law | Date: | Hits: 62

Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)

....e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......ion under licence from the Government. Section 4 reads as follows: 4. Nikah Registrars.- For the purpose of Registration of Marriages under this Act, the Government shall grant licences to such number of persons, to be called Nikah Registrar, as it may deem necessary for such areas as it may s..

Category: Criminal Law | Date: | Hits: 50

Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)

....any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224.......ring public safety and maintenance of public order, causing fear and alarm to the members of the public and creating law and order situation. He further submits that though the detenu is accused in a number of cases under various section of the Penal Code including sections 302/304 of the Penal Code..

Category: Criminal Law | Date: | Hits: 55

Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

.... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ......d not function properly. Proceedings for contempt of Court are an exception to the general rule that a Judge should not hear any matter in which he has interest in the decision on it. There are large number of precedents where the same Judge whose contempt was committed heard and decided the matter...

Category: Criminal Law | Date: | Hits: 163

Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)

....e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......tanding at a little distance from his son Hachen Ali when a bus bearing registration No. Mymensingh BA-151 came there at a high speed and ran over his son and killed him instantaneously. He noted the number of the bus causing the accident as Mymensingh BA-151. He identified accused petitioner Jamal ..

Category: Criminal Law | Date: | Hits: 37

A Jabber Howlader Vs. Ali Akbar Howlader and State, 1999, 28 CLC (HCD)

....end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329....... appeal is allowed. The impugned order appealed against is hereby set aside and CR Case No.248 of 1993 of the Court of Magistrate, First Class, Jhalakati Sadar, Jhalakati, is restored to its file and number. Send down the LC Records along with a copy of this judgment to the District Magistrate, J..

Category: Criminal Law | Date: | Hits: 63