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AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)

....umayun Rashid, Assistant Engineer; P.W.11 Moniruzzaman and P.W.12 Harunor Rashid of the Anti‑Corruption Department. From the materials on record it appears that all the aforesaid witnesses were the members of the police trap party and all of them stated uniformly that on 8.3.89 at about 4‑30 PM ......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.......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...

Category: Criminal Law | Date: | Hits: 90

Abdur Razzaque Vs. Bangladesh Agricultural Deve­lopment Corporation and others, 1991, 20 CLC (HCD)

....fied. Section 2 of the Ordinance No.V of 1985 has defined a public servant as: "a person in the service of the Republic and includes a Chairman, Vice‑Chairman, director, managing director, trustee, member, commissioner, teacher, officer or other employee of any local authority, statutory corporati...... that the petitioner be reinstated in his service at once. 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) 613. ...... that the petitioner be reinstated in his service at once. 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) 613. ..

Category: Employment/Service Law | Date: | Hits: 67

Shamima Khatoon and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1993, 22 CLC (HCD)

....spondents to restore possession of the disputed house to them. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 601. ......at the petitioner No.1 is the wife of petitioner No.2 and they are nationals of Bangladesh and permanent residents of Bangladesh. The disputed house was leased out by the erstwhile Government of East Pakistan to one Md. Moinuddin, son of late Md. Hanif on hire purchase system under the rehabilitatio......spondents to restore possession of the disputed house to them. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 601. ..

Category: Property Law | Date: | Hits: 89

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.......nce; (c) suspension; (d) discharge; and (e) dismissal from the service. The Rules provide that the employees in matters not covered by the Corporation's Rule shall be governed by the East Pakistan Government Servants (Efficiency and Discipline) Rules, 1960. There is nothing to show that ......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...

Category: Employment/Service Law | Date: | Hits: 177

Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)

....ss the remand order as and when police appears before him. It would be appropriate for the Magistrate to fix time when on each day the police must produce the accused for obtaining remand so that the members of the bar engaged by the accused are in a position to appear and represent the accused and ......Opposite Party Judgment July 26, 1993. Result: The Rule is made absolute. Cases Referred to- Khondakar Moshtaque Ahmed Vs. Bangladesh, 34 DLR (AD) 222; Mohd. Raft Vs. State, (1969) Pakistan Criminal Law Journal 873; Jahangir Lai Vs. Emperor, 1935 AIR Lahore 230; Naeemullah Vs. SSP......asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593...

Category: Criminal Law | Date: | Hits: 87

Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)

....desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ......ion on which reliance has been placed is reported in SCMR 1975 in the case of Haji Golain Sarwar Vs. Dayarant reported at page 179. In that case his Lordship Hamoodur Rahman the then Chief Justice of Pakistan observed that time for readmission of appeal dismissed for want of prosecution runs from da......desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ..

Category: Procedural Law | Date: | Hits: 74

Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)

....declares that "when the Court has to form an opinion as to the relationship of one person to another, the opinion expressed by conduct as to the existence of such relationship of any person, who as a member of family or otherwise, has special means of knowledge on the subject is a relevant fact". Il...... child, and repute and notoriety amongst members of the family, the community, or respectable members of the locality.” 33. In Hamida Begum V. Murad Begum, PLD 1975 SC 624, the Supreme Court of Pakistan endorsed the views taken by the judicial committee in Syed Habibur Rehman Chowdhury V. Syed...... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ..

Category: Family Law | Date: | Hits: 318

SM Abdur Rob Vs. Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and others, 1991, 20 CLC (HCD)

....on 10.2.88 and the petitioner's name was published in the Official Gazette on 28th, June, 1988 as Chairman of Dasuria Union Parishad, Upazila Iswardi, District Pabna along with the names of the other members of the said Union Parishad. The Deputy Commissioner, Pabna fixed 18th July, 1988 for adminis......s of the said Union Parishad in the last week of January, 1992. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 581. ......s of the said Union Parishad in the last week of January, 1992. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 581. ..

Category: Election Law | Date: | Hits: 129

James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)

.... 2293 and 2294 of 1987‑88 before the Taxes Appellate Tribunal against the decision of the Senior Appellate Joint Commissioner of Taxes. The Tribunal comprising Mr. Shamsul Haque Molla, the Judicial member and GM Munir Ahmed, FCA, the Accountant member allowed the appeals, treating the company as r......993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee ­applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ......993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee ­applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ..

Category: Fiscal/Taxation Law | Date: | Hits: 120

Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)

....ce at his abdomen in quick succession. He could not say exactly on what day of 'Chaitra’ after death of his brother, the accused went into possession of the land of Plot No. 360, and he could not remember he stated so in the first information report. He also stated in his first information report ......appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ..

Category: Criminal Law | Date: | Hits: 60

Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)

....tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ...... facts alleged in the writ petition but has admitted in paragraph 4 of the affidavit‑in‑opposition that the petitioner did not apply to the International Red Cross Association for repatriation to Pakistan and that she made an application for issuance of a nationality certificate and this matter ......tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ..

Category: Property Law | Date: | Hits: 75

Momtaz Begum Vs. Md. Anwar Hossain, 2007, 36 CLC (AD)

.... on again registered as C.R. No.243 of 1993 alleging, inter alia, that the accused-petitioner is his married wife; that during the last liberation war of Bangladesh the father of the petitioner was a member of the peace committee; that after the libera­tion of Bangladesh, father of the accused peti......nt and his relations refused to give any dowry; that out of that wed lock a daughter and a son were born; that dur­ing liberation war the accused petitioner had illicid connection with the member of Pakistan Army; that subsequently the accused-petitioner fled away with one Nanta with ornaments, har......s relations refused to give any dowry; that out of that wed lock a daughter and a son were born; that dur­ing liberation war the accused petitioner had illicid connection with the member of Pakistan Army; that subsequently the accused-petitioner fled away with one Nanta with ornaments, hard cash, a..

Category: Criminal Law | Date: | Hits: 165

Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)

....lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ......appellant No.5 and his wife writ petitioner appellant No.6 were British subjects, being holders of British Passports on 16.12.1970. The High Court Division found that although under Section 14 of the Pakistan Citizenship Act, 1951 dual citizenship was not permissible the fact remains that the said w......lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ..

Category: Business or Commercial Law | Date: | Hits: 195

Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)

....ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ......ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ......ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ..

Category: Anti-Corruption Laws | Date: | Hits: 214

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. ......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. ......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. ..

Category: Criminal Law | Date: | Hits: 76

MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)

....parte hearing on 8-3-2006. RAJUK filed written statement and the suit is pending. This defendant went to parliamentary commit­tee of Ministry of Public Works (grihayon and gonapurta montranaloy) and member of parlia­mentary committee, Mr. Joynal Abedin Farooque, Convener, and Chairman RAJUK as mem......to be noted here that in three suits, 4 (four) sets of apparently original documents i.e. allotment letter of DIT, standard lease deed agreement of DIT and receipts of National Bank of erstwhile East Pakistan showing payment of installments against letter of allotment have been filed but it is curio......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ..

Category: Property Law | Date: | Hits: 100

State Vs. Shahin and others, 2010, 39 CLC (HCD)

....ot say anything to them and after taking hos­pital, he went out to purchase medicine. After returning he was that the victim succumbed to his injuries. 37. In his cross-examination he failed to remember who took victim Biplob on the "Van" 38. P.W.9 Sadhan Ali, deposed that hearing the hue and......entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ..

Category: Criminal Law | Date: | Hits: 76

HM Ershad Vs. The State, 1992, 21 CLC (HCD)

....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......n the case of Waris Mea Vs. State reported in 9 DLR (SC) 117 two sections 23A and 23B introduced by amending Act XXXII, 1956 were found void, having offended Article 5 of the Constitution of the then Pakistan. In the case of State of Madhya Pradesh Vs. GC Mandaran reported in 1954 AIR (SC) 493 it is......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ..

Category: Criminal Law | Date: | Hits: 286

National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1991, 20 CLC (HCD)

....ondents in issuing notices? Our answer is in the negative. For the above discussion, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 144. ......Ministry of Defence and set up a factory on the lease‑hold land and subsequently sold the industry to M/s Drums Metal Limited. The share‑holders and the Directors of M/s. Drums Metal Limited were Pakistani nationals. On emergence of Bangladesh the said company was declared abandoned one under Pr......ot comply with the direction of the said notices possession was taken of the vacant land covering 2.26 acres on 7486 by Respondent 2 and on that date physical possession was handed over to Bangladesh Army. Notice as per Annexure‑‘A' was issued on June 15,1998 to the Cantonment Head Quarter to ha..

Category: Property Law | Date: | Hits: 92

Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)

....ross‑examination he admitted that he did not state before the Investigation Officer that on the date of occurrence Naushad, fasiruddin, Fazlu were seen by him passing through the road. He did not remember whether he stated before the 10 that on the date of occurrence at 3‑00 PM Majid saw Nawshad......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136.......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136...

Category: Criminal Law | Date: | Hits: 76