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State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ......y through the mouth of those 3 P.Ws. after long period was nothing but a deliberate and afterthought attempt on the part of the prosecution to implicate him in the case falsely, the Tribunal was absolutely wrong in relying upon their testimonies in believing the prosecution case of criminal con..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....r trust or other legal obligation wholly for religious or charitable purposes were excluded from taxable income. The property is not defined in the Ordinance, but ‘property’ is defined in Rule 2(f) of the Income Tax Rules, 1984 (hereinafter referred to as the Rules) as under:- &ldqu......esh, is to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 3
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....sion and also that of the appellate Court below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ......sion and also that of the appellate Court below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ..Category: Civil Law, Property Law | Date: 14 May, 2014 | Hits: 7
Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)
.... 8. Being aggrieved by the judgment and preferred Civil Revision No.1394 of 2008 and the contesting defendant Nos. 66 to 76 preferred Civil Revision No.2821 of 2008 before the High Court Division. Rule was issued in both those civil revisions. 9. A Division Bench of the High Court Division h......t impugned in these two Civil Petitions for Leave to Appeal. By this impugned judgment and order the High Court Division discharged the Rule issued in Civil Revision No.1394 of 2008 and made the Rule absolute issued in Civil Revision No.2821 of 2008 granting separate saham for 4.85½ acres of ..Category: Property Law | Date: 12 May, 2014 | Hits: 6
Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)
....s. State and others…………………….Opposite-Party Judgment May 8, 2014. Result: The Rule is made absolute. Section 27 transpires that a person who has complaint under the provisio...... and others…………………….Opposite-Party Judgment May 8, 2014. Result: The Rule is made absolute. Section 27 transpires that a person who has complaint under the provision of the Nari..Category: Criminal Law, Women and Children | Date: 8 May, 2014 | Hits: 5
State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)
.... lodged an First Information Report (FIR) with the Gulshan Police Station on 10-12-2007 alleging that the respondent and his wife committed offence under sections 26(2) and 27(1) of the Act, 2004 and Rule 15(Gha) of the Emergency Power Rules read with section 109 of the Penal Code by giving false st......ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ..Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....d by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others……Respondents Judgment May 4, 2014 Result: The Rule is made absolute. Cases Referred to- Mlv Md. Abdul Khiurshid Alam Vs.Bangladesh &......etary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others……Respondents Judgment May 4, 2014 Result: The Rule is made absolute. Cases Referred to- Mlv Md. Abdul Khiurshid Alam Vs.Bangladesh & others, 50 D..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
....o attempt has been made to attack the finding of the High Court Division on Service Matter
Having been considered the provisions of sections 36(1), 36(2) of the Ordinance, relevant rules of the Rules, the High Court Division took correct view in the matter as to the right of the writ-petitione......o the affidavit-in-opposition filed by added respondent No. 6 asserting that the statements made in the affidavit-in-opposition that his service was not regularized under the revenue budget, was absolutely false and incorrect. With the approval of the President of the Republic by Memo No.à..
Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....tions being identical, the Division Bench concerned took up both the petitions together for adjudication and disposed both of them by a single judgment, dated 21st August, 2011. 3. The Rule engendered by the Writ Petition No.4608 of 2009 has been discharged on merit while the Rule iss......r its promise. 97. As the wings of the doctrine spread all around, so did the wing clipping factors. 98. It is, by now, a deeply trenched rule that neither form of legitimate expectation is absolute and an individual's entitlement may be denied in furtherance of an overriding public in..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
.... and not binding upon the plaintiff. 34. The trial court decreed the suit and on appeal the suit was dismissed allowing the appeal. The High Court Division by the impugned judgment made the Rule absolute decreeing the suit. …………………&hell......not binding upon the plaintiff. 34. The trial court decreed the suit and on appeal the suit was dismissed allowing the appeal. The High Court Division by the impugned judgment made the Rule absolute decreeing the suit. ……………………&h..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....002. Accused-Sree Ram Krishna Nath then preferred an application under section 561A of the Code before the High Court Division seeking quashment of the proceedings of GR Case No.393 of 2005. The Rule was issued upon the State and another to show cause as to why the proceedings of the said GR ca......edings of the said GR case should not be quashed and it was registered as Criminal Miscellaneous Case No.4296 of 2006. By the judgment and order dated 30-1-2008, the High Court Division made the Rule absolute and quashed the proceedings and gave the following directions: "The informan..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)
....—Respondent Nos.2-5. Civil Appeal No.106 of 2004. (From the judgment and order dated 13-1-2004 passed by the High Court Division in First Miscellaneous Appeal No.157 of 2001 and Civil Rule No.321 (FM) of 2001). Judgment Syed Mahmud Hossain J.- This appeal by leave by the de......ional prayer was made and therefore, the said findings of the High Court Division in support of the respondent's claim of Taka 43.50 lakh in addition to their original claim of Taka 14.50 lakh is absolutely baseless, misconceived, untenable and incorrect and in this view of the matter, the ..Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10
Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)
....ondoned. 2. This petition for leave to appeal is directed against the judgment and order dated 17-5-2009 passed by the High Court Division in Civil Revision No. 3371 of 1998 discharging the Rule and affirming the judgment and decree dated 20-5-1998 passed by the then learned Subordina......ide and the suit is remanded to the trial Court. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ..Category: Civil Law, Procedural Law | Date: 17 Apr, 2014 | Hits: 2
Ibrahim Vs. State, 2014, 43 CLC (HCD)
....ons charged with crime, the following principles should be taken into consideration…………..(39) Evidence of Solitary Witness Calls for Corroboration as s Rule of Prudence. It is absolutely necessary for the interest of justice that at least the......ollowing principles should be taken into consideration…………..(39) Evidence of Solitary Witness Calls for Corroboration as s Rule of Prudence. It is absolutely necessary for the interest of justice that at least the victim's statement must ..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)
....itioners. Md. Oziullah and Md. Ziaur Rahman, Advocates—For the Plaintiff-Appellant-Opposite Parties Civil Revision No. 4480 of 2009. Judgment Sharif Uddin Chaklader J.- This Rule, at the instance of defendant-respondent-petitioners, directed against judgment and decree date......;Defendant-Respondent-Petitioners Vs. Md. Hebaj Uddin Pramanik and another..........Plaintiff-Appellant-Opposite Parties Judgment April 6, 2014. Result: The rule is made absolute. Presumptive value of 30 years old documents It is true but contents of the exhib..Category: Property Law | Date: 6 Apr, 2014 | Hits: 9
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
.... Ashish Rani an Das J State...........................Petitioner Vs. Shajahan Bepari and others.........Accused-Opposite Parties Judgment April 3, 2014. Result: The Rule is made absolute. Purpose of Section 339C— Speedy Trial Court— The whole ......an Das J State...........................Petitioner Vs. Shajahan Bepari and others.........Accused-Opposite Parties Judgment April 3, 2014. Result: The Rule is made absolute. Purpose of Section 339C— Speedy Trial Court— The whole purpose of un..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
.... AZM Tajul Islam...........................................Petitioner Vs. Government of Bangladesh and others.............Respondents Judgment April 3, 2014 Result: The Rule is made absolute. Case Referred to- Bangladesh Vs. Shafiuddin, 50 DLR (AD) 27; Delwar......slam...........................................Petitioner Vs. Government of Bangladesh and others.............Respondents Judgment April 3, 2014 Result: The Rule is made absolute. Case Referred to- Bangladesh Vs. Shafiuddin, 50 DLR (AD) 27; Delwar Hossain Mia ..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
....sain J. - This civil petition for leave to appeal is directed against the judgment and order dated 16-11-2009 passed by the High Court Division in Civil Revision No.3514 of 1998 disposing of the Rule and modifying the judgment and decree dated 30-6-1998 passed by the then learned Subordinate Ju......nd fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190. ..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
....rnment of Banglades Represented by the Secretary, Ministry of Local Government and others.................Respondents
Judgment
March 13, 2014.
Result:
The Rule is made absolute
Constitution of Bangladesh, 1972; Article 102(2)
The nature of order......glades Represented by the Secretary, Ministry of Local Government and others.................Respondents
Judgment
March 13, 2014.
Result:
The Rule is made absolute
Constitution of Bangladesh, 1972; Article 102(2)
The nature of order stopping sal..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....appeals as of right under article 103(2)(c) of the Constitution, challenge the judgment and order passed by a Division Bench of the High Court Division in Contempt Petition No. 118 of 2004 making the Rule absolute, finding the contemnors guilty of contempt and sentencing contemnor Nos. 1-4 and 6-7 t......ls as of right under article 103(2)(c) of the Constitution, challenge the judgment and order passed by a Division Bench of the High Court Division in Contempt Petition No. 118 of 2004 making the Rule absolute, finding the contemnors guilty of contempt and sentencing contemnor Nos. 1-4 and 6-7 to pay..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
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