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Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)
....to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ..Category: Civil Law | Date: | Hits: 174
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....or examining the accused with reference to incriminating circumstances appearing against him in prosecution evidence is not for observance of a ritual in a trial nor is it a mere formality, it is the mandatory provision from procedural law and a departure from fundamental principles of section 342...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..Category: Criminal Law | Date: | Hits: 84
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
....or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ...... recorded by it such a convict is not entitled to be released on bail if he is sentenced to suffer imprisonment for life. Court's discretion to enlarge a convict has not been clearly stated under the provisions of sub‑section (1) section 426 but that discretion is to be exercised in consonance wit..Category: Criminal Law | Date: | Hits: 87
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
.... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ...... is also evidence within the meaning of section 3 of the Evidence Act................................(39) The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 103 The object of the provisions of section 103, CrPC is to ensure conducting of search in an impartial way and fair manne..Category: Criminal Law | Date: | Hits: 92
....05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
......ed or less paid.
14. On the other hand, section 37 of the said Act defines various offences and punishments for such offence. Before any final demand could be made under section 55(3), none of the provisions of section 37 could be resorted to. It is needless to say as the fiscal law demands stric..
Category: Fiscal/Taxation Law | Date: | Hits: 131
....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
......st, such action is invalid. Awarding of any government largess in favour of a private party through negotiation without advertisement tantamounts to denial of opportunity to others which violates the provisions of Articles 27, 31 and 40 of our Constitution………………………………(36)
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Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......art-A of Sixth Schedule to the Ordinance. The Deputy Commissioner of Taxes meticulously estimated the above taxable income and none of the income he found to be exempted from tax even under aforesaid provisions, which was affirmed in the first appeal. 7. In the circumstances, we wanted to know th..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....ittagong and others………………….Respondents Judgment May 6, 2008. Result: The Rule is discharged with observation. In order to determine the question whether the provision is mandatory or directory, it is the duty of the Court to get at the real intention of the legislature.......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ..Category: Civil Law | Date: | Hits: 136
....he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
......l Court
The exclusion of jurisdiction of a Civil Court should not to be readily inferred. Even if jurisdiction is so excluded, the Civil Courts have jurisdiction to examine into cases whether the provisions of any Act have not been complied with when there is allegation of violation of the rules..
Category: Employment/Service Law | Date: | Hits: 166
Mrs. Rokeya Begum Vs. Chartered Credit Cooperative Ltd., 2009, 38 CLC (HCD)
....itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......hat it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may extend to one year, or wi..Category: Criminal Law | Date: | Hits: 70
Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)
.... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ......nces shall run concurrently. 10. The total period of custody of the convict-petitioner prior to his conviction in connection with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported i..Category: Criminal Law | Date: | Hits: 81
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be communicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......ilty but the confessional statement of Delowar Hossain is not voluntary and true. He submits that Delowar Hossain was arrested immediate after occurrence on 26-8-1996 but in flagrant violation of the provisions of section 167 of the Code he was produced before the nearest Magistrate after 3 days of ..Category: Criminal Law | Date: | Hits: 158
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
....ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......out. ……………………………(5) Some provision should be made authorising the High Court Division to exercise its inherent power in a proper case and direct trial notwithstanding the provisions as to conclusion of trial within a specified time…………………………(5) Law..Category: Procedural Law | Date: | Hits: 102
....e local representative of the petitioner No.1 in all the Writ Petitions. The Government of Bangladesh invited tenders from internationally reputed Pre-shipment Inspection Companies for the purpose of mandatory Pre-shipment Inspection at the initial stage. Pursuant to the said tenders separate agreem...... or the government. The PSI agents rendering services to the importers of Bangladesh and the letter No.224(11) dated 11‑3‑2001 is an executive order issued from NBR which does not over‑rule the provisions of laws, rules and SROs. The PSI agencies raised objection to the NBR’s letter dated 11..
Category: Fiscal/Taxation Law | Date: | Hits: 119
....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
...... before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added.
7. A plain reading of the provisions engrafted in Sub-Rule 2 of Rule 10 of Order 1 of The Code demonstrates that Court for eff..
Category: Property Law | Date: | Hits: 82
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ....... 12. Against the background stated above, the question before us is whether the order dated 18.03.2004 passed by learned Joint District Judge under section 476 is lawful and proper in view of the provisions of sections 476 and 195(1) of the Code of 1898. 13. The jurisdiction exercisable by a ..Category: Property Law | Date: | Hits: 122
....writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
......ite allegations against him is absolutely for the collateral purpose for punishing him and for that reason the impugned order of retirement and the subsequent show cause notice are ultra virus of the provisions of law in Act No. XII of 1974.
5. Mr. Chowdhury, on the point of maintainability of th..
Category: Administrative Law | Date: | Hits: 494
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......tiffs. In the present case I find the judgment of the trial Court to be well reasoned and elaborate and is amply supported by evidence both oral and documentary and with correct interpretation of the provisions of law as laid down in the Registration Act and the Court of appeal below did not interpr..Category: Administrative Law | Date: | Hits: 452
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ...... by deceitful means. 31. Section 3 of the said Ain provides that provision of the Ain shall remain in force notwithstanding anything contained in any other law for the time being in force. So, the provisions of section 9 of the Ain shall remain in force and the provisions of the Penal Code regard..Category: Criminal Law | Date: | Hits: 74
.... in question in LA Case No. 5/72-73. Their Lordships also observed that even the recitals of the gazette notification (Annexure-C and D to that writ petition) also carry evidence of compliance of the mandatory provisions of law referred to above. Keeping in view the notification under section 5(7) o......on in LA Case No. 5/72-73. Their Lordships also observed that even the recitals of the gazette notification (Annexure-C and D to that writ petition) also carry evidence of compliance of the mandatory provisions of law referred to above. Keeping in view the notification under section 5(7) of the Act ..
Category: Property Law | Date: | Hits: 121
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