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Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

....es Referred to- Intertek Testing Services International Limited Vs. National Board of Revenue, 55 DLR 691; Chemico Laboratories Ltd. Vs. Government of Bangladesh, 11 MLR (AD) 192; Megh Rai Vs. Rupchand Uttamch, AIR 1946 Lahore (Full Bench) 281. Lawyers Involved: Md. Junayed Ahmed Chowdhury,...... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby dis­charged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ..

Category: Fiscal/Taxation Law | Date: | Hits: 168

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

....-appellants, as alleged in the FIR. Then, referring to the deposition of the prosecution wit­nesses (P.W.), he further submits that P.W.1 himself admits that he had prepared the seizure list before­hand and sum up, arguing that, the prosecution evi­dence considered in its entirely, is contradicto......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ..

Category: Criminal Law | Date: | Hits: 75

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ..

Category: Labour and Industrial Law | Date: | Hits: 163

State Vs. Arman Ali and another, 2008, 37 CLC (HCD)

....d illegal in view of the facts and circum­stances and as such the same is liable to be set aside. 15. Mr. S. M. Shahjahar Kabir, the learned Assistant Attorney General for the State, on the other hand, submits that the prosecution has proved its case against the accused per­sons by the most con......- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ..

Category: Criminal Law | Date: | Hits: 106

Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)

....without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ......the local chairman ultimately on 17.02.2008 refused to make such payment. Thereafter on 18.02.2008 she filed the Family Execution case for her decreetal amount of Tk. 91,501/-. It is very shocking to note that the judgment debtor (husband) on the pretext of compromise took the decree holder (wife) i..

Category: Limitation Law | Date: | Hits: 147

Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)

....-General, S. Rashed Jahangir, Additional Attorney-General, Md. Eramul Hoque, Additional Attorney-General, Pratikar Chakma, Assistant Attorney-General, Ms. Purabi Sana, Assistant Attorney-General and Khandaker Diliruzzaman, Assistant Attorney-General - For the Respondents (In both the Writ Petitions)......eration of Section 3 of the 1947 Act the province of Bengal as constituted under the 1935 Act ceased to exist, and two new provinces known as East Bengal and West Bengal were constituted. It is to be noted that in the First Schedule to the 1947 Act, which provisionally included the Bengal districts ..

Category: Constitutional Law | Date: | Hits: 314

Jewel Vs. State, 2005, 34 CLC (HCD)

....nnan (P.W.6), Constable Harunur Rashid, Constable Abdul Baten (P.W.5) went on emergency patrol duty, at about 12.30 A.M. they received on information to the effect that 15/20 persons being armed with hand bomb and other weapons were taking preparation for committing cognizable offence at Wise ghat a....... 1908 and he is acquitted of the charge. Send down the lower Court's records at once with a copy of the Judgment for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 310. ..

Category: Criminal Law | Date: | Hits: 85

Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)

....itioner and as such the Judgment and order dated 29.01.2004 passed by the special Tribunal No.6 should be quashed. 10. Mr. S.M. Shahjahan Kabir, the learned Assistant Attorney General on the other hand submits that the prosecution has proved its case against the accused petitioner by the evidence......le thus fails. In the result the rule is discharged. Let the LCR be sent down immediate­ly. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ..

Category: Criminal Law | Date: | Hits: 99

Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)

....his argument the learned Advocate for the petitioner refers to the case of Shahera Khatun Vs. State, 6 BLC (2001) 604. 6. Dr. Md. Bashir Ullah, the learned Assistant Attorney-General, on the other hand, submits that police has unfettered right to conduct further investigation whenever new facts a......, District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ..

Category: Criminal Law | Date: | Hits: 84

Md. Habibur Rahman Chowdhury Vs. State and anoth­er, 2010, 39 CLC (HCD)

....e the accused-petitioner did not pay the amount of the afore­said cheques. Thus the opposite party No.2 filed the case on 15.01.2007. 3. The learned Chief Metropolitan Magistrate, Dhaka examined Chandi Das Bhowmik, a representative of the opposite party No.2 under section 200 of the Code of Crim......pany, M/S. M.S. Refinery Ltd. need not be made accused in the case pursuant to section 140(1) of the Act. 12. "Negotiable Instrument" has been defined in section 13 of the Act meaning a promissory note, bill of exchange or cheque payable either to or to bearer. Section 6 of the Act (defines "Cheq..

Category: Criminal Law | Date: | Hits: 138

Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)

....pellant-oppositeparties (Contesting-Defendant No. 3) 2. Harun Kha. 3. KhokonKha sons of late Raja Kha, Piorjpur Town, Police Station and District-Pirojpur. 4. Bina Begum wife of Abdul Hakim Khandaker of Pirojpur Town, Police Station and District- Pirojpur. 5. Mina Begum, wife of Kawsar A......side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ..

Category: Property Law | Date: | Hits: 119

Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....rd No.55. 14. Before withdrawal of additional charge to perform as Nikah Registrar, the petitioner was not entitled to any show cause notice or being heard in person. The petitioner in the case in hand was appointed as Nikah Registrar for Ward No.53 purely on temporary basis in addition to his ow......ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ..

Category: Civil Law | Date: | Hits: 130

Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)

.... disclosed and there is no substantive proof to treat the MoU as a tangible property since it has never been exposed to any valuation either through any usage, or by any other means; and on the other hand its owner is the Bank, not any individual, as such, complainant-opposite-party No.2's claim as ......rder passed in this case stands vacated. Let a copy of this Judgment and Order be trans­mitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ..

Category: Criminal Law | Date: | Hits: 100

AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)

....Ahmed Md. Vs. State and another, 49 DLR (AD) 64 = 1997 BLD (AD) 123; Md. Sami Ullah Khan Vs. The State (1963) 15 DLR (SC) 150; Feroj Khan Vs. Captain Golam Nabi, (1966) 18 DLR (SC) 289; Abdur Rashid Khandaker Vs. Chandu Master, (1964) 16 DLR (SC) 505; State Vs. Khandaker Md. Moniruzzaman, BLT (AD) 9......ina Begum cannot be encouraged allowing to proceed her case under section 138 of the Negotiable Instruments Act. The Negotiable Instruments Act was enacted for the holy purpose relating to promissory notes, bill of exchange and cheques. But this law has not been enacted for mate­rializing such frau..

Category: Criminal Law | Date: | Hits: 99

Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)

....s to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ......ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ..

Category: Others | Date: | Hits: 127

Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)

.... section 373 of the Succession Act as suit there by fallen into error of law and fact in passing the impugned order. 10. Mr. Md. Israfil Hossain, learned Advocate for the respondents, on the other hand, submits that, deceased died without making any body nominee of the provident fund and without ......nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ..

Category: Civil Law | Date: | Hits: 136

Sohel Monir Vs. State, 1996, 25 CLC (HCD)

....The informant noticed that the said passenger was behaving in an abnormal manner without reporting to the transit desk and looking around in search of someone. He then kept his brief‑case and other hand baggage on the floor and went up to the first floor through the stair‑case. The informant fol......ing accused states or in English which is the Court language, 364 Cr.P.C. Referring to the evidence of the recording Magistrate P.W.11, he submits that he put question in Bengali only and there is no note that he put question in Bengali or English and did not comp with all the legal formalities and,..

Category: Criminal Law | Date: | Hits: 100

Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)

.... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ......that date plaintiffs were directed to deposit the deficit Court‑fees of Taka 10.35. Thereafter on 10‑12‑77 plaintiff paid the deficit Court‑fee which also finds support from the sharistader's note dated 10‑12‑77 recorded on the 1st page of the plaint. 11. Trial Court decided the case ..

Category: Property Law | Date: | Hits: 97

State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)

....and he was apprehended by D. Mamunur Rashid and others. The other fleeing dacoit, namely condemned prisoner Emdad, was apprehended by the people and police at village Malotinagar with the revolver in hand and they were brought back to Md. Ali Hospital where the person who fired at Abdur Rashid discl......edure laid down in the Rules, that he gave sufficient time to the accused for reflexion and also cautioned him accordingly, that he explained in Bangla the question in column 5 and in that respect he noted down the reply of the accused, and on his satisfaction gave a certificate to the effect that t..

Category: Criminal Law | Date: | Hits: 131

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....is family and some officials on duty were killed by the army personnel in the early hours of 15‑8‑75. In the First Information Report 14 persons including the husband of present petitioner Major Khandker Abdur Rashid, all of whom were army officers, and some others were named as the persons who ......sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ..

Category: Criminal Law | Date: | Hits: 107