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Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......o satisfy us from the record that the Deputy Commissioner authorized the land acquisition officer to issue such letter or the law empower, that Land Acquisition Officer to issue such letter under the provisions of section 3 of the Ordinance the Deputy Commissioner has to say whether the property in ..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
.... though, respective rule has prescribed 2 days time to forward the FIR on lodging the FIR does not bear any substance as this is absolutely a procedural formalities and mere directory in nature not mandatory one as it does not prescribe any consequence as such failure to maintain time can not viti......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ..Category: Procedural Law | Date: | Hits: 86
Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)
....lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......us error in holding that the minor sons could not file income tax returns, and upon such erroneous view, cancelled their returns by merging them with the income of the assessed. Secondly, none of the provisions of sub-section (4), section 43 of the Ordinance applies in the cases at hand since the se..Category: Fiscal/Taxation Law | Date: | Hits: 138
Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)
.... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ......and that certain tanks are retainable as khas Appeal against the order of Mr. D.N. Chowdhury, Subordinate Judge of Zilla Noakhali, dated the 23rd of April, 1969 in Title Suit No.150 of 1967 under the provisions of section 20(2a) of the East Bengal State Acquisition and Tenancy Act. 2. Facts of th..Category: Property Law | Date: | Hits: 74
Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......cision reported in Zahur Ahmed Vs. Commissioner of Customs and others 51 DLR 206 raised a preliminary question of maintainability of the writ petition. He submits that mere allegation of violation of provisions of law cannot give rise to any cause of action for filing a writ petition when the same c..Category: Fiscal/Taxation Law | Date: | Hits: 174
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
.... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......sore) Terms and Conditions of Service Regulations, 1979 (hereinafter referred to as "Regulation") defines "punishment” which runs thus:- "11. Punishment: A teacher who commits a breach of the provisions of these regulations or who is guilty of negligence of duty, inefficiency or corruption o..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ....... In the FIR, it was mainly alleged that the petitioner transferred the imported vehicle, which was on 10.10.06 registered in the name of the petitioner as Dhaka Metro Gha-11-8263 in violation of the provisions of Clause-‘গ’and ‘ঘ’of aforesaid SRO No.266 dated-22.08.05 before expiry of f..Category: Fiscal/Taxation Law | Date: | Hits: 246
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
....(4) of the Ain. Learned Advocate, on the question of 'any stage of the proceeding' whether a case can be transferred, submits, that, there is no guideline but the provision mentioned in the Ain being mandatory, the Government can by Gazette notification transfer the case from a civil/general court t......ntment of public prosecutor, section 19 provides for accountability as regard disposal of cases and section 20 empowers the Government to frame Rule. 15. On a meticulous consideration of different provisions of the Ain it strikes our mind as to why this Ain has been promulgated. On a plain readin..Category: Procedural Law | Date: | Hits: 84
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ...... that the 10th of January 2002 was a Thursday which is a holiday of this Court and that following day i.e. Friday was a regular government holiday. In this regard the learned Advocate referred to the provisions of section 4 of the Limitation Act, 1908. Mr. Sobhan submitted that the documents (Ext-0 ..Category: Limitation Law | Date: | Hits: 174
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......d by the Artha Rin Adalat since there is a specific provision in the Ain for seeking remedy against the judgment and decree passed by the Artha Rin Adalat. The learned Advocate next, on referring the provisions of sub-section (1) to sections 28 and 48 of the Ain, 2003 submits that the execution case..Category: Civil Law | Date: | Hits: 170
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ...... from service was passed in violation of the Rules 7(5), 7(6), 10(2) and 10 (8) of the Government Servants' (Discipline and Appeal) Rules, 1985 and that the same was passed in compliance of all the provisions of law and that the recommendation made by the Enquiry Committee for inflicting punishm..Category: Labour and Industrial Law | Date: | Hits: 2706
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......ed under the provision of Section 5 of the Reforms Ordinance of 1984 (X of 1984). 34. In the appeal before the High Court Division it was argued on behalf of the plaintiff appellant that all the provisions of Land Reforms Ordinance, 1984 except section 5 unquestionable and beyond doubt relate t..Category: Criminal Law | Date: | Hits: 84
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
.... the order of acquittal passed by the Magistrate, lies under section 439A as it is barred under section 439 (5) of the Code of Criminal Procedure. 21. Whenever the High Court is satisfied that the mandatory provision of law is overlooked High Court Division exercising its discretion power under s......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
.... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds immediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......e and prove genuineness of their title deed by examining themselves as witnesses and also by bringing other witnesses, which they will get in a civil proceeding. In such a situation I hold that the provisions of section 467 of the Penal Code are not at all attracted in the facts and circumstances ..Category: Procedural Law | Date: | Hits: 111
.... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
......d. In support, he cited Osimuddin Vs. Bangladesh, 1 BLC 375 and Additional Deputy Commissioner (Revenue) Vs.AKM Latiful Karim, 1 BLC 567
28. Mr. TH Khan, learned Senior Advocate, read the relevant provisions of the Tenancy Rules, 1955 and submitted that the Settlement Officer rightly exercised hi..
Category: Property Law | Date: | Hits: 120
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....atement and makes him liable to prosecution if the statement is proved to be false hence the swearing of the statement of return of election expenses cannot be said to be mere form. Moreover, it is a mandatory requirement of the law that the statement be sworn on affidavit. In the absence of the req......re to notify subsequently received funds; and neither has complied with the mandatory requirement of law to swear the affidavit in Form XVIIE and XVIIF, at the end of the election expense return. The provisions of Article 63(1) being couched in the alternative, satisfaction of any one of clauses (a)..Category: Election Law | Date: | Hits: 300
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
.... of land". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. Ed. This Case is also Reported in:9 ADC (2012) 650. ......বস্থাপনা নীতিমালা contains the authority's guidelines for leasing out the government khas land, and the petitioner having filed his application in accordance with the provisions of the Nitimala has the right to be treated in accordance with those provisions. He sub..Category: Civil Law | Date: | Hits: 182
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
.... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ...... cast a serious doubt when allegedly the occurence took place in the middle of the night when there was no light and hence it is absurd for them to recognize the accused. He further contends that the provisions of section 342 of the Code of Criminal Procedure were not properly complied with. Lastly ..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ...... Mr. Sanowar Hossain from the allegations and charge brought against him at a meeting held on 23.9.2008. The Syndicate adopted all the steps for enquiry as noted above in accordance with the relevant provisions of law under Jahangirnagar University Act, 1973. On 21.10.2008, some unruly students of t..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ...... jurisdiction over the property of the borrower mortgaged or otherwise disposed to the Corporation as security of the loan. A bare reading of Article 27 of the Order does not leave any doubt that the provisions are made with intent to expedite realization of arrear loan from the borrowers in default..Category: Property Law | Date: | Hits: 127
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