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Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......ion sale under section 23 of the Public Demand Recovery Act if his interest, affected by the same. According to him as plaintiff's right was accrued after long lapse of he auction sale. So, he is not personally affected by such sale. Mr. Quayum submits that the plaintiff had no legal character to in..Category: Procedural Law | Date: | Hits: 114
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
.... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ......as recovered from Mamun. Then in presence of the Rickshaw pullar Habibur Rahman and other witnesses present the P.W.2 seized the arms after preparing a seizure list and after handing over the accused persons to the thana he lodged the First Information Report. After investigation the police submitte..Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......inquest is concerned with discovering in a given case whether the death is accidental, suicidal, homicidal or otherwise. The scope of inquest report is limited to the extent of ascertaining whether a person has died under suspicious circumstances or an unnatural death and if so what is the apparent ..Category: Criminal Law | Date: | Hits: 89
....ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
......āĻāĻ¨ā§āĻˇāĻā§āĻāĻŋāĻ āĻ¸āĻāĻ˛ āĻŦāĻŋāĻˇā§ āĻŦāĻŋāĻ§āĻŋ āĻĻā§āĻŦāĻžāĻ°āĻž āĻ¨āĻŋāĻ°ā§āĻ§āĻžāĻ°āĻŋāĻ¤ āĻšāĻāĻŦā§āĨ¤
Section 13(4) of the said Ordinance, 2008 provides that an aggrieved person may prefer an appeal against the "Judgment" passed by the Election Tribunal within 30 days be..
Category: Election Law | Date: | Hits: 600
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
.... 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. ......t cannot proceed to consider the evidence of prosecution witnessÂes in a mechanical way. The broad features of the prosecution case, the probabilities and normal course of human conduct of a prudent person are of some factors which are always kept in mind while evaluating the merits of the case and..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. ....... In such circumstances the observation of the Division Bench issuing the suoâmotu Rule about the order granting bail to the convicted Abdul Momin Sarder is not without any foundation. 6. When a person is convicted on the charge of murder under sections 302/34 of the Penal Code by the trial Cou..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. ...... about exclusive or sole possession or exclusive or sole control. The test provided by the section is not as to whom the arms belong but whether they are in the possession or under the control of the persons charged. What is contemplated by this clause is actual and physical possession and control a..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.
...... authority shall however, be always at liberty to proceed in accordance with the provisions of VAT Act to recover any amount of VAT or tax which is found to be unpaid, less-paid or evaded against any person including the petitioner.
In the result, the Rule is made absolute without however, any or..
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.
......ĻâĻâĻâĻâĻâĻâĻâĻâĻâĻâĻâĻ..(25)
When foul play is absent and fairness is not filtered and the end-result brings benefit to the State and or its citizen, issue of the locus standi of the person bringing any such action before the Court bears little importance. Locus standi need be deter..
Category: Others | Date: | Hits: 113
Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)
.... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ...... police at about 1.45 A.M reached at Bheudibi bridge under Dhamrai Police Station found some dacoits were in action to commit dacoity upon one Abdul Malek, a cloth trader. Police caught hold 3(three) person including the appellants red handed and on interrogation, the apprehended accused stated that..Category: Criminal Law | Date: | Hits: 86
Mrs. Rokeya Begum Vs. Chartered Credit CoÂoperative 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. ......e the provision of section 138 of the Negotiable Instruments act which reads as follows: "138. Dishonour of cheque for insufficiency, etc. of funds in the account.- (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another p..Category: Criminal Law | Date: | Hits: 70
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 comÂmunicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ...... Code recommending the trial of 8 accused named in the charge sheet and eventually the accused were put on trial before the Additional Sessions Judge, Cox's Bazar. The trial Court invited the accused-persons to make their answer on a charge framed under section 396 of the Penal Code. On the date of ..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......Ļ..(18) When anyone claim in his plaint that he purchased the suit property orally, he cannot assert that he got title by adverse possession as title by adverse possesÂsion is to be claimed by a person whose title is to be perfected other than by virtue of a title deed or a contract to purchase..Category: Property Law | Date: | Hits: 83
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......t Golam Mostafa was sleeping in his own ghar in the same house. At about 12 hours informant Golam Mostafa woke up at the hue and cry of his brother Jamiruddin and he went out of the ghar and saw some persons running away and his brother Jamiruddin tried to run after them but he fell down. He saw inj..Category: Criminal Law | Date: | Hits: 93
....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
......r the Statute were not brought within that exception clause to make them liable to pay VAT. His further contention is that the VAT is an indirect tax and it is paid by the customers, consumers or the persons who are receiving the services. The petitioners being the statutory agents of the Government..
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.
...... hotly contested from the side of petitioners of Civil Revision Case on placing a Counter-Affidavit raising contentions that Holder of Power of Attorney and petitioners of the Petition are fictitious persons and they are not proprietors of M/s. Chameli Glass Works and M/s. Chameli Glass Works never ..
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. ......rchased the said 2.50 acres of land from the heirs of Mamotaz Begum, and thereafter came to know of the preÂemption order and the disputed Kabala, and discovered that the Kabala was the product of impersonation showing it to have been executed by Momtaz Begum who had died on 02.09.1978, that is, be..Category: Property Law | Date: | Hits: 122
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ......ntiffs in the present Partition Suit although possession in a suit for Partition is very much material, which ought to have been decided by framing and discussing issues. He also submits that all the persons having interest of title in the suit property were not brought on record for the proper adju..Category: Procedural Law | Date: | Hits: 115
....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.
......t
January 21, 2009.
Result:
The Rule is discharged without any order as to cost.
The Constitution of Bangladesh, 1972, Articles 102 and 117
Any violation of terms and conditions of any person in the service of the Republic requires him to take recourse to the specific remedy provided ..
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. ......ated far away from the suit land and the Sub-Registrar has no jurisdiction to register the kabala of that property and the plaintiffs claimed that the deed was executed and registered by a fictitious person in the name of Abdul Majid Saial. The defendants contested the suit by filing written stat..Category: Administrative Law | Date: | Hits: 452
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