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Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....itioners which the petitioners had paid for the purpose of filing appeal before the respondent No.1. 2. The background leading to the Rule, in short, is that the petitioners are the proprietors/ partners of Banoful & Co., which is one of the leading business concern producing and marketin......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....udgment A Judicial decision is only an authority for what it actually decides. It cannot be quoted for a proposition that may seem, to follow from it. Every Judgment must be read applicable to the particular facts proved or assumed to be proved. Generality of expression that may be found cannot b......e and materials brought on record………………………….(20) The Code of Criminal Procedure, 1898 The scheme of The Code is that an Officer in charge of a Police station has to commence investigation as provided in section 156 or 157 The Code on the basis of entry of First Information ..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
.... AFM Abdur Rahman J Hashem Ali & Others……………………….Defendant-respondent-petitioners Vs. Suruj Ali & Others…………………………Plaintiff-Appellant-Opposite parties Judgment March 22, 2010. Result: The rule is made absolute. Lawyers Involve......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....as the same was wrongly recorded in their names. 3. The predecessor of the writ petitioners having come to know about the said Miscellaneous Case filed an application on 2-8-1969 for addition of party which was kept with the record. Subsequently upon an application for amendment, Satinath Banda...... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ..Category: Property Law | Date: | Hits: 115
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....formant, Wahid, went there to mitigate the same dispute at which accused Bikul gave stick blow on the head of the victim Wahed and caused injury and other accused persons also gave blows on different parts of the body of victim Wahed and they also snatched away a wrist watch, cash Taka 700/- a elect......here he succumbed to injury and that after obtaining medical certificate, the case was filed. 4. SI Md. Mahuzur Rahman of Kulaura Police station as I.O. of the case investigated the case and after investigation, he submitted charge sheet against the accused petitioner. 5. After submission of t..Category: Criminal Law | Date: | Hits: 66
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....three purposes specifically mentioned in the section which are- (a) the power is not to be resorted to if there is specific provision in the Code for the redress of the grievance of the aggrieved party and the same not be exercised as against the express bar of law engrafted in any other provisi......tion which amounts to abuse of the process of the court. It cannot be exercised by the High Court Division to hold a parallel trial, only on the basis of the statements and documents collected during investigation or inquiry for the purpose of expressing an opinion as to whether the accused concerne..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....Title Suit No.227 of 2004. The crux of the case of the respondents was that they entered into a bilateral agreement with Siemens for the aforesaid work order and since Siemens was the lead firm no tripartite agreement could be entered into in respect of the said work order. The purpose of the loan w......is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....itioners and withdrew the Title Suit from his Court. 4. In this writ petition there are several applications for vacating the order of stay as well as several affidavits-in-opposition filed by the parties. Respondent Nos. 5 and 6 contested the Rule by filing two separate affidavits-in-opposition.......re often than not, not possible to record a finding as to a disputed question of fact. The High Court should not enter into disputed question of fact nor decide any question as to title which require investigation into facts and taking of elaborate evidence.………………..(12) Conduct of wri..Category: Property Law | Date: | Hits: 69
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....visions) Ordinance, 1985, sections 10 (5) and 10 (6) Under sections 10 (5) and 10 (6) of Ordinance No. LIV of 1985, the decision made by the Court of Settlement is final and is binding on both the parties. The decision of the Court of Settlement declaring the disputed house as not being abandoned......d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ..Category: Property Law | Date: | Hits: 77
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....able for commission of murder although they were charged under section 396 of the Penal Code. If the charge of commission of dacoity fails, according to Mr. Chowdhury they may be charged on the other part of the charge, namely, commission of murder. In this case no witness has said a word as to when......ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ..Category: Criminal Law | Date: | Hits: 75
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
....Zakir Ahmed, Advocate - For the Opposite Party No.1. Criminal Revision No.437 of 1986. Judgment K M Hasan J.- The Rule was issued calling upon the Deputy Commissioner, Dhaka and the opposite party No.1 to show cause as to why the impugned proceeding in Kotwali Police Station Case No.6(2)79 ......arte decree was set aside. The said suit has been pending in the Civil Court since 1973. 3. In the meantime on the basis of the aforesaid complaint with the Kotwali Police Station the police after investigation submitted a charge sheet and the criminal case being Kotwali Police Station Case No.6(..Category: Procedural Law | Date: | Hits: 71
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....el-Begunbari lake, said the state minister for housing and public works." 4. The 15 storey building stands defying the law as a tall and odd Monumental structure to eclipse the main lake, at least partially, said citizens’ and environmental groups. 5. The State Minister, for Housing and Publ...... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....escence. 6. Against the said judgment and order passed by the trial Court the pre-emptors preferred miscellaneous appeal No.75 of 2001 before the District Judge, Brahmanbaria who after hearing the parties by his judgment and order dated 27.3.2008 allowed the appeal and thereby allowed the pre-emp......the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ..Category: Civil Law | Date: | Hits: 192
Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
....responding to GR Case No.27 of 2007, under sections 11(Ga)/30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (briefly as Ain-2000), rejecting the Naraji Petition and discharging the accused opposite party Nos.1-6 from the case should not be quashed. 2. Short facts leading to this Rule are that o......e cause of dowry. On 4-1-2007 at 7-00 P.M. and 19-1-2007 at 7-30 P.M. accused Nos.1, 2, 4, 5 and 6 beat her mercilessly for the cause of dowry at the order of accused No.3 over telephone. 3. After investigation, on 24-4-2007 Police submitted final report in favour of the accused, however in the..Category: Criminal Law | Date: | Hits: 177
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....Attorney General - For the State. Criminal Miscellaneous Case No.27343 of 2011. Judgment Siddiqur Rahman Miah J.- This Rule at the instance of Habib Khan was issued calling upon the opposite parties to show cause as to why the victim Mosammat Rokeya Oil Afroz Munmun daughter of Md. Abdul Ho......other three accused persons enticed away his sister, Mosammat Rokeya Dil Afroz Munmun, to compel her to have sexual intercourse with the accused No.1 namely Md. Arif Khan. Hence the case. 4. After investigation of the case, the police submitted the charge-sheet against the accused Md. Arif Khan o..Category: Criminal Law | Date: | Hits: 176
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....d Bepari @ Shahidullah and other………………………Appellants Vs. The State…………………….Respondent Judgment January 13, 2009. Result: The appeal is allowed in part. The fundamental and basic presumption in the administration of Criminal law and justice de......trated. 29. P.W.17, Md. Masudur Rahman, was SI of police who on 20.05.1998 he filled up the FIR form and held the inquest report of the dead body of the victim. He further deposed that the task of investigation was entrusted on him and after investigation he submitted charge sheet being No.60 dat..Category: Criminal Law | Date: | Hits: 153
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....o (worth Tk.1 billion). On 31.7.2007, Respondent No.3 (ICB) declared cash dividend @ 190% and stock dividend @ 50% for 1st ICB M.F. for the year 2006-2007. On 27.9.2007, AIMS (Respondent No.4) on its part declared cash dividend @ 10% and stock dividend @ 20% for the year 2006-2007. This encouraged t......ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ..Category: Business or Commercial Law | Date: | Hits: 462
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....t the dead body of victim Rafiqul Islam and he held the post mortem examination of the dead body at Tangail Sadar Hospital and found injuries and recorded his opinion as follows: “1) Body was partly decomposed. 2) Bloody discharge from nose. 3) Abrasion mark found on both side of neck.......ead body of the victim 3 Rafiq was lifted thereform and was identified by the informant. Thereafter FIR was lodged and it was recorded as Tangail Police Station Case No.2 dated 2.1.1994. 3. During investigation, both the accused persons, on 4.1.1994, made confessional statements under section 164..Category: Criminal Law | Date: | Hits: 170
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
....3.2008 passed by the joint district judge, 3rd Court, Dhaka in Misc. Case No.30 of 2007 under Order IX rule 13 of the Code of Civil Procedure ("the Code" for short) setting aside a decree passed ex parte in Title Suit No.724 of 1985. 2. The case, technically though, concerns nothing more than a......ay earlier granted is hereby vacated. There shall, however, be no order as to cost. 56. Before we part with the case, we wish to leave an observation that, as is borne out by records, there was an investigation earlier initiated by CID on suspicion of some foul play at the behest of land-grabbers..Category: Property Law | Date: | Hits: 149
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
....kashani, 44 DLR 335. Lawyers Involved: AKM Nazrul Islam, Advocate-for the plaintiff-petitioner. Kamal-ul-Alam, Advocate with Mir Joynal Abedin, Advocate -for the opposite parties. Civil Revision Case No.4052 of 2009. Judgment Sharif Uddin Chaklader J.-......rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ..Category: Civil Law | Date: | Hits: 195
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