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Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ......the plaint. Thus this provision applies when it appears from the statement in the plaint that suit is barred by any law either due to limitation, res-judicata or barred by law providing ouster of the jurisdiction of the Court." 40. In the cases reported in 52 DLR (AD) 48, 13 BLD (AD) 217 a..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ......ed 13-6-2005 rejected the prayer for further investigation on the finding that on acceptance of the final report submitted in Kotwali Police Station Case No.24(8)2004, it ceased to have any jurisdiction to pass any order for further investigation. On conclusion of investigation of the subs..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....ngladesh, is directed to take necessary steps under Section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J: I agree. This Case is also Reported in: ......ngladesh, is directed to take necessary steps under Section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J: I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 27 Apr, 2014 | Hits: 6
Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)
....e do not find any substance in this appeal. Accordingly, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014)246. ......owed interest on the award amount, the High Court Division is not competent to allow any interest on the cross appeal of the said respondent and thereby the High Court Division acted beyond jurisdiction in entertaining the Cross Appeal No.5 of 2001 and allowing @ 5% per annum from the date..Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10
Ibrahim Vs. State, 2014, 43 CLC (HCD)
....m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ......g for the convict-appellant seeks to impeach the impugned judgment and order of conviction and sentence on fivefold arguments: Firstly: The learned Judge tried the case without jurisdiction inasmuch as he is not empowered under section 17 of the Ain, 1995 to try such case as t..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)
....on of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ...... Presumptive value of 30 years old documents It is true but contents of the exhibits 3 and 2 series being 30 years old are required to be proved. Learned Judge being final Court of fact has jurisdiction under section 107 of the Code of Civil Procedure to decide this law point by refer..Category: Property Law | Date: 6 Apr, 2014 | Hits: 9
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....e is directed to dispose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ......ed within ninety days from that date; and the proceedings thus revived shall continue from the stage at which they were stopped; Provided that where such Court is not in existence or has no jurisdiction to try the case for any reason the application for such revival shall be made to the Co..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266. ......s of the petitioner and other seniors who have the rights to be promoted ahead of 'their juniors, if they are not found, otherwise disqualified. 34. On point of maintainability in writ jurisdiction he submitted that Dr Nurul Islam's case, 33 DLR (AD) 201, is the first milestone ca..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3
Amirul Islam (Md.) Vs. Commissioner of Customs Chittagong and others, 2014, 43 CLC (HCD)
.... order positively. In the result, the rule is disposed of with direction as made above. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 94 ...... order positively. In the result, the rule is disposed of with direction as made above. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 94 ..Category: Fiscal/Taxation Law | Date: 5 Mar, 2014 | Hits: 8
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34. ......r aforesaid section only prescribes a disqualification of a Chairman for which he can be removed from his post; Consequently, suspending the petitioner under the said provision of law is without jurisdiction. 9. Further, it has been submitted that a Chairman of a union parishad can be susp..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
Ruksana Huq and oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)
.... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ......ocedure has provided that the procedure provided in the Code of Civil Procedure in regard to suits shall be followed, as far as it can be made applicable in all proceedings in any Court of civil jurisdiction. A succession case, in all consideration, is a proceeding in a Court of civil jurisdict..Category: Civil Law, Procedural Law | Date: 25 Feb, 2014 | Hits: 4
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
BOC Bangladesh Ltd Vs. National Board of Revenue and others, 2014, 43 CLC (AD)
....y the High Court Division is set aside. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 372 ......olding that the impugned Order No. CEVT/CASE (VAT) 5/98 dated 30-6-1998 passed by respondent No.2 and Demand Notice No. 11/Dabinama/Oxygen/98 dated 21-10-1998 were passed/issued illegally and without jurisdiction and, as such, of no legal effect. (II) The High Court Division was wrong in holding tha..Category: Fiscal/Taxation Law | Date: 19 Feb, 2014 | Hits: 5
Durnity Daman Commission Vs. Jesmin Islam and another, 2014, 43 CLC (AD)
....ated 19th January, 2014. 2. The case in question was instituted with the Ramna Police Station under section 26(2) of the Durnity Daman Commission Ain, 2004. The High Court Division exercised its discretionary power without assigning any reason whatsoever. It simply said that it found prima-faci......patory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1. ..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Durnity Daman Commission Vs. Durnity Daman Commission, 2014, 43 CLC (AD)
....ated 19th January, 2014. 2. The case in question was instituted with the Ramna Police Station under section 26(2) of the Durnity Daman Commission Ain, 2004. The High Court Division exercised its discretionary power without assigning any reason whatsoever. It simply said that it found prima-faci......used-respondent on anticipatory bail. The impugned judgment is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 1 ..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......it deems a reasonable compensation to the defendant for the expense or injury caused to him; provided that a Court shall not award, under this section, an amount exceeding the limits of its pecuniary jurisdiction. (2) An order determining any such application shall bar any suit for compens..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ......ent February 3, 2014. Result: The Petition is disposed of. Mere failure to raise objection as to the jurisdiction of a Court to hear and try a suit or a case or in other words, mere surrendering to the..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
Pannu @ Md. Pannu Mia & others Vs. State, 2014, 43 CLC (HCD)
....ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18. ......the proceeding if it appears that further investigation is required for collection of further evidence the case can be sent for further investigation. So, the learned Magistrate acted within his jurisdiction and sent the same for further investigation. It is pertinent to point out that the accu..Category: Criminal Law | Date: 3 Feb, 2014 | Hits: 2