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Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ...... The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......resaid promotion was made have been called in question as ultra vires having been made without complying with Article 116 of the constitution. 2. The petitioner has also prayed for mandamus in the nature of direction on the respondents, to quote from the Prayer Portion of the writ petition, “to..Category: Employment/Service Law | Date: | Hits: 173
....nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
...... Revenue Authority.
Provided that such a certificate shall be subject to revisions by the said Revenue Authority at as such intervals as may be fixed in this behalf by the Government.”
4. The nature of the privilege that has been granted by such certificate can be judged by the provision of ..
Category: Procedural Law | Date: | Hits: 68
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56........ Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......ntends that this income is not income from property to be assessed under section 9. Of course, there may be cases, though very rare in this country, where sub-letting of house properties may take the nature of business or trading operation. An example of such a business is found in the case of S.G. ..Category: Fiscal/Taxation Law | Date: | Hits: 88
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......bate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......peal. 42. When the appeal is pending before the Appellate Division from the judgment of the High Court Division the judgment cannot be treated as “a transaction past and closed.” To show the nature and character of the finality of the judgment of the High Court Division from which appeal is..Category: Constitutional Law | Date: | Hits: 181
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......neous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......rt, if satisfied, that such grounds are well founded may make an order setting aside the decree "as against him". There is a proviso added to the rule, under which, where the decree is of such a nature that it cannot be set aside as against such defendants only, it may be set aside against all..Category: Procedural Law | Date: | Hits: 80
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......ported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......believes it to exist; and it is obvious that the belief of the Court in existence of a given fact ought to proceed upon grounds, altogether independent of the relation of the fact to the object and nature of the proceeding in which its existence is to be determined. Judicial decisions must proceed..Category: Tenancy Law | Date: | Hits: 210
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
.... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ......Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ......n of CCCI the petitioner cannot avail remedy in the court of law. 20. The Writ Petition is also not maintainable because of so many disputed questions of fact relating to notice, membership and signatures, which cannot be resolved without adducing oral and expert evidence. 21. It is further ar..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......sity is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......all the candidates of the Government-backed ‘Ganatantrik Oikya Panel’ were elected. 7. The impugned notification declaring the election results was shown to be issued on 18-6-1999 under the signature of the Vice-Chancellor, respondent No.2. But the respondent Nos. 1 and 2 declared the electio..Category: Election Law | Date: | Hits: 105
Ershad Vs. State, 2011, 40 CLC (HCD)
....ncel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......s in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... Judicial Magistrate, Sylhet. 2. Prosecution case in short is that one Md. Joynal Abedin lodged an FIR with the local police station alleging, inter alia, that the accused persons are terrorist in nature. On 21.6.2010 the accused persons have cutted away the trees and after Juma Namaz while they ..Category: Criminal Law | Date: | Hits: 53
State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)
....e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ......ransferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ......ls and larynx and esophagus. viii. One incised injury over formatal region 2” x ½” x scalp. 17. Death in his opinion was due to hemorrhage and shock which were ante-mortem and homicidal in nature. This witness was not cross-examined by the State defence lawyer as he was found absent in Co..Category: Criminal Law | Date: | Hits: 62
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......late Hazi Md. Abed Ali of Village-Technoadda, Post office- Poshi Bazar, Police Station-Rupgonj, District-Narayangonj…....................Petitioner Vs. 1. Noor Mohammad, Son of late Safaruddin alias Safaruddin 2. Samala Bibi, wife of late Safaruddin alias Safaruddin of Village-Goalpara...... plaintiff. 4. Defendant Nos.1 and 2 contested the suit by filing written statement jointly on 15.3.2000. The said written statement was signed by both the Defendant No.1 Noor Mohammad through signature and his mother the Defendant No.2 through putting L.T.I. It has been asserted in the written ..Category: Property Law | Date: | Hits: 74
Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)
.... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317. ......nt No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317. ......y school and all its assets and property, including lands, buildings and funds and all other rights and interests in, or arising out of, such property, and all records and other documents of whatever nature relating thereto, shall stand transferred to, and vested in the Government; (b). all teach..Category: Employment/Service Law | Date: | Hits: 70
Abul Kalam Vs. State, 2011, 40 CLC (HCD)
....the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ould, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......d body. In his deposition he gave detailed descriptions of the injuries and stated that the death of the victim was due to asphyxia and apoplexy from throttling, which was antemortem and homicidal in nature. He proved the post mortem report as exhibit-2 and his signature thereon as exhibit-2/1. P.W...Category: Criminal Law | Date: | Hits: 58
Ekhlasur Rahman Vs. State, 2011, 40 CLC (HCD)
....ion report of the case, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......he time of their conjugal life and the death of victim Akikiunness is a mere accidental one and the doctor on examining the death of Akikunnessa opined that the death of Akikunnessa was accidental in nature and there is no certainty as to when the trial will be concluded, in that view of the matter ..Category: Criminal Law | Date: | Hits: 61
Md. Hukum Ali Mollah Vs. State, 2011, 40 CLC (HCD)
....ioner in this case save and except the confession of the petitioner there is nothing to implicate him in the so-called incident but on perusal of the confessional statement it will appear that it was exculpatory in nature and petitioner has got fair chance of acquittal in this case and the co-accuse...... misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......ase save and except the confession of the petitioner there is nothing to implicate him in the so-called incident but on perusal of the confessional statement it will appear that it was exculpatory in nature and petitioner has got fair chance of acquittal in this case and the co-accused Samir Kumar S..Category: Criminal Law | Date: | Hits: 66
Md. Zamal Hossain alias Nata Zamal alias Zamal Vs. State, 2011, 40 CLC (HCD)
....ule. 4. The learned advocate appearing for the petitioner submits that the petitioner is in custody since 21.6.2008. On perusal of the confessional statement it will appear that the confession is exculpatory in nature and the appellant has got fair chance of acquittal in this case. He further su...... misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... learned advocate appearing for the petitioner submits that the petitioner is in custody since 21.6.2008. On perusal of the confessional statement it will appear that the confession is exculpatory in nature and the appellant has got fair chance of acquittal in this case. He further submits that alth..Category: Criminal Law | Date: | Hits: 59
Amir Sohel Miah Vs. State, 2011, 40 CLC (HCD)
....nal statement there is no iota of evidence against the petitioner and none of the P.Ws have disclosed the name of the petitioner and on perusal of the confessional statement it will appear that it is exculpatory in nature and nowhere the petitioner has shown his involvement in the alleged occurrence...... misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......here is no iota of evidence against the petitioner and none of the P.Ws have disclosed the name of the petitioner and on perusal of the confessional statement it will appear that it is exculpatory in nature and nowhere the petitioner has shown his involvement in the alleged occurrence, in that view ..Category: Criminal Law | Date: | Hits: 48
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
.... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......Jurisdiction) Present: AFM Abdur Rahman J 1. Mohammad Ali, son of late Sebu Miah 2. Ambia Khatun, Wife of Mohammad Ali, both of village Pachdona, P.S. Keranigonj, District Dhaka……..Plaintiff-Respondent-Petitioners Vs. Noor Mohammad, Son of Late Kafiluddin of village-Nababercha...... land is situated at northern portion of C.S. and S.A. Plot No.756 out of 1.23 acres of land. Against such amendment the defendant filed additional written statement stating that by the amendment the nature and character of the suit has been changed. The defendant did not violate any injunction orde..Category: Property Law | Date: | Hits: 62
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
....oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ...... petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ......facts and circumstance of the cases as recorded in the judgments that each of the respondent No.2 although employed as temporary worker they worked for years together and their work were of permanent nature. They were posted at different times to various godowns of the present petitioner. The salary..Category: Labour and Industrial Law | Date: | Hits: 140
Mujibur Rahman Pathan and another Vs. State, 2011, 40 CLC (HCD)
.... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......e time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... persons would be held guilty for commission of offence under section 11 (Kha)/30 of the Ain. In course of trial, if it is found that the injury/hurt allegedly inflicted upon the victim was of simple nature, the charge can be altered at any point of time, and whether the appellants or any of them ha..Category: Criminal Law | Date: | Hits: 55
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