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....any Rule or Regulation of the examination. It is further stated that the petitioners were not asked to appear before the inquiry committee disciplinary board and, as such, the specific allegation nor particulars of the complaint were known to them as no specific report or particular of the basis of ......to them as no specific report or particular of the basis of such allegation was supplied and the petitioners could not say any thing except denying the charge as they did. It is stated that no proper investigation/inquiry as required by the Ordinance and the Rules has been held, no opportunities of ..
Category: Constitutional Law | Date: | Hits: 300
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
....h and others……………………………….Opposite‑Parties Judgment June 9, 1998. Result: The Rule is made absolute. The Penal Code, 1860 (XLV of 1860), section 148 If both parties are found to have committed offence under section 148 of the Penal Code none of those is ent......t the occurrence. All the three victims were then removed to the hospital for treatment where victim Shafiqur Rahman died on 19‑2‑95 at 11‑00 PM. On the next day informant lodged the FIR. After investigation police submitted charge‑sheet against the accused opposite‑parties under sections ..Category: Criminal Law | Date: | Hits: 75
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....ution witnesses expressed their ignorance about the incident itself. 11. According to Mr. Khan, even the deposition of P.W.1, the informant, also does not support the FIR version in all material particulars; rather, it is full of inconsistencies. Mr. Khan submits that although the informant sta......1-2003 under section 385/387 of the Penal Code and filled up the FIR column, which he identified as Exhibit 4 and his signature thereon as Exhibit 4(a). 38. P.W.8 further deposed that he took up investigation, visited the place of occurrence and prepared the sketch map and index, which he ident..Category: Criminal Law | Date: | Hits: 62
....identiary value under the Evidence Act, 1872. …………………(10)
Without permission to move the application on the basis of the Photostat document and to obtain rule is a misconduct on the part of an Advocate…………………………(9)
Lawyers Involved:
Abul Kalam Mainuddin, ......es of the case, we do not find any substance in the instant Rule.
The Rule is therefore, discharged without any order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 373.
..
Category: Property Law | Date: | Hits: 73
Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)
.... Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 46 DLR (HCD) 136. Lawyers Involved: Sk. Abdullah, Advocate - For the petitioners. Md. Shamsul Huq, Advocate - For the opposite party Nos. 1-10, 12-17,21-24, 26-31 and 33-36. Civil Revision No. 4301 of 1997. Judgment......No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ..Category: Property Law | Date: | Hits: 96
....n intention of ulterior or collateral purpose…………………………(34)
Cases Referred to-
Habibullah Khan Vs. Shah Azharuddin, 3 BLD (AD) 1423; R Vs. Secretary of State for the Home Department, 1984 1 All, Er 799; Faridsons Ltd. Vs. Pakistan, 1960 3 DLR (SC) 233; Ridge Vs. Baldwin, 1......t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
..
Category: Administrative Law | Date: | Hits: 299
....was issued at the instance of the defendant Sree Sree Moha Parbhu and Sree Sree Gopal Jew Deities represented Sri Anil Chandra Nath Secretary, Executive Committee, calling upon the plaintiff opposite party to show cause as to why the impugned judgment dated 7.8.1997 and 10.8.1997 respectively passed...... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
..
Category: Property Law | Date: | Hits: 102
Rafiqul Islam Vs. State, 2009, 38 CLC (HCD)
....ion (Criminal) Present: Md. Abdul Wahhab Miah J Md. Delwar Hossain J Rafiqul Islam……………………..Accused-petitioner Vs. The State………………………..Opposite party Judgment February 9, 2009. Result: The Rule is made absolute. The accused-peti......not encashed as those were forged. Upon receipt of the ejahar police started Gulshan Police Station Case No.54 dated 29.11.2006 under section 420/467/468/471/506 of the Penal Code. 3. Police after investigation submitted charge sheet being No.151 dated 30.4.2007 under section 420/406/467/468/471/..Category: Criminal Law | Date: | Hits: 88
Md. Taimur Rahman alias Toibur Vs. State, 2010, 39 CLC (HCD)
....urt Division (Criminal) Present: AFM Ali Asgar J AKM Asaduzzaman J Md. Taimur Rahman alias Toibur……………………Petitioner Vs. The State……………………Opposite party Judgment August 23, 2010. Result: The rule is made absolute. When there is a f......dical College Hospital wherein he succumbed at 11.30 A.M on 27.3.2009. 3. In view of the said FIR on 28.3.09 the case was started against the accused persons including the petitioner. 4. After investigation police submitted a charge sheet on 8.7.09 against the petitioner and others under sect..Category: Criminal Law | Date: | Hits: 87
Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)
....f illegal arms and ammunition prosecution examined 7 witnesses while the defence examined none. Let us scrutinize the testimony of P.Ws. 12. P.W.1 S.I. Kamruzzaman Talukder was a member of raiding party and the police force caught absconding accused Mirza alias Mizan from behind Chunkutia Girls H......formant. The informant prepared a seizure list of recovered arms and ammunition and took the signature of the witnesses and thereafter lodged F.I.R. with Keranignaj Police Station. 3. Police after investigation submitted charge sheet against-accused Mirza alias Mizan and Md. Abdul Matin under sec..Category: Criminal Law | Date: | Hits: 65
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
....hers………………. Opposite Parties Judgment December 17, 2008. Result: These Rules are discharged without any order as to costs. Specific performance of contract Where a party seeks to enforce specific performance of contract, the Court must be satisfied that there is a...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... No.2357, an area measuring 6.30 acres is the khas land of the Government. On 3-4-2008, the officials of DCC went to the location and demarcated the area by hoisting red flags at four points covering partial Kacha Bazar and partial Iron and Steel Market. Only 5.0102 acres of land have been proposed ......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
.... The Mussalman Wakf Validating Act, 1913 (Act No.VI of 1913); section 3 Private wakf is valid under some strict limitations The extreme view that a private wakf is in no case valid was later departed from and a wakf for the benefit of the settlor's descendants i.e., wakf-al-al aulad may now......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
....alizations under VAT Act as well and section 6(1) is only playability and not imposition or levy of the VAT. There is a clear distinction between charging provisions of a statue and the machinery part thereof and it is also well settled principle that mode and manner of recovery does not alter....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....of the following grounds:— (i) Reasonable apprehension in the mind of the litigant that he may notget justice in the Court where the suit is pending; (ii) Where the judge is interested to one party; (iii) Where the judge is prejudiced against the party; (iv) To avoid multiplicity of pr......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ..Category: Procedural Law | Date: | Hits: 179
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
.... Admiralty Suit No. 40 of 2010. Judgment AFM Abdur Rahman J.- In pursuance of the direction given by this Court to the defendant to satisfy this Court that the principal defendant opposite parties are not under obligation to furnish security in order to protect the interest of the plainti......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....s stated in the petition are that the petitioner is the owner of the homestead land measuring 0.20 acres where he was living with his family members and also has been running a tea stall in the small part of it. He filled up a ditch of about 25 x 30 feel by collecting earth from various places and e......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. ..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....Miscellaneous Case No. 20257 of 2001. Judgment Md. Mozibur Rahman Mia J.- On an application under section 561A of the Code of Criminal Procedure this Rule was issued calling upon the opposite party to show cause as to why the proceeding of Special Case No.04 of 2008 arising out of Dupchachia......further submits that the Investigating Officer was not appointed in terms of the provision of section 20(2) of the Anti-Corruption Commission Act, 2004 by way of Gazette Notification, so the entire investigation by an unauthorized officer is totally unlawful for which the proceeding as initiated..Category: Procedural Law | Date: | Hits: 86
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
....his provision to be legitimate………………………………..(12) There is a presumption that every person is legitimate and there is presumption that a person is that legitimate issue of a particular person, unless a foundation for it is laid under section 112. But once the validity of th......y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ..Category: Family Law | Date: | Hits: 114
Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)
....akra Bigrah & others……………………Appellants Vs. Bangladesh & others………………………Respondent Judgment April 20, 1983. Result: The appeal is allowed in part. The State Acquisition and Tenancy Act, 1950 (East Bengal Act No. XXVIII of 1951); section ...... 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. ..Category: Property Law | Date: | Hits: 74
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