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Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....tional Board of Revenue, represented by its Chairman, Rajashwa Bhaban, Segunbagicha, Dhaka-1000 and others……..Respondent Judgment March 8, 2010. Result: The Rule is made absolute-in-part. When an order passed by some authority suffers from an illegality which is apparent on the......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 174
Salam Mollick (Md.) Vs. State, 1996, 25 CLC (HCD)
.... State……………………Opposite Parties Judgment January 18, 1996. Result: The Rule is discharged. Appearance in the Court through a Lawyer Considering the hardship on the part of female accused to appear regularly in the Court at a distant place, the Magistrate may consi...... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ..Category: Procedural Law | Date: | Hits: 120
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....ints on which he is silent, or on which there may be doubt. If he finds that there is no prima facie reason to distrust and the facts constitute an offence under the law, it would be incumbent on the part of the learned Magistrate to issue process…………………………..(4) Cases Referre......der sections 147/447/379/342/323 BPC were started for the same occurrence and the former is counter to the latter one. Ultimately, SI Saidul Haque investigated both the cases. After the completion of investigation the police submitted charge sheet in the petitioners case i.e. case No.8 (11)78 and su..Category: Criminal Law | Date: | Hits: 138
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
.... (Civil) Present: Shahidul Islam J Razia Khanam…………………………Plaintiff-Petitioner Vs. Md. Shamuzzoha Khan & Others…………………………Defendant-Opposite party Judgment May 13, 2007. Result: The rule is discharged. Cases Referred to- A...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
.... Court dated 26.11.07, it is stated that further proceeding of the case was stayed until disposal of the above Rule. 15. Mr. Rafiq-ul Huq, learned Senior Advocate took us through the writ petition particularly the FIR and other orders passed by the Special Judge and submitted that after the payme......out paying customs duty and other charges with the help of four other accused. The Chairman of the Bank through which the letter of credit was opened by the petitioner was also made an accused. After investigation, the respondent No.6, Assistant Director submitted charge sheet on 04.11.07 against th..Category: Fiscal/Taxation Law | Date: | Hits: 246
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
.... transferring the cases to Druta Bichar Tribunal. Public interest means an act for benefit of general public i.e. it is for the interest of the mankind and also to the interest of the nation. This is particularly the guideline for transferring the case to the tribunal. In the categories of cases i.e......004 at about 8-15 PM, while the full brother of the informant, deceased, Ayub Khan, with his cousin's husband, Babul was returning home, was done to death by the accused petitioners. This case, after investigation, was sent for trial and thereafter, as per order of the Government, the trial was shif..Category: Procedural Law | Date: | Hits: 84
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
.... which consisted of reconditioned secondhand tractors, vans chassis with cabins, reefer vans and trailers, semi trailers, a portable compressor, a sand blasting machine and certain used and new spare parts. The owner of the defendant No.1 vessel is the Bangladesh Shipping Corporation, the defendant ......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ..Category: Limitation Law | Date: | Hits: 174
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
....ions namely, Faridsons Ltd. Vs. Government of Pakistan reported in 13 DLR (SC) 233 and Nawabkhan Abbaskhan Vs. State of Gujrat reported in AIR 1974 (SC) 1471 mooted out the age old maxim Audi altered partum on the circumstances as stated above and argued that without giving any opportunity of hearin......o. 6312 of 2007. Judgment Md. Ashfaqul Islam J. - In an application under Article 102 of the Constitution this Rule was issued calling upon the respondents to show cause as to why the purported investigation report of the respondent No. 3 and cancellation of the mutation cases being Mutation C..Category: Property Law | Date: | Hits: 107
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....uiry Committee had no authority to recommend any punishment and they will only inquire into the allegations/charges and shall give findings whether the accused is guilty or not on each charge. In a departmental proceeding the role of the Inquiry Officer or the Inquiry Committee is only to help the "......ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ..Category: Labour and Industrial Law | Date: | Hits: 2706
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
.... to be remembered, that the graver the charge the greater is the standard of proof required……………………..(36) Though sad yet it is a fact that in our country there is a tendency on the part of people to rope in as many people as possible for facing trial in respect of murderous onslau......he informant party went to the beel of Baowania and recovered the victim in critical condition and took him to the Orthopedic Hospital at Sher-e-Bangla Nagar, Dhaka. 3. SI Abdur Rashid took up the investigation, visited the place of occurrence, arranged to record the dying declaration of the vict..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
.... short, is that the informant P.W.1, Md. Joad Miah along with other police personal on 6-10-1990 at about 11-30 AM from village Telipara arrested the present convict-appellants and then the informant party made search on their respective bodies in presence of witnesses Md. Abul Kamal Azad, Dr. Solai......্রহনের form এর সংশ্লিষ্ট column আমি সেই ভাবে পূরন করেছি। 22. P.W.9 is the investigating officer who deposed supporting his investigation. In-cross-examination he stated that; “আসামীদের দেহের ..Category: Criminal Law | Date: | Hits: 84
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
.... as such the question of forging the document does not arise at all. 5. This case was first registered before the Magistrate as T.R. Case No.61 of 1979 and the learned Magistrate after hearing the parties and perusing the materials on record passed an order on 18.9.79 and dismissed the case hol...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds immediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ..Category: Procedural Law | Date: | Hits: 111
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....mptors-Respondents-Opposite-Parties Judgment August 8, 2010. Result: The Rule is discharged. The Code of Civil Procedure, 1908(Act No. V of 1908); Order XLI rule 27 When to allow a party to adduce additional evidence The question of allowing a party to adduce additional evidenc......Rashid next submitted that the pre-emptee-appellant-petitioner in order to discharge his liability to prove the existence of the road in between the pre-emptors land and the transferred land caused investigation by the Advocate Commissioner who upon surveying the land locally, submitted his report..Category: Property Law | Date: | Hits: 88
.... the issues raised are the same, we heard them together and now dispose of them by this common order. We also think, the facts of one case would be sufficient to understand the issue (s) at which the parties are at variance and call for decision.
3. In Writ Petition No. 2678 of 2005, wife and son...... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
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Category: Property Law | Date: | Hits: 120
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....ed against was done by one of the accused persons in furtherance of the common intention of all, Mahbub Shah Vs. Emperor AIR 1945 PC 118. We have already discussed the relevant evidence on the point, particularly the evidence of P.Ws.3, 4, 5, 9, 11 and 15. Common intention implies acting in concert ......7 and he was asked to go there. Accordingly this witness went there and picked up injured Panna and took him to 250‑bed hospital in Khulna. This witness subsequently being assigned with the duty of investigation visited the place of occurrence, prepared the sketch map with index and seized alamats..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....ndidature on 6‑09-2001; and the date for holding polls on 1‑10‑2001. For the electoral Constituency No.129 Pirojpur‑1, there were 7 candidates one independent and 6 nominated from political parties, including Sudhangshu Shekhor Halder, the nominee from the Awami League with the symbol of B...... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ..Category: Election Law | Date: | Hits: 300
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....d enjoyment of the house. It is enough if the house or its appurtenances are used for the use and accommodation of the servants, officers or guest of the family. . . the tanks and their banks do form part of the undivided dwelling house and the tanks are very much necessary for the convenient use an......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ..Category: Property Law | Date: | Hits: 132
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
.... of the Code of Criminal Procedure is directed against the Judgment and order dated 01.12.2008 passed by the learned Sessions Judge, Lakshmipur in Criminal Appeal No.37 of 2008 allowing the appeal in part and dismissing the same in respect of the appellant-petitioner and affirming the Judgment and o......impur Thana Sadar Hospital. As the informant was admitted into hospital there was a delay in lodging the FIR. The informant lodged the FIR on 14.10.2003 with Lakshimpur Police Station. Police started investigation of the case and after investigation a prima-facie case was found and charge sheet was ..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....….Respondents Judgment May 14, 17, 2009. Result: The Rule is made absolute. The Evidence Act, 1872 (Act No. I of 1872), section 134 Section 134 of the Evidence Act requires no particular number of witnesses for proof of any fact. Therefore, the evidence of the victims and wit...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....rdity…………………(13) When a question of law as important as one relatable to the question of jurisdiction is raised there is no scope for sidestepping the same, even if the motive of the party is bad. Since a decision of the superior Court as well as particular provisions of law were re......ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ..Category: Property Law | Date: | Hits: 127
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