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Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)

....ght to justify his alleged assertion during the course of trial but that cannot be any ground to quash the proceeding when the trial has already been started. Cases Referred to- Rezaul Bari Vs. Bangladesh, 16 BLC 54; Golam Sarwar Hiru Vs. State, 13 MLR (AD) 103 = 14 BLC (AD) 26. Lawyers Inv......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......ther order or Orders as to this Court may seem fit and proper. 2. Facts leading to issuance of the Rule in short are that: - One Md. Belial Hossain, acting chairman, Dupchachia Paurashava as informant lodged an FIR with Dupchachia Police Station, Bogra, alleging, inter alia, that the accused ......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ..

Category: Procedural Law | Date: | Hits: 86

Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)

....e is also Reported in: 61 DLR (HCD) (2009) 635. ...... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ......g the said suit land by paying rent to the superior landlord. During revision settlement the same land was wrongly recorded in the name of Government. Thereafter, the plaintiff filed an application before the settlement officer for correction of the said record, which was rejected. Thereafter the pl...... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ..

Category: Procedural Law | Date: | Hits: 83

Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)

....lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......ted and followed Mitakshara school of law and accordingly, filed returns at least since 1989 as per record and the income tax authorities also recognized and accepted such claim. There is also no bar for members of the family of the assessed to file returns of income for assessment………………......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)

....ere married on 24th February, 1995 at a dower amount of Taka 50,000. The couple was blessed with a son and a daughter in the said marriage, the plaintiff Nos.2 and 3. Defendant No.1 is serving in the Bangladesh Rifles. Soon after their marriage the defendant No. 1 treated the plaintiff No. 1 with cr......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. ...... by, the husband is proved, no evidence can be allowed to show that the child is not the child of the husband. The words "access" and "non-access" mean the existence or non existence of opportunities for sexual intercourse. The access between husband and wife viewed with reference to the result, nam......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)

....milla Bench) (Civil Appellate Jurisdiction) Present: Sultan Hossain Khan J Md. Abdur Rouf J Sree Sree Ananta Dev Chakra Bigrah & others……………………Appellants Vs. Bangladesh & others………………………Respondent Judgment April 20, 1983. Resul...... 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. ......ate. First Miscellaneous Appeal No.77 of 1969. Judgment Sultan Hossain Khan J.- This appeal arises out of an order passed by the learned Subordinate Judge, Noakhali rejecting an application for temporary injunction in a suit for declaration that auction sale of certain bazar was prematur...... 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

Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....ature of certiorari would always be justified even though a right of statutory appeal had not been availed of. Cases Referred to- Zahur Ahmed Vs. Commissioner of Customs and others, 51 DLR 206; Bangladesh Bank and others, Vs. Zafor Ahmed Chowdhury and another, 50 DLR (AD) 175; M.A. Hye, Md. Wa......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. ......e justified even though a right of statutory appeal had not been availed of. Cases Referred to- Zahur Ahmed Vs. Commissioner of Customs and others, 51 DLR 206; Bangladesh Bank and others, Vs. Zafor Ahmed Chowdhury and another, 50 DLR (AD) 175; M.A. Hye, Md. Wazed Ali and Mohammad Moslem Vs. TC......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

Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)

.... law declared by the Appellate Division is binding on all Courts including the High Court Division and the law declared by either Division of the Supreme Court is binding on all subordinate Courts in Bangladesh. So, the learned Additional Sessions Judge labouring under the misconception of law follo......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ......le if the order of discharge was not passed on merits. If cognizance is taken on the basis of a fresh complaint there can be no objection to the proceedings at all and in a proper case an application for revival also may amount to a fresh complaint. A naraji petition is a fresh complaint and a Magis......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ..

Category: Criminal Law | Date: | Hits: 138

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

.... 1160413, year of Manufacture-2006, Capacity-4700 CC, and country of Origin Japan by opening a letter of credit dated 21.08.05, hereinafter referred to as the vehicle. After arrival of the vehicle in Bangladesh, the petitioner got it cleared on 06.09.06 by submitting necessary shipping documents and......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......ase No.149 of 07 arising out of Kotwali P.S Case No.68 dated 30.05.07 corresponding to ACC GR Case No.40 of 2007 in the Court of Metropolitan Sessions Judge at Dhaka. 2. Petitioner is stated to be former Member of Parliament, in short, MP from the Constituency-94, (Narail-2) for the years 2001-20......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ..

Category: Fiscal/Taxation Law | Date: | Hits: 246

Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)

....umber of cases within a short span of time the judge may cause grievous fault resulting in a miscarriage of justice…………………………(17) Case Referred to- Muhibur Rahman Manik Vs. Bangladesh, 55 DLR 636; Abdul Kader Mirza Vs. Bangladesh, 56 DLR 31. Lawyers Involved: Saifudd......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......ar Tribunal Ain, 2002 was promulgated? This Ain was promulgated to ensure speedy tail so that an accused may not languish days unnecessarily behind bars or may not be hanging in the name of trial for unlimited period, this Ain was promulgated keeping in mind the provision of Article 35 of the Co......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ..

Category: Procedural Law | Date: | Hits: 84

Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)

.... any order as to costs. Cases Referred to Trans Oceanic Steamship Co. Ltd. Vs. Adamjee Insurance Co. Ltd., 46 DLR 23; Gladstone Wyllie Vs. Shahidi Trading Corporation, 10 DLR 307; Albert David (Bangladesh) Ltd. Vs. Brestern Shipping Company Ltd, 1983 BLD 3 =34 DLR 362; Karachi Steam Navigation......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. ......laintiff. M Hafizullah with Md. Al-Amin Sarker and Md. Ohiullah, Advocates — For the Defendants. Admiralty Suit No. 6 of 2002 Judgment Shamim Hasnain J.- This suit arises out of a claim for damages and compensation for a sum of Taka 6,02,37692 against the defendant vessel MV Banglar Ka......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

Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)

....otice, if any order is passed, that will be violative of the principle of natural justice and as such the order cannot stand…………………………………………(7) Case Referred to- Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 46 DLR (AD) 1. Lawyers Involved: Mahbubu......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......�.Respondents (In both to Writ Petitions) Judgment May 10, 1998. Result: The Rules are made absolute. The National Sports Council Act, 1974 (Act No. LVII of 1974), section 20A(b) Before passing the Proggapan or notice in relieving any person from his duty, or to suspend or dismiss......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ..

Category: Employment/Service Law | Date: | Hits: 100

Abdul Quader Farazi Vs. Chief Election Commissioner, Bangladesh & others, 1998, 27 CLC (HCD)

....Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Md. Abdul Aziz J Abdul Quader Farazi………………………..Petitioner Vs. Chief Election Commissioner, Bangladesh & others………………………Respondent Judgment June 28, 1998. Result......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ......cumstances the Election Commission being vested with the power to conduct the election peacefully, fairly and impartially, has the right to interfere with the election and cancel the result and order for re‑polling. ……………………………………(10) Case Referred to- 45 DLR (AD)......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ..

Category: Election Law | Date: | Hits: 591

FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)

....cree passed by the Artha Rin Adalat…………………………(10) Case Referred to- Zahirul Islam Vs. National Bank Ltd. 46 DLR (AD) 191; Gazi M Towfic Vs. Agrani Bank, 54 DLR (AD) 6; Bangladesh Agricultural Development Corporation (BADC) Vs. Artha Rin Adalat, 59 DLR (AD) 6. Lawye......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......he Artha Rin Adalat An application under Article 102 of the Constitution does not lie against the judgment and decree of the Artha Rin Adalat since there is specific provision in the statute for filing appeal against the judgment and decree passed by the Artha Rin Adalat………………�......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ..

Category: Civil Law | Date: | Hits: 170

Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)

..... ......is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......…………………(12) Whether writ petition is maintainable when there are several civil cases pending in different Courts involving the property in question. When a civil case is pending before any Court, writ petition involving the same property is not maintainable…………………�......is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ..

Category: Property Law | Date: | Hits: 107

Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)

....llow the Government Servants (Discipline and Appeal) Rules, 1985 but in that case such a Statutory Body must follow the same in full and not in part………….(17) Case Referred to- Chairman, Bangladesh Council for scientific and Industrial Research (BCSIR) and another Vs. Abdul Khaleque, 43......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. ......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. ......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

Abbas Ali and others Vs. Sharif Hossain Chowdhury and others, 2010, 39 CLC (HCD)

....nts the learned Judge declared the suit land vested in the Government. 18. If it is be true, then it required Government to file a suit for partition. It appears that some of the land was given to Bangladesh Betar. We do not understand why Government did not produce any evidence or adduce any wit......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......��……………Respondents Judgment January 31, 2010. Result: All the appeals are allowed. The declaration of the learned judge that the deeds in favour of defendants are product of forgery, collusive and not binding upon the plaintiffs, does not in any way give title to the plaint......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ..

Category: Property Law | Date: | Hits: 80

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

....nder review and thus he prays for allowing the present appeals and acquitting the appellants. 79. In this regard we may profitably refer Article 111 of the Constitution of the People's Republic of Bangladesh in the following lines: "111. The law declared by the Appellate Division shall be bind......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......ater 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 onslaught perpetrated upon any victim. Innocent persons, in......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ..

Category: Criminal Law | Date: | Hits: 85

Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)

....rom the possession of convict Moniruzzaman and Rupee 180 from the possession of convict Abbas Ali; on interrogation the convict appellants confessed that they were involved in smuggling between Bangladesh and India and they also disclosed that Anisur, Giasuddin and Rustom Ali were also involve......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......tue must prima-facie be given its ordinary meaning…………………..(41) In absence of any definition or meaning of the words 'any goods' in the law itself the 'Indian currency' or any other 'foreign currency' will not come with the meaning of the words 'any goods' as contemplated in sub-sec......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..

Category: Criminal Law | Date: | Hits: 84

AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)

.... Division (Dhaka) (Criminal Miscellaneous Jurisdiction) Present: Latifur Rahman J AM Mahmudur Rahman J AKM Azizul Haque.......................Petitioner Vs. The Govt. of Bangladesh..............Opposite Party Judgment July 10, 1989. Result: This Rule is ma...... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ...... Judgment July 10, 1989. Result: This Rule is made absolute. The Special Powers Act, 1974 (XIV of 1974); Section 2 (f) and 3 Presence of a specific criminal case against the detenu for detention When there is a specific case against the detenue and the same is the subject mat...... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ..

Category: Criminal Law | Date: | Hits: 66

Romisa Khanam Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....risdiction) Present: MA Rashid J Md. Ashfaqul Islam J Romisa Khanam …………………Petitioners Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others ……………………………Respondents Judgment May 20, 2008. R...... 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. ......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 sons and daughters of one Abdul Khal...... 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. ..

Category: Property Law | Date: | Hits: 120

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