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Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)

.... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......ad to any absurdity or ambiguity or nebulousness or vague­ness. The words used therein are clear and free from any kind of ambiguity or equivocation……………………………………(21) Cases Referred to- Inayatullah Vs. Miah Ghulam Ahmed, PLD 1984 SC 369; Abdul Quader Chowdhury Vs...

Category: Criminal Law | Date: | Hits: 81

Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)

....anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......d. Elias Hossain Mollick being dead his heirs: 1(a) Md. Bazlur Rahman and others............................Opposite parties. Judgment January 29, 2007. Result: The Rule is discharged. Cases Referred to- Md. Naimuddin Sarder @ Naimuddin Vs. Md. Abdul Kalam Biswas @ Md. Abul Kalam B..

Category: Procedural Law | Date: | Hits: 114

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......ce. This confessional statement is not only exculpatory but at the same time it speaks an unholy connection with the informant to make it a totally unreliable piece of paper………………(127) Cases Referred to- 29 DLR (SC) 211; 28 BLD (AD) 1; 2 BCR 292; 25 BCR 219; 6 BLC 402; 10 BLT (AD) ..

Category: Criminal Law | Date: | Hits: 89

S.M. Ahsan Kabir Vs. Election Appellate Tribunal (Upazilla Election Parishad) and others, 2010, 39 CLC (HCD)

....ever, without any order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 289. ......ing trial. Section 15 of the said Ordinance, 2008 authorises the Election Tribunal and the Election Appellate Tribunal to follow the procedure in disposal of the Election Case and the Election Appeal Cases as prescribed by the Rules. 9. The Election Commission in exercise of the power conferred b..

Category: Election Law | Date: | Hits: 600

Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)

.... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......y when it has proved its case by cogent and legal evidence. Suspicion howsoever high is no substitute for legal evidence and it can never form the basis of conviction………..…………..(67) Cases Referred to- Abu Taher Vs. State, 14 BLT page 68; The State Vs. Sabir Mia and others, 11 BL..

Category: Criminal Law | Date: | Hits: 84

M/s. ERRIA Shipping Pte Ltd. and another Vs. M/s. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)

....6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower Court records at once. Md. Arayes Uddin J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 176. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Appellants Vs. M/s. Lever Brothers (Bangladesh) Ltd……………………………Respondent Judgment February 11, 2009. Result: The appeal is allowed. Cases Referred to- 9 BLC (2004) 218; 11 BLC (2006) 83; 5 BLC (2000) 579; BCR 1990 (HCD) 194. L..

Category: Admiralty Law or Maritime Law | Date: | Hits: 486

State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)

....or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ..

Category: Criminal Law | Date: | Hits: 87

Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)

.... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ..

Category: Criminal Law | Date: | Hits: 92

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ......negotiation without advertisement tantamounts to denial of opportunity to others which violates the provisions of Articles 27, 31 and 40 of our Constitution………………………………(36) Cases Referred to-  Ekushe Television Ltd and others Vs. Dr. Chowdhury Mahmood Hasan and oth..

Category: Others | Date: | Hits: 113

BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)

....gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......ive the payment of the tax cannot be claimed as a matter of right. Nor such discretion could be thought to be a condition or requirement to the preference of an appeal…………….(22 & 23) Cases Referred to- Colonial Sugar Refining co. Vs. Irving, 1905 AC 369 PC; M/s. Hossein Kasam Dad..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Chairman, Bangladesh Water Development Board and others Vs. Md. Abdur Rahman and another, 2008, 37 CLC (HCD)

....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 405. ......¦â€¦â€¦.(12) The ground of maintainability of suit needs to be agitated at the earliest possible opportunity, which cannot be done in a belated revisional stage……………………….(13) Cases Referred to- 30 DLR 219; 40 DLR (AD) 45; 50 DLR (HC) 411; 40 DLR (HC) 226; 37 DLR 49; 42 DL..

Category: Employment/Service Law | Date: | Hits: 166

Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)

....rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ...... Revisional power of the court The finding of facts whether concurrent or not arrived at by the lower appellate Court is final unless it is manifestly perverse……………………..(14) Cases Referred to- Sushil Kumar Paik and another Vs. Harendra Nath Samadder and others, 8 MLR (AD..

Category: Civil Law | Date: | Hits: 94

Mrs. Rokeya Begum Vs. Chartered Credit Co­operative Ltd., 2009, 38 CLC (HCD)

....itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ...... cheques. It is a special type of law. It has supremacy over general laws. It is enacted specially for the purpose of realization of money of dishonoured cheques…………………………(25) Cases Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Ali Akkas Vs. Ena..

Category: Criminal Law | Date: | Hits: 70

Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... in the meantime, if so advised. The applications for addition of party filed by the different applicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioners Vs. Government of Bangladesh and others……………………Respondents Judgment March 21, 2010. Result: All the applications are rejected. Cases Referred to- Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh..

Category: Environmental Law | Date: | Hits: 731

State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)

....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be com­municated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......ccused at the time of occurrence but if their names were not mentioned in the FIR, ulti­mately the Court will disbelieved the evidence of such witness………………………….(51 & 57) Cases Referred to- Abdul Hakim alias Henju Vs. State, 8 BLC 362; State Vs. Rafiqullah Khan, 7 BLC..

Category: Criminal Law | Date: | Hits: 158

Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)

....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......t is 60 years uninterrupted possession….………(19) Dismissal of suit When there is a finding that suit is barred by limitation, it is enough for dismissal of the suit……………(20) Cases Referred to- Saifur Rahman Vs. Haider Shah, 19 DLR (SC) 433; Jeka Dula Vs. Bai Jivi, AIR 19..

Category: Property Law | Date: | Hits: 83

Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)

....ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ..

Category: Procedural Law | Date: | Hits: 102

Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)

....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ...... State………………………………………………………………………..Respondent Judgment January 28, 2003. Result: The Criminal Appeal No.966 of 1993 is allowed. Cases Referred to- State Vs. Lalu Mia, 39 DLR (AD) 117; Sk Shamsur Rahman @ Shamsu Vs. State, 199..

Category: Criminal Law | Date: | Hits: 93

Intertek Testing Services International Limited and others Vs. National Board of Revenue, Dhaka & others, 2003, 32 CLC (HCD)

....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ......Petitioners Vs. National Board of Revenue, Dhaka & others..............................................Respondents Judgment May 25, 2003. Result: The Rules are made absolute. Cases Referred to- Oriental Bank Corporation Vs. Henry B Wright, Appeal Cases Vol. V Privy Counci..

Category: Fiscal/Taxation Law | Date: | Hits: 119

Tabibullah and others Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 393. ......sion under the leassor in a property may be added as Party alongwith a leassor and in a proper case a party can be added even in a proceeding in Revision stage.................................(14) Cases Referred to- Parimal Majumder alias Parimal Chandra Majumder Vs. Abdul Sobhan, 39 DLR HCD 3..

Category: Property Law | Date: | Hits: 82