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Mabasir Ali alias Md. Mabassir Ali and another Vs. State, 1970, 1 CLC (HCD)
....; There is an endorsement marked Ext.l (1) to his petition to the effect: "Received today at 06.00 hours through one Shahid of Kandigram, PS Kotwali, District Sylhet and started Case No. 29 dated 24.1.66 under section 302 PPC." It appears that on this memo the first Information report......l points. 8. We have already noted the circumstances under which the information was lodged. It has been seen that the names of the accused persons were not disclosed in Ext. 1. It has also been noticed that the main person alleged to have recognised the murderers, according to the statements i......majority opinion of the assessors in respect of the two appellants convicted them of the offence under sections 148 and 302/149 of the Pakistan Penal Code and sentenced each of them to transportation for life. The learned Additional Sessions Judge agreeing with the unanimous opinion of the assessors..Category: Criminal Law | Date: 7 Aug, 1970 | Hits: 50
....h are denied by the petitioner as such the same being disputed questions of fact are not required to be stated for the disposal of this Rule.
6. It appears from the record that pursuant to order dated 26-11-2012 the Divisional Commissioner, Sylhet upon investigating the matter prepared a report......d be imposed upon using shoes, caps and umbrellas during the Ashura period. No such restriction has ever been made upon any person in respect of using shoes, caps and umbrellas nor any such signboard/notice has been issued by the local administration while passing through the said area. Rather the p......be declared to be without lawful authority and of no legal effect and further to show cause as to why the respondents should not be directed to take appropriate legal action against those responsible for putting up such Notice/Signboard and, thereby stop creating obstruction to the regular movement ..
Category: Property Law | Date: | Hits: 0
....titution, the petitioner has challenged the legality of the notices under Nathi Nos.পরে-১(৩২)/কঅ-৪(চট্ট)/১২০ধারা/২০১৩-২০১৪/২৭৮ dated 26.11.2013 (Annexure-B to the writ petition) and dated 12.12.2013 (Annexure-C to th......ents
Writ Petition No. 1481 of 2014
Judgment
Zinat Ara J.—In this writ petition under article 102 of the Constitution, the petitioner has challenged the legality of the notices under Nathi Nos.পরে-১(৩২)/কঅ-৪(চট্ট)/১২০ধারা/২০......hellip;.Respondents
Judgment
April 5, 2015
Result:
The Rule is made absolute.
Income Tax Ordinance (XXXVI of 1984)
Section 120
IACT is empowered to call for the record of any proceeding from the DCT and examine the same under section 120 of th..
Category: Fiscal/Taxation Law | Date: | Hits: 0
Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....mad Azad, Advocate—For the respondent No. 1 First Miscellaneous Appeal No.165 of 2011. Judgment Sheikh Abdul AwaK J.— This appeal is directed against the judgment and order dated 28.5.2005 passed by the learned Joint District Judge, 2nd Court (in-charge), Gazipur in Miscel......nge in order to defeat the right of preemption of the petitioner. The pre-emptor is a co-sharer of the case holding and the preemptee opposite party Nos.1 and 2 are stranger to the case land. No notice of transfer was served on him, the pre-emptor needs more land and hence, the case. 3. Th......28.5.2005 passed by the learned Joint District Judge, 2nd Court (in-charge), Gazipur in Miscellaneous Case No.6 of 2004 rejecting the Misc. Case under Order 41, Rule 19 of the Code of Civil Procedure for re-admission of the appeal. 2. The relevant facts leading to the filling of the above appea..Category: Civil Law, Procedural Law | Date: | Hits: 2
AKM Fazlul Haq and anothers Vs. People’s Republic of Bangladesh and others, 2010, 39 CLC (HCD)
....n their respective posts in accordance with the provision of Regulation 5 of the Service Regulation of the Teachers of Private Decree College, 1994. 4. The list of the petitioners and their date of appointment in the respective Colleges are as follows: ......for granting the Government portion of the salary in the form of MPO to them. However, till date, their representations have remained unanswered. 8. Ultimately, the petitioners sent a legal notice (Notice Demanding Justice) to the respondents for payment of the MPO to them within ten ......n same category/class are to be treated equally and any discrimination between the same group or class is liable to be struck down as being violative of the Constitution. Equality of opportunity for the citizens in public employment connotes that persons placed in the same class or category are..Category: Administrative Law, Employment/Service Law | Date: | Hits: 5
Moklesur Rahman & others Vs. State & others, 1983, 12 CLC (HCD)
....hmed, D.A.G. with Md. Mokhter Hossain—For the State (Opposite party). Criminal Revision No. 82 of 1983. Judgment Latifur Rahman J. — This Rule is directed against the order dated 17.5.83 passed by the Additional Sessions Judge, Court No.III, Rangpur in Sessions Trial No. 2......sumed on bail matter. As one of the accused person was absconding, the learned Additional Sessions Judge by his order No.15 dated 8-11-82 directed the Bench Assistant to take steps for publication of notice in respect of the absconding accused as per provision of law as laid down in section 339......er of release passed by his predecessor-in-office on 27-12-82 under section 339C (4) of the Code of Criminal Procedure as amended by Ordinance No. XXIV of 1982. The short fact relevant for the disposal of this Rule may be briefly stated as follows: 2. One Mst. Anjuna Khatun lodge..Category: Criminal Law, Procedural Law | Date: | Hits: 1
....kistan,1962 which has been continued by Sub-paragraph-3 of Paragraph-6 of the 4th Schedule to the Constitution of Bangladesh, the petitioners who are 134 in number challenged the validity of an order dated 10th January, 1969 on the ground that it was inconsistent with and made in contravention of Ci...... is discharged. We, however, make no order as to costs.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 481
......Industrial Development Corporation, Dacca Vs. Rustum Ali (1967) 19 DLR SC 106 PLD 1966 ( SC) 848.
Lawyers Involved:
Joynal Abedin- For the petitioner
Ahmed Sobhan with Md. Fazlul Karim for the respondents Nos. 1& 4.
M. M. Hoq- For the respondents Nos. 2 & 3.
Petitio..
Category: Administrative Law | Date: | Hits: 1
M/S Helal Jute Press Ltd Vs. Govt. of Bangladesh, 1975, 4 CLC (HCD)
....h;For Respondent No. 1. Kazi Golam Mahbub, Advocate—For Respondent Nos. 2 and 3. Petition No. 352 of 19724. Judgment S.M. Hussain J.—A Notification No. 290 Sec. V dated 28.12.71 issued by the Ministry of Commerce of the Government of the People's Republic of ......tion (Annexure 'F') that the ownership of the properties of Helal Jute Press Limited had vested with the government. Upon this letter the petitioners' Advocates were instructed to cause a notice to be served on the Secretary of the Ministry of Jute Affairs of the Government of Bangladesh......nd operation of Helal Jute Press at Daulatpur, Khulna and Rangpur Jute Press at Alamnagar, Rangpur, is under challenge in this writ petition (Annexure 'X'). According to the provision of the aforesaid Acting President's Order dated 26th December, 1971, the Ministry of Commerce of the Gov..Category: Abandoned Properties Law | Date: | Hits: 7
....he Care Taker Body, which was constituted by the impugned order, was restrained from taking any action or decision altering or affecting the Society in any manner from its position as obtained on the date of the impugned order.
2. The petitioner claims that he along with a few associates found ......:
The Rule be discharged.
Whether before taking any action by way of suspension of any Governing Body the aggrieved party i.e. the Governing Body would be entitled to receive any show cause notice—
In accordance with the principles of natural justice, no penal action shall be t......
High Court Division
(Special Original Jurisdiction)
Present:
Fazle Munim J
S. M. Hussain J
M. R. Khan, Chairman of the Board of Governors,
Bangladesh National Society for the Blind…………Petitioner &nb..
Category: Constitutional Law | Date: | Hits: 2
Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)
....4. P.W. 1 Altaf Hossain Chowkidar, who was away from the house at the time of the occurrence, heard about the occurrence from his wife and others and lodged the First Information Report Ext. I on the date of the occurrence at 5‑35 PM at Nalchity Police Station which is situated at a distance of 7 ......rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423 ......hat appellant Majibur Rahman Gazi is a young man of 35 years of age and that initially he had no premeditation to murder, ends of justice would be substantially met if he is sentenced to imprisonment for life……………..(20) Lawyers Involved: S.A. Hasan, Assis..Category: Criminal Law | Date: | Hits: 2
SM Sirajul Islam Vs. Janata Bank WAPDA Branch, 2013, 42 CLC (HCD)
....ruzzaman J. - This Rule has been taken up by a supplementary cause list for today. 2. The instant Rule was issued calling upon the opposite party to show cause as to why the impugned Order dated 9-4-2007 passed by the learned District Judge, Dhaka in Transfer Miscellaneous Case No.327 of ......reby set-aside. The order of stay granted earlier by this Court is hereby vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 119. ......ecifically provided that the Artha Rin Adalat's case should be tried by the learned District Judge under the authority of the said Ain and not by any other law. There is a specific provision for Transfer of the Artha Rin case since the Artha Rin Adalat is a special law, i.e., Artha Rin Adal..Category: Banking Law, Civil Law | Date: | Hits: 3
Chairman, Power Development Board & Others, 1980, 9 CLC (AD)
....08 of 1979 from Writ Petition 191 to 193 and 195 to 197 of 1977. Judgment Shahabuddin Ahmed J.- These seven appeals by special leave are directed against an order of the High Court Division dated 11-4-77 summarily dismissing corresponding seven Writ Petitions in which a common Judgment and......h Court and the Labour Court are set aside and the applications under section 34 are dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 59 ......our Court, Khulna Division & another………..........Respondents Judgment November 12, 1980. Result: All the appeals are allowed. Section 34 is not meant for establishment of any right, but it provides for enforcement of any existing right guranteed..Category: Labour and Industrial Law | Date: | Hits: 1
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
....an, Advocates-For the Appellant. Fakrul Islam, Advocate-For the State. Criminal Appeal No.239 of 1974 Judgment A. T. M. Afzal J.- This appeal arises out of the judgment and order dated the 27th February, 1974 passed by the learned Sessions Judge and Ex-Officio Senior Special Jud......said that the charge against the appellant was established. Much comment was made upon the nonavailability of the witnesses and the documents during the hearing of this appeal which will be noticed in due course but it appears that the time of the alleged occurrence i.e. the year of 1971 e......udge and Ex-Officio Senior Special Judge, Jessore convicting the appellant S. M. Qamruzzaman under section 161 Penal Code and 5(2) of Act 11 of 1947 and sentencing him to suffer rigorous imprisonment for one year and also to pay a fine of Tk. 2000/-. 2. The prosecution case is that following th..Category: Criminal Law, Evidence Law | Date: | Hits: 2
Anti-Corruption Commission Vs. Mofazzal Hossain Chowdhury Maya, 2015, 44 CLC (AD)
....Md.er, Senior Advocate instructed by Nurul Islam Chowdhury, Advocate-on-Record.—For the Respondent. Criminal Petition for Leave to Appeal No.107 of 2011 . (From the judgment and order dated 27-10-2010 passed by the High Court Division in Criminal Appeal No. 3536 of 2009) Order ......aid judgment and order of the Special Judge, the High Court Division by the judgment and order dated 27-10-2010 acquitted him of the charges levelled against him mainly on the reasoning that no legal notice was served upon the respondent in accordance with the Ain and in arriving at such conclusion,......gum, Advocate-on-Record—For the Petitioner. Abdul Baset MajuMd.er, Senior Advocate instructed by Nurul Islam Chowdhury, Advocate-on-Record.—For the Respondent. Criminal Petition for Leave to Appeal No.107 of 2011 . (From the judgment and order dated 27-10-2010 passed by th..Category: Criminal Law | Date: | Hits: 4
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....; Judgment Md. Abdul Jalil J.—This Rule issued at the instance of the accused petitioners calls in question an order dated 16.4.1984 passed by the Assistant Sessions Judge, 2nd Court, Chittagong deemed to have been ap......the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4. ......ajee Azizur Rahman filed a petition of complaint in the Court of the Upazilla Magistrate, Fatikchari, Chittagong alleging that on 16.12.82 the accused petitioners being armed with deadly weapons formed an unlawful assembly along with other unknown persons, criminally trespassed into t..Category: Criminal Law | Date: | Hits: 1
Mohammad Ali Vs. Sukur Ali (The State) & others, 1985, 14 CLC (HCD)
....gment A.T.M. Afzal J.—This Rule, at the instance of the informant-petitioner, was issued upon the Deputy Commissioner, Narsingdi and other Opposite-parties to show cause why the Order dated 24.9.84 passed by the Additional Sessions Judge, Second Court, Dhaka in Sessions case No.132 o......te three P.Ws. were present but an application was filed on behalf of the defence for stopping of the proceeding and releasing the accused under section 339C (4) Cr.P.C. The Additional Sessions Judge noticed the aforesaid facts in his order dated 12.9.84 and observed that the trial could not be comp......gh Court Division (Dhaka Bench) (Criminal Revisional Jurisdiction) Present: A.T.M. Afzal J Latifur Rahman J Mohammad Ali........................................Informant Petitioner Vs. Sukur Ali (The State) & others......................Opposi..Category: Criminal Law | Date: | Hits: 1
Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)
....g, Research Evaluation Communication Centre of the Planning Council, for a period of 2 years from 1-2-71 at a rental of Tk. 3000/ per month; but the Additional Deputy Commissioner, Dacca by his order dated 6-3-71 requisitioned the house in Requisition Case No. 2040 of 1971 and took possession thereo......plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ...... appears from the record. He had completed construction of the house in January 1971 and let it out to the then Director of Training, Research Evaluation Communication Centre of the Planning Council, for a period of 2 years from 1-2-71 at a rental of Tk. 3000/ per month; but the Additional Deputy Co..Category: Constitutional Law | Date: | Hits: 3
Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
.... of the complaint, the learned Sub-Divisional Magistrate examined the complainant on oath and issued warrant of arrest against the petitioners under section 406 of the Penal Code fixing the date on 7-12-77. The petitioners appeared before the learned Sub-Divisional Magistrate on 16-11-77 a...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......ent A.T.M. Masud J. –This Rule was Issued calling upon the Deputy Commissioner, Chittagong and opposite party No. 1 to show cause why the proceeding in C.R. Case No. 2139 of 1977 pending before the Sub-Divisional Magistrate, Sadar (North) Chittagong should not be quashed. 2. Opposite..Category: Criminal Law | Date: | Hits: 1
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....s issued upon the defendants. The defendants on appearing in the suit filed a written objection to the prayer for temporary injunction. On hearing the parties the learned Assistant Judge by his order dated 3‑2‑2002 rejected the said application for temporary injunction as such an appeal being Mi......rules 1 and 2 read with section 151 of the Code of Civil Procedure praying for an order of temporary injunction till disposal of the suit with a further prayer for ad‑interim injunction whereupon a notice to show cause was issued upon the defendants. The defendants on appearing in the suit filed a....................Respondent Judgment December 15, 2003. Result: The application is rejected. Order passed by the Joint District Judge, even in appeal, is not open to challenge before the High Court Division, under sub‑section 1 of section 115 of the Code. Sub‑section 1..Category: Civil Law | Date: | Hits: 2
Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)
....l Islam Siddiqui J.-This Rule was issued on an application for revision made by the defendant-petitioner under section 115(1) of the Code of Civil Procedure (the Code) against the judgment and decree dated 18.9.1997 passed by the learned Judge of the Nari-O-Shishu Nirjatan Daman Bishesh Adalat (here......hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......-For the Petitioner. Nurul Amin and Sakila Rowshan-For the Opposite Parties. Civil Revision No.325 of 1998. Judgment Quamrul Islam Siddiqui J.-This Rule was issued on an application for revision made by the defendant-petitioner under section 115(1) of the Code of Civil Procedure (t..Category: Procedural Law | Date: | Hits: 31
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