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Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....the police witnesses about recovery of firearms and ammunition from the possession of the jail appellant. In a decision in the case of Abdul Razzak Talukder Vs. State reported in 51 DLR 83 a Division Bench of this Court held: “পুলিশ সাক্ষীর সাক্ষ্য বি......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607...Category: Criminal Law | Date: | Hits: 63
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....e Application Nos. 76 & 77 of 2000. Judgment MA Wahhab Miah J. - These two reference application have arisen out of an order dated 23-4-2000 passed by the Taxes Appellate Tribunal, Division Bench-1, Dhaka, in ITA No. 1430 of 1998- 99 (assessment year 1994-95) and ITA No. 1431 of 1998-99 (A......ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ..Category: Fiscal/Taxation Law | Date: | Hits: 88
Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)
....hman Khan, Deputy Attorney-General—For the State-Opposite Party. Criminal Miscellaneous Case No. 10887 of 2006. Judgment Md. Mizanur Rahman Bhuiyan J. - This Rule was issued by a Division Bench of this Court on an application filed by the petitioner made under section 498 of the Code of ......sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529...Category: Criminal Law | Date: | Hits: 64
Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....t Commissioner of Taxes who upheld the order of the Deputy Commissioner of Taxes by order dated 31-1-1996. Thereafter, the assessee filed a second appeal before the Taxes Appellate Tribunal, Division Bench-2, Dhaka (Circle Bench). In the said second appeal the assessee had also taken an additional g...... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515...Category: Fiscal/Taxation Law | Date: | Hits: 91
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....onstitution. In this context, we would like to examine some of the relevant decisions. In the case of Tapashi Bhattacharjee Vs. Bangladesh & others reported in 2004 BLD 365 = 9 BLC 613 a Division Bench of this Court held that where the allegation is about malice in law and such question can be d......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
....o determine the date of birth of a person. In this connection reliance may be placed in the case of Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud 34 DLR 145. In the case referred to above, a Division Bench of this Court held: "The legal position with regard to an entry in School Register. Admit ...... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ..Category: Election Law | Date: | Hits: 87
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
.... Furthermore, extension of time shall always be available if sufficient cause is shown for delay. 33. A somewhat similar point came up for decision in the case of Hakim Rai Vs. State before a full Bench of Punjab High Court, reported in AIR 1957 (Punjab) 134. 34. This cited decision supports t......the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ..Category: Criminal Law | Date: | Hits: 65
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....y to constitute the offence. An accused person pleads guilty to the facts, which purport to disclose an offence under that section. 11. In the case of Emperor Vs. Kassim, 26 CrL.I. 177, a Division Bench held, inter alia: "In our experience, we have never recorded plea of guilty in the case of......upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393...Category: Criminal Law | Date: | Hits: 51
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....emands emergent order of attachment and receiver to keep that moment the Magistrate can pass an order of attachment and receiver to keep peace. In support of his contention he cited the case of full Bench decision of Saber Ahmed and 30 others Vs. Amir Hamja and 6 others reported in 31 DLR 1 169 and......in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364...Category: Criminal Law | Date: | Hits: 55
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....bility of the testimony of the two local witnesses and withholding of other local witnesses. 8. In support of his submission on the first issue, Mr. Khan referred to a decision given by a Division Bench of this Court in the case of Kawsar-un-Nessa and another Vs. State reported in 1995 BLD21 =48 ......nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335...Category: Criminal Law | Date: | Hits: 43
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....us imprisonment for 6(six) months. An appeal filed by the petitioner was dismissed by the impugned judgment and order. 4. The learned Advocate engaged by the petitioner having been elevated to the Bench, a notice was sent from this Court with a copy of the Court's order directing the petitioner t......ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322...Category: Criminal Law | Date: | Hits: 97
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....h but if the apology is qualified, hesitating, and sought to be used as a device to escape the consequences of the contemner's action it must be rejected." Regarding acceptance of apology, a Division Bench of this Court in the case of the State Vs. Abdul Karim Sarker reported in 57 DLR 26 at pages 3......tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267...Category: Civil Law | Date: | Hits: 1272
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
.... bank, had become unsuitable for human consumption by' lapse of time and that the petitioner and respondent No. 2 have agreed to sell out the same as livestock food through public auction. A Division Bench of this Court, by order dated 21-6-2004 permitted the defendant-petitioner and the respondent ......nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ..Category: Civil Law | Date: | Hits: 131
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....ruta Bichar Tribunal the accused-petitioner moved the High Court Division under Section 439 read with Section 435 of the Code of Criminal Procedure in Criminal Revision No.1142 of 2007 and a Division Bench of the High Court Division by Judgment and order dated 18-03-2009 discharged the Rule affirm......Rule requiring no interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ..Category: Criminal Law | Date: | Hits: 73
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....the High Court Division in F.A. No.255 of 2002.) Judgment Md. Muzammel Hossain J. - This appeal by special leave is directed against the judgment and order dated 18-08-2003 passed by a Division Bench of the High Court Division in F. A. No.255 of 2002 dismissing the appeal and affirming the jud......ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75...Category: Alternative Dispute Resolution | Date: | Hits: 187
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....d. In such view of the matter, no interference in called for and the Rule is liable to be discharged. 9. In support of his contention, Mr. Khan cited the case reported in 1 MLR 54 where a Division Bench of this Court held that upon execution of a lease deed, a right is created in favour of the le......ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ..Category: Property Law | Date: | Hits: 66
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
....t Md. Awlad Ali J.- This Rule issued under section 115(4) of the Code of Civil Procedure against the order dated 14-5-2005 passed by the District Judge Chittagong was initially heard by a Division Bench comprising Mr. Justice ABM Khairul Haque and Mr. Justice ATM Fazle Kabir and a preliminary que...... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ..Category: Procedural Law | Date: | Hits: 90
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....workers were evicted unlawfully. Writ was filed against the Government of Bangladesh and Others for same relief’s including direction to rehabilitate them. One of the learned Judges of the Division Bench discharged the Rule as not maintainable while the Rule was made absolute by the other Judge. T......ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ..Category: Information Technology Law | Date: | Hits: 324
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
....he High Court Division in Writ Petition No. 348 of 1985) Judgment Md. Muzammel Hossain J.- This appeal by leave, is directed against the judgment and order dated 27-07-1999 passed by a Division Bench of the High Court Division in Writ Petition No. 348 of 1985 making the Rule absolute-in-part w......ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ..Category: Property Law | Date: | Hits: 128
Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
....2 passed by the High Court Division in Writ Petition No.408 of 2002.) Judgment SK Sinha J. - These appeals by leave is directed from the judgment and order dated 24th August, 2002 of a Division Bench of the High Court Division in Writ Petition No.408 of 2002 making the rule absolute and declar...... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ..Category: Property Law | Date: | Hits: 71
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