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Wazir Jahan Begum and another Vs. Government of Bangla­desh and others, 2003, 32 CLC (HCD)

....t and order passed by the learned Subordinate Judge and Artha Rin Adalat, Comilla is equally without lawful authority and therefore, the impugned order has been passed without any basis. On the other hand, Mr. KS Zaman, the learned Advocate appearing for the respondents, submits that in view of the ......a Akhtar & others reported in 49 DLR (AD) 80. In view of our observations and findings as above this Rule is made absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621...

Category: Civil Law | Date: | Hits: 81

Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)

....2004) 614.......he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614...

Category: Procedural Law | Date: | Hits: 73

Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)

....hat he has kept the said gun under the bamboo clump of one Kirshno Master of village Barail. He went to the said bamboo clump taking the accused along with some other people and he himself by his own hands, recovered the said gun, etc. barrel and butt kept separately inside a polyethylene paper tied......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ..

Category: Criminal Law | Date: | Hits: 65

BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....s deal with a common question of law and fact. 2. BIVAC International SA and another, Intertek International Limited and another, SGS Societe Generale de Surveillance SA and another, Overseas Merchandises Inspection Co. Limited and another are the petitioners respectively in writ petition Nos. 5......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..

Category: Fiscal/Taxation Law | Date: | Hits: 152

Abdul Motaleb Howlader alias Chan Miah Vs. Judge, Artha Rin Adalat No.1, Pirojpur and others, 2011, 40 CLC (HCD)

.... Ain, 2003. But the learned Judge of the executing Court has admitted the second execution case violating the law of special limitation, and as such it is without lawful authority. 5. On the other hand Ms. Nasrin Ferdous, the learned Advocate appearing for the respondent-bank though admits the fa...... discharged, however, without any order as to costs. Communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 107

Arun Kumar Sutradhar and another Vs. The Joint District Judge, Artha Rin Adalat Comilla and another, 2010, 39 CLC (HCD)

....n of section 34(9) of the Ain was not complied with and without such compliance, issuance of warrant of arrest was in clear violation of law and therefore without lawful authority. 6. On the other hand, Mr. Mohammad Ali, the learned Advocate for respondent No.2 submits that as the decree-holder b...... case), if it is required. The office is directed to communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 80

Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)

....W.1 and formally proved the registered sale agreement, sale deed of his wife in respect of five decimals of land, three legal notices with postal receipts and some other documents. 7. On the other hand, defendant No.1 Mokter Ali Mondal himself deposed as D.W.1 and exhibited an unregistered sale a......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in:   ..

Category: Property Law | Date: | Hits: 99

A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)

....llant at no point of time, was in charge of the godown, or kept the key with him. In any view of the matter, the appellant cannot be held liable for the shortage of stock, if any. 8. On the other hand, Mr. Md. Shohrowardi, learned Deputy Attorney General appearing for the State referring to the ...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 61

Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)

....sion of first party-petitioner over the case land. His specific case was that the original owner late Keramat Ali died leaving behind his son Idris Ali (father of the petitioner) and daughter Jhalak Chand Bibi, who died living behind her son Zahiruddin and two daughters, Kalom Chand and Parijan Bibi......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ..

Category: Property Law | Date: | Hits: 53

AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

....t over the same. 3. Subsequently the said Ramjan Ali sold the suit property to the plaintiffs’ father and predecessor-in-interest Mukhlesuddin Ahmed by a registered sale deed dated 11.5.1978 and handed over possession thereof to him. Even after the said transfer, Ramjan Ali was all along presen....... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 78

Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)

....bitrator. In such a case, the Court, if moved in time, may stop proceedings of such a suit and direct that the matter be settled by an arbitra­tor in terms of the agreement. Section 20, on the other hand, comes in aid of the party who intends to submit the dispute to an arbitrator in terms of the a...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ..

Category: Alternative Dispute Resolution | Date: | Hits: 238

Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)

....he tenancy. The defen­dant led the evidence to prove that the land has been under direct cultivation of the defendant. Defendant field certain dakhilas Exhibit A to A(5) of which Exhibit A is in the hand-writing of the plaintiff and Exhibits A to A(5) are in the hand-writing of Keramutullah Mondal,......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116...

Category: Property Law | Date: | Hits: 58

State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

....; Tanviben Pankajkumar Divetia Vs. State of Gujarat, AIR 1997 (SC) 2193; State of U.P. Vs. Dan Singh AIR 1997 (SC) 1654; State of Andra Pradesh Vs. P.T. Appaiah and another AIR 1981 (SC) 365; Sharat Chandra Mitra Vs. Emperor ILR 38 Cal. 202; Ahmed Sher Vs. Emperor AIR 1931 Lah. 513; Granade Venkata ......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 94

Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)

.... it is apparent that this copy was obtained just a few days before hearing of the leave petition. On perusal of the original record we noticed that the order dated 13th July, 2009 was written in same hand writing with same ink. We find no interpolation in the entire order-sheet. Therefore, we have n......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 100

State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)

....ve misappropriated Tk. 2,12,868.50 and that the amount of misappropriation has been calculated on the basis of the list of accounts, exhibit 4(ka) series. 5. The High Court Division, on the other hand, held that for issuance of tax token no cash money was required to be paid by the licence holde......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ..

Category: Criminal Law | Date: | Hits: 85

Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)

....(Angsh-1)206/1(2) dated 02.08.1999 signed by writ-respondent No.4 to have been passed without lawful authority and is of no legal effect and also for direction upon the writ respondent-petitioners to hand over charge of the Project Director of Rural Women Employment Creation Project, under the Minis......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ..

Category: Employment/Service Law | Date: | Hits: 119

Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)

....ntainability and, therefore, leave may be granted to examine the points raised by him. 10. Mr. Md. Khurshid Alam Khan, learned Advocate, entering caveat on behalf of respondent No.1, on the other hand, has supported the impugned judgment and order passed by the High Court Division. 11. From t......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67...

Category: Employment/Service Law | Date: | Hits: 127

Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)

....ster of teachers and informed that he had verbal instruction for it from the higher authority. 3. He then made written representation to the Thana Education Officer stating all those acts and high-handedness of the Head Master requesting the Thana Education Officer to save him from harassment. Al......dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ..

Category: Administrative Law | Date: | Hits: 240

State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)

....aman Islam, Deputy Attorney General, with Motahar Hossain Saju, Deputy Attorney General, with Mrs. Mahfuza Begum, Assistant Attorney General, with Md. Ekramul Hoque, Assistant Attorney General, with Khandkar Diliruzzaman, Assistant Attorney General, with Mrs. Fazilatunnesa Bappy, Assistant Attorney ......ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 191

Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)

....ute that a tax does not aim at conferring any direct benefit upon any parti­cular individual and there is an element of quid pro quo between the tax payer and the public authority while on the other hand fee or a toll is a charge for a special service ren­dered to some individuals by the agency au......uraged. In the above premises the appeal is dis­missed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171...

Category: Fiscal/Taxation Law | Date: | Hits: 112