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Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)

....s of both the sides, perused the Writ petition and other materials on record. 6. It appears that the decree-holder bank instituted Mortgage Suit No.9 of 2002 for realization of defaulted loan with interest to the tune of Tk. 10,53,701/- the said suit was decreed on contest on 17.4.2003. The said ......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ..

Category: Civil Law | Date: | Hits: 174

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

....earned advo­cate for the appellants refers the decision in the case of Korban Ali and others Vs. The State reported in 11 BLT 267 and submits that the prosecution has withheld the independent and disinterested neighbouring witnesses and the benefit of such withholding of witnesses under section 114......preme Court High Court Division (Criminal) Present: Siddiqur Rahman Miah J Md. Rezaul Haque J Md. Isahaque Ali and others……………………………..Appellants Vs. The State..........................Respondent Judgment August 16, 2007. Result: The appeal ..

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)

....o witnesses. 5. The trial Court after considering the issues, deposition and other materials on record concluded the trial and decreed the suit for realization of an amount of Tk. 1,01,063,52 with interest. 6. Being aggrieved by and dissatisfied with the impugned decree of the trial Court the ......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. ..

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. ...... 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)

....law in relying solely upon the evidence of the police witnesses in the absence of corroboration by the members of the public; that the police witnesses were partisan witnesses and they were logically interested in securing conviction and sentence of the appellant once he was arrested by them. He fur...... Court Division (Criminal Appellate Jurisdiction) Present: Siddiqur Rahman Miah J Md. Rezaul Haque J Mohin Uddin (Md.) …………………Appellant     Vs. State…………………………… Respondent Judgment March 23, 2008. Result: The a..

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)

...., 2002. Result: The Rule is made absolute without any order as to costs. It is to be presumed that all actions taken by the government officials are in accordance with law and in the public interest and if any action of the government official is challenged, the challenger is required to p......ordance with law and in the public interest and if any action of the government official is challenged, the challenger is required to prove such allegations………………………….(18) The State property may be in the form of legal right and in the nature of privilege. The government larg..

Category: Others | Date: | Hits: 113

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

....h, welfare etc, primarily for the poorest segment of rural people. Its funds constitute mainly of donations from benevolent foreign donors. In addition, it earns income from commercial projects, bank interest, dividend etc. The petitioner is an assessee of Companies Circle-15, Taxes Zone-5, Dhaka ha......on 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 Dada (India) Ltd. Vs. State of Madhya Pradesh, AIR 1953 SC 221; Garikapati Vs. N Subbiah Choudhury, AIR 1957 SC 540; State..

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

Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)

.... of 1987 in the Court of Subordinate Judge, 2nd Commercial Court and Artha Rin Adalat, Chittagong impleading the petitioner as defendant No.1 and another claiming an amount of Tk. 2,14,179/- with 18% interest till the date of realization. Ultimately, the said Mortgage Suit No.4 of 1987 was decreed o......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ..

Category: Civil Law | Date: | Hits: 136

Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)

.... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ......t Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Wahhab Miah J Md. Abu Tariq J Latif alias Md. Latif Miah and Rabiuzzal Hossain………………Appellants Vs. The State, represented by Deputy Commissioner, Dhaka………………..Respondent Judgment August..

Category: Criminal Law | Date: | Hits: 86

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

....ade and since then plaintiff appellant petitioner has been enjoying the suit land by mutating his name and paying the rent to the government regularly. Whereas the defendants have no right, title and interest and possession in the suit land at any time and after purchase of the suit land the plainti......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. ..

Category: Civil Law | Date: | Hits: 94

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

.... to the application, is defective. He then submits that the applicant being a licencee under the BIWTA, its authorized constructions cannot be demolished. He lastly submits that BIWTA stated that the interest of its lessees should be protected. We shall address the submissions of the learned Advocat...... 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. ..

Category: Environmental Law | Date: | Hits: 731

Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)

.... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ......ourt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Sobhan Munshi………………………….Petitioner Vs. The State and another……………………………Opposite parties Judgment January 7, 2010. ..

Category: Criminal Law | Date: | Hits: 81

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. ....... This Case is also Reported in: 64 DLR (HCD) (2012) 356. ..

Category: Criminal Law | Date: | Hits: 158

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

.... relatives and cultivators of the plaintiff and defendant No.4 tried to grab the suit land mentioned in ‘ga’ schedule. In ‘ga’ schedule land defendant Nos.5 to 22 have no title, possession or interest and before promulgation of Defense of Pakistan Rules, 1965, this lands had been in possessi...... been shown in schedule Uma. Defendant No.4 by registered saf kabala deed dated 10-1-1964 purchased some land of ‘ga' schedule from defendant No.6 which is a paper transaction. Till promulgation of State Acquisition and Tenancy Act the suit land was not demarcated and no land was recorded in the k..

Category: Property Law | Date: | Hits: 83

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

....onditions as obta­ining in the field of administration of justice is bound to defeat the purpose of section 339C Cr.P.C. and if anything thrives, it must be the injustice and tyranny at the hands of interested and designing persons. The High Court Division can really help very little because no pro......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. ......High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Quddus J Abdul Awal J Daud Ali (Md.) and others…………………………………….Appellants Vs. State………………………………………………………………………..Respondent ..

Category: Criminal Law | Date: | Hits: 93

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

....the legislative device and policy as adopted, and that has been indicated in sub‑section 5 of section 3 of the VAT Act, is that the Board in order to fulfil the objects of the section in the public interest by notification in the official Gazette shall declare the vatable goods or class of goods a......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. ..

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)

....e strength of lease deed M/s. Chameli Glass Works mutated its name on 12.10.2006 in the connected Record of Right and has been paying rent to Government regularly. II. M/s. Chameli Glass Works got interest on Suit property and as such its presence would be necessary for effecting a complete adjud......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. ..

Category: Property Law | Date: | Hits: 82

Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)

....ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ......(HCD) (2008) 152. ..

Category: Criminal Law | Date: | Hits: 92

Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)

..... Procedure in cases mentioned in section 195.- (1) When any Civil, Revenue or Criminal Court is, whether on application made to it in this behalf or otherwise, of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in section 195, sub......Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Emdadul Huq J Ruhul Amin………………………..Petitioner Vs. State and another……………………….Opposite Parties Judgment October 30, 2007. Re..

Category: Property Law | Date: | Hits: 122