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Babul Vs. State, 2002, 31 CLC (HCD)
....into service are catalogued thereunder: I. Search and seizure as required to be made in compliance with provisions contained in section 103 of The Code had not been complied with and two respected persons of the locality as contemplated in the section had not been present and search and seizure s......such a quality as it was required to be relied upon without sufficient corroboration and he being an Informant (PW 1) as well as Investigating Officer (PW 6) in the case can be characterised to be an interested witness. 40. It can, thus, be held that prosecution failed to bring home charge as to ......erty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ..Category: Criminal Law | Date: | Hits: 84
Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)
....y. Admittedly since 05-04-2009, children are in custody to the plaintiff and there is no allegation against their welfare. It is true that in Muslim Law father if alive is the natural guardian of the persons and property of his minor child. He does not require an order of the Court to support his ri......ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ......0) 321, 16 BLC (HCD) (2011) 166. ......ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ..Category: Family Law | Date: | Hits: 171
....
Explanation V‑ Any relief claimed in the plaint, which was not expressly granted by the decree, shall, for the purposes of this section, be deemed to have been refused.
Explanation VI‑ Where persons litigate bona fide in respect of a public right or of a private right claimed in common for ......tion, be deemed to have been refused.
Explanation VI‑ Where persons litigate bona fide in respect of a public right or of a private right claimed in common for themselves and others, all persons interested in such right shall, for the purposes of this section be deemed to claim under the person......
High Court Division
(Civil Appellate Jurisdiction)
Present:
Md. Abdur Rashid J
Syed ABM Huq J
Eastern Bank Ltd. and another........................Appellants
Vs.
Sufia Re‑Rolling Mills and Steel Ltd. and others ...............Respondents
Judgment
August 31, 2004.
Re......d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
..
Category: Civil Law | Date: | Hits: 92
.... forms: direct tax, in case of which the burden falls upon person who pays the tax, and indirect tax, example of which are excise duty and sales tax, in case of which the burden ultimately falls upon persons other than the persons who pay the tax to the government. He then submits that the very idea...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
......ier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
..
Category: Fiscal/Taxation Law | Date: | Hits: 138
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....cate for the appellant, submits that the plaintiff society was owner in possession of the suit land. The suit land was acquired and an award was made in the names of defendant Nos. 1 to 5 and unknown persons. The plaintiff did not receive any notice either under section 3 or 6 of the Ordinance. Plai......f the Ordinance Empowers the Deputy Commissioner to make an award of the compensation for the property acquired and/or apportionment of said compensation among all the persons known or believed to be interested in the property, of whom, or whose claims, he has information. And such award would be fi......................Respondents Judgment October 22, 2003. Result: The appeal is allowed. Lawyers Involved: Subrata Chowdhury, Advocate ‑ For the Appellant. Mahbubay Alam with AM Aminuddin and Samarendra Nath Biswas, Advocates ‑ For Respondent No. 1. Firojur Rohman, Assistant......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ..Category: Property Law | Date: | Hits: 61
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....nts appeared and opposed the application by filing a written objection. They contended that plaintiff Beximco Holdings obtained advances/loans against schedule 112 accounts in the names of fictitious persons from different branches of the IFIC Bank. On detection of those loan accounts, the Beximco H......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......t Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Md. Ataur Rahman Khan J IFIC Bank Ltd. and others.................................Appellants Vs. Beximco Holdings Ltd. and others ...................Respondents Judgment November 8, 2004. Results: ......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154...Category: Civil Law | Date: | Hits: 71
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
....inance and the Act clearly suggest that the Registrar is the Administrative Head of the Department and is in control of all the co‑operative societies who shall audit or cause to be audited by some persons authorised by him, the accounts of every registered society once at least every co‑operati...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......ed from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ..Category: Criminal Law | Date: | Hits: 89
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....ile an application for winding up of the Company. In this connection it may not be out of place to refer to the provisions of section 245 of the Act wherefrom it appears that only three categories of persons are entitled to move this Court for passing of winding up order under section 241 of the Act......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ...... Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ..Category: Employment/Service Law | Date: | Hits: 144
.... the dawn of the civilisation, the voice of the people was hardly taken into account. It was the might which was the law for the country. The rulers depended on their own physical strength and on the persons who used to worship them. Slowly, the concept of divine right of a King to rule a country as......already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
......
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
......already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
..
Category: Employment/Service Law | Date: | Hits: 99
Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)
....tence passed by the trial Court. 11. Now let us consider the decisions referred to by the learned Assistant Attorney-General. In PLD 1961 case, two unlicensed daggers were recovered from 2 accused persons one was 7" long and the other was 6" long and the defence case disclosed that these two arms......appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ......rlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ......appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ..Category: Criminal Law | Date: | Hits: 78
....rved:—
"In series of cases this Court laid down a general principle that in appeals involving short sentences the High Court Division should dispose of the appeals expeditiously or release the persons on bail.
These decisions declaring laws on bail is part of law of the land and should be ......08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
......reby declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
......08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
..
Category: Fiscal/Taxation Law | Date: | Hits: 140
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....iciter. 15. He submits that at the time of alienation on 14‑5‑42, defendant No.1 was minor and his father actually did everything on his behalf including taking delivery of possession. All the persons who witnessed the alienation were dead at the time of trial of the suit. In the circumstance......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......rds at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ..Category: Property Law | Date: | Hits: 64
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....istant Director of the Anti-Corruption Commission (the ACC) has lodged an F.I.R., registered as Motijheel Police Station Case No. 140 dated 29.03.2007 with Motijheel Police Station against-12 accused persons alleging, amongst other, that upon the approval of the then Minister of the Ministry of Hous......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......d from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361...Category: Administrative Law | Date: | Hits: 173
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....e theory of legitimate expectation cannot be successfully advanced by temporary, contractual or casual employees. It cannot also be held that the State has held out any promise while engaging these persons either to continue them where they are or to make them permanent. The State cannot constit......at in order to entitled a person to ask for performance of a public duty by Mandamus, it is necessary to show that he has a legal right for claiming such performance, apart from the fact that he is interested in the performance of the duty. 62. In the case a Hazerullah Vs. Assis......Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ...... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... Police Station alleging inter alia that in between 8-10-1997 to 10-7-2001 the accused petitioner as Prime Minister of this country by abusing her official position in connivance with other accused persons approved draft rules for giving opportunity of NIKO Resources a foreign company, which faile......Metropolitan Senior Special Judge has taken cognizance mechanically without applying his judicial mind. It will not be beyond truth to hold that all the functionaries acted as directed/dictated by an interested and vested quarter. 68. It is learned from Media that crores of money have been paid a......ter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ..Category: Criminal Law | Date: | Hits: 126
Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
.... Waqfs Ordinance. But the facts and circumstances of the case do not warrant such assumption. 5. Section 43 empowers the Administrator to appoint a person to act as Mutwaili with notice to all the persons interested in the waqf, for a specified period as he deems fit. This power is to be exercise......rdinance. But the facts and circumstances of the case do not warrant such assumption. 5. Section 43 empowers the Administrator to appoint a person to act as Mutwaili with notice to all the persons interested in the waqf, for a specified period as he deems fit. This power is to be exercised in any...... and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108....... Anwar Hossain read upto Class VII and he is a first class Contractor; and Mohammad Altaf Miah read upto Clan IX and he is a Jail Contractor and a merchant in Sylhet town. The Inspector finding their educational and professional qualification practically equal, on the basis of which it was difficult..Category: Trust/Waqf Law | Date: | Hits: 188
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....ept for selling in their stock amblosin capsules, apparently manufactured by Hoechst, knowing those to be adulterated. It has been alleged by the defence that the raid was conducted by unauthorized persons and the complaint petition was lodged also by unauthorized persons making the whole proc......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ..Category: Criminal Law | Date: | Hits: 83
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....vities of ‘FAP-20’ and the same was signed by Chairman, Tangail Pourashava, President of Awami League, Tangail District Unit and also the Secretary of District Unit of Jatiya Party and some other persons holding the offices of President and Secretary of various organizations and associations of ......er. A copy of the said estimates, specifications and plans together with copy of the maps aforesaid, shall be deposited in the office of the Engineer and shall be open to the inspection of the person interested who shall be allowed to take copies thereof and to file objections, if any, against the e......to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......e of the said right to life.” 71. Life cannot be sustained without its basic necessities such as food and shelter and it cannot, also be enjoyed fruitfully without all facilities of health care, education and cultural enjoyment and all the above of life cannot be had without proper means of liv..Category: Environmental Law | Date: | Hits: 1051
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....8. The amended section 4 of the Act, 1974 is as follows: “4. Nikah Registrars.- For the purpose of registration of marriages under this Act, the Government shall grant licences to such number of persons, to be called Nikah Registrar, as it may deem necessary for such area as it may specify: ......on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......r as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ..Category: Civil Law | Date: | Hits: 90
State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)
....ibi made similar statement like P.W.4. 10. P.W.7 Bissed Ali stated that on hearing hue and cry on the date of occurrence from the house of informant P.W.1 Bidhu Pramanik he went there and saw many persons assembled there and also saw the dead body of the mother of the accused lying in the courtya......ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ..Category: Criminal Law | Date: | Hits: 72
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