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....CT is empowered to call for the record of any proceeding from the DCT and examine the same under section 120 of the Ordinance and if he considers that any order passed thereon by the DCT is erroneous in so far as it is prejudicial to the interest of the Government revenue, he may invoke hi......¦¾à¦°à¦¾/২০১৩-২০১৪/২à§à§® dated 26.11.2013 for giving the petitioner an opportunity of being heard; that issuance of the said notice is quite justified and within the purview of the provision of section 120 of the Ordinance; that the receipt of a return submit..
Category: Fiscal/Taxation Law | Date: | Hits: 0
Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)
....the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58. ......ing that bainapatro in question is not a valid document inasmuch as the father without obtaining the sale permission from any Court executed the bainapatro in question for and on behalf of minors. My view is therefore, that the Court of appeal below rightly disagreed with the sole finding of the tri..Category: Evidence Law | Date: | Hits: 6
Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
.... this judgment. 28. Let a copy of the judgment along with reconstructed case record be sent down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 32. ......sion of Order 43 Rule 1 of the Code of Civil Procedure this first miscellaneous appeal is well maintainable. 15. Now, certain provisions of law are required to be referred to for having a better view of the dispute in question. Order XLIII, Rule 1 of the Code of Civil Procedure reads as follows..Category: Civil Law, Procedural Law | Date: | Hits: 2
Rai Kishori Saha Vs. Md. Motaleb Ali and Others, 1892, 11 CLC (HCD)
....he State Acquisition and Tenancy Act is restored. This Rule is, therefore, made absolute without any Order as to cost. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)178 ....../S. 96 of the State Acquisition and Tenancy Act. In this connection it may be mentioned that it has been represented that Mostafa Kamal, J. silting singly in another Bench has held the same view in Civil Revision Case. No.98/1978 by his judgment dated 4th February, 1982. Be that as it..Category: Property Law | Date: | Hits: 3
Moklesur Rahman & others Vs. State & others, 1983, 12 CLC (HCD)
....roceedings and released the accused persons. This stopping of the proceedings and releasing of the accused persons do not operate either as a discharge or an acquittal. It can be said that on a total erroneous view of the law the proceeding was dropped and the accused persons were released the relea...... Authority by this provision clearly indicated that the case is to be disposed of within a specified time. This amendment was done by the law-making authority for speedy disposal of cases, keeping in view the policy of the Government for early disposal of criminal cases. Thus section 339C will ..Category: Criminal Law, Procedural Law | Date: | Hits: 1
.... 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
......med to have been brought on to the permanent cadre of the Port Trust with effect from the dated noted against each on the posts held by them on those dated. They shall accordingly, come within the purview of the agreement entered into between the Chittagong Port Trust Administration and the Chittago..
Category: Administrative Law | Date: | Hits: 1
M/S Helal Jute Press Ltd Vs. Govt. of Bangladesh, 1975, 4 CLC (HCD)
....cate can be granted and the prayer is, accordingly, rejected. Fazle Munim J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 551 ......thority of the Government under Article 15 no further, order could be passed by the relevant authority of the government under Article 16. 13. In these circumstances we are of the view that the notification dated 28. 12. 71 in respect of the properties of the petitioners under th..Category: Abandoned Properties Law | Date: | Hits: 7
....mature stage.
Accordingly, the Rule in this petition should be discharged for the reasons stated herein before.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 602
......this purpose by the Mayor. The Commissioner was given full access to all the minutes of the Council, but he did not ask any question or give any member of the Council an opportunity of expressing his views relating to the matter. On the completion of his enquiry, he submitted a report to the Ministr..
Category: Constitutional Law | Date: | Hits: 2
Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)
....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 ...... the offence of culpable homicide not, amounting to murder punishable under section 304 of the Penal Code. He has further submitted that the sentence of death imposed upon the appellant was severe in view of the fact that the offence was committed without premeditation and that the appellant, who is..Category: Criminal Law | Date: | Hits: 2
Abdul Mukid (Md.) Vs. Artha Rin Adalat, Khulna and another, 2013, 42 CLC (HCD)
....order passed or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014)2 11, 33 BLD (HCD) (2013) 296. ......orporation cannot file any application under Article 27 of President Order No. 1973 before the Artha Rin Adalat for the simple reason that the application under Article 27 does not come within the preview of suit. In this regard, he refers to another decision of our Appellate Division in Bangladesh ..Category: Others | Date: | Hits: 3
Chairman, Power Development Board & Others, 1980, 9 CLC (AD)
....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 ...... Linemen. Mr. Serajul Huq has, however, explained that this was allowed by mistake and when detected, the mistake was corrected and the order was cancelled and further payment was stopped. 7. In view of the discussion made above, it is clearly found that both the High Court Division and the Lab..Category: Labour and Industrial Law | Date: | Hits: 1
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
.... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107. ...... hearsay but does not necessarily preclude evidence as to a statement having been made upon which certain action was taken and Certain results followed." 17. Keeping the above principles in view I am of the opinion that the evidence of the Deputy Commissioner. P.W. 1 can be legitimate..Category: Criminal Law, Evidence Law | Date: | Hits: 2
Anti-Corruption Commission Vs. Mofazzal Hossain Chowdhury Maya, 2015, 44 CLC (AD)
....l of the appeal on merit afresh. The leave petition is accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 230. ......rt Division has not at all applied its judicial mind in acquitting the respondent. The question has already been settled by this Division and we find no cogent ground to depart from the same. In view of the above, we find infirmity of the judgment of the High Court Division and we have no optio..Category: Criminal Law | Date: | Hits: 4
Babul Robin de' Rozario Vs. Elizabeth R Das another, 2014, 43 CLC (AD)
.... below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ......Dhaka acquitting the accused petitioner. Sub-section (4) of section 439 of the Code of Criminal Procedure debars the High Court Division to convert an order to acquittal to one of conviction. In view of above, the High Court Division has exceeded its revisional power by restoring the conviction..Category: Criminal Law | Date: | Hits: 5
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....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. ......to hear and dispose of revisional application under Chapter XXXII of the Code of Criminal Procedure Mr. Mokbul Ahmed, the learned Advocate for the accused petitioners doe> not press this ground in view of the above decision. 7. The provision of section 241A which has been inserted in Chapter..Category: Criminal Law | Date: | Hits: 1
Mohammad Ali Vs. Sukur Ali (The State) & others, 1985, 14 CLC (HCD)
....sions 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. ......eed with the A.P.P. and rejected the prayer for revival of the case. Hence this Rule. 4. The learned advocate for the petitioner has frankly expressed his difficulty in pressing the Rule in view of the amended provisions of the Code of Criminal Procedure providing for time limit in disposi..Category: Criminal Law | Date: | Hits: 1
....king disposition and that she properly and fully understood the nature of such disposition, I am inclined to hold that the learned District Judge, Naogaon did not commit any error of law resulting in erroneous decision occasioning failure of justice and as such the impugned order passed by the learn......terms of disposition and that it was her mental act and this burden unless is discharged by person who wants to uphold the disposition the impugned deed cannot be made binding against plaintiff. This view is supported by the ruling reported in BLD 1982 (AD) 139 in the case of Most. Rokeya Khatun Vs...
Category: Evidence Law | Date: | Hits: 7
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ......it is argued that the Prisons Act was available to the respondents for taking action if the detenu acted in breach of the discipline but recourse to the Emergency Powers Act is not available. In this view of the matter, the detention, it is claimed, is illegal. 4. Mr. AnwarulHuq Chowdhury, the ..Category: Criminal Law | Date: | Hits: 1
Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
.... 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 ......ach of contract and the dispute would he one of civil nature, but it cannot be said that they have committed criminal breach of trust, punishable under section 406 of the Penal Code. In any view, there being no entrustment in this case, there cannot be an offence under section 406&nbs..Category: Criminal Law | Date: | Hits: 1
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....onal District Judge as the case may be, made under sub‑section (2) or (3) shall lie, where the High Court Division grants leave for revision on an error of an important question of law resulting in erroneous decision occasioning failure of justice and the High Court Division may make such order in......though not a decree but should be treated at par a decree. 9. It is very correct that the order passed by the learned Joint District Judge, was not in the original suit but in an appeal. In that view of the matter, it is very correct that the Joint District Judge, for all practical purposes, ex..Category: Civil Law | Date: | Hits: 2
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