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A. Aziz Mollick Vs. State, 2008, 37 CLC (HCD)
....t such above prayer was illegally rejected by the Special Tribunal No.1 vide impugned order. 8. He argues the petitioner is subject to the decision of the Court about ownership of the Truck at any time and the petitioner will be bound by the bond to produce the same in Court as per direction of t......manbaria on further undertaking to produce the same to the Court on and when directed by the same. 18. Copy be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 230. ..Category: Procedural Law | Date: | Hits: 194
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....n section 364 of the Code, 1898. He was extensively cross-examined by the defence, but nothing could be elicited to shake the credibility to his evidence. It is pertinent to point out that at the time of recording confession by P.W. 9, the appellants did not raise any objection regarding its tru......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 170
Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....andatory provisions the respondents have made clear violation and without making final assessment, respondent No.3 illegally proceeded with for encashment of Bank Guarantee which was furnished at the time of provisional assessment. For encashment of Bank Guarantee the respondents should have issued ......duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ..Category: Fiscal/Taxation Law | Date: | Hits: 194
Category: Fiscal/Taxation Law | Date: | Hits: 220
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
....s a tenant by paying rent to the sherista of GC Basak upto 1362 BS. He did the act of possession by rearing and catching fish in low-lying area while in the remaining land he used to grow crops sometimes by himself and sometimes through bargadars. He also developed a portion of land by spendin......of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ..Category: Property Law | Date: | Hits: 149
Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)
....though in the petition under section 561A of the Code of Criminal Procedure in ground Nos.7 and 8 grounds are taken but the gist of the ground are that the petitioner mainly became aggrieved on the time given in the notice issued on 27-2-2006 in it was not in conformity with the time as framed u....... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ..Category: Civil Law | Date: | Hits: 217
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
....r Development Division, Bangladesh Water Development Board, Comilla; (here we tempted to note that whenever our national poet, Kazi Nazrul Islam went to Comilla, his father-in-law's house, he spent time on the bank of river Gomati and in some of his eternal songs river Gomati occupy considerable p......r by issuing legal notice dated 1-4-1995 upon the opposite parties, appoint an Arbitrator under the Arbitration Act of 1940 to settle the dispute. 3. After several bouts of legal proceedings for appointment of arbitrator, lastly, Mr. Justice MA Wahab (Retired) was appointed as arbitrator who ga..Category: Civil Law | Date: | Hits: 195
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....e impugned Judgment and order violating the specific statutory provisions of Order XXI Rule 58 of the Code of Civil Procedure. So, the said Judgment and order cannot legally be sustained. At the same time, the claim and objection case of the 3rd party cannot be thrown away and is required to be adju......receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
.... section 145 Cr.P.C. was drawn up by successive Magistrates over the same property, one after the other. It further appears that proceeding under section 145 Cr P.C. was drawn up more than 4 or 5 times but all subsequently dropped by orders of the High Court. In all these proceedings it was alwa......id Court made a reference to the Hon'ble High Court Division being Criminal Reference No.229 of 1978 for quashing the proceeding and for setting aside the order of attachment on the ground that the appointment of Receiver were made attached and without hearing the second party, opposite party. The..Category: Criminal Law | Date: | Hits: 88
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
..... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ......ary injunction for restraining the defendant from carrying on business using capital and stock in trade and other assets of the suit firm styled as M/S. Arzu Furniture Mart. Plaintiff also prayed for appointment of an Advocate commissioner for making any inventory of the goods in stock in trade on..Category: Procedural Law | Date: | Hits: 146
Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)
.... By the tame order the learned Deputy Attorney General was directed to obtain necessary instructions in the matter before the hearing of the Rule. The learned Deputy Attorney-General, however, at the time of bearing informed us that inspite of his efforts he has neither received the necessary inst......l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ..Category: Criminal Law | Date: | Hits: 62
Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)
....g as officer-in-charge of Mahal Sari L.S.D. has shown false delivery of 305 maunds and 30 seers of wheat and misappropriated the same. He has also falsely shown shortage of 160 maunds of wheat at the time of making over charge of the L.S.D. to his successor although he was entitled to an admissible ......ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ..Category: Criminal Law | Date: | Hits: 70
Juman Mia Vs. Zainab Bibi, 1983, 12 CLC (HCD)
.... 106 of the Transfer of Property Act. The tenant is also entitled, without prejudice to this right, to stay on till the end of a full month or a full year of the tenancy, as the case may be. If the time given is in excess of the half term of the tenancy and the tenant is able to stay on for a half......umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ..Category: Property Law | Date: | Hits: 73
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
....future payment. Apart from that in the same decision which is relied upon by Mr. Mozammel Huq Bhuiyan also it was held that "even in the case of the postdated cheques intention of the drawer at the time the cheque is issued is a material test and if it appears from the circumstances of the drawer ......n 420 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ..Category: Criminal Law | Date: | Hits: 67
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
.... the detenue of his right of making such representation and the detaining authority also contravened the provisions of section 8(2) of the Special Powers Act, 1974 by not communicating grounds at the time he was detained or within fifteen days from the date of detention to the detenue and has not co......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: | Hits: 78
Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....given to the petitioners for the lands thus acquired under the East Bengal (Emergency) Requisition of Property Act, 1948. The expansion and development of the said Airport were completed in course of time but an area of 17.35 acres appertaining to Khatian Nos.394, 113 and 92 of Mouza Kafrul remained......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ..Category: Property Law | Date: | Hits: 67
Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)
....mation report, Araihazar Police Station Case No. 3 dated 5-10-2005 was started. Police after investigation submitted charge sheet against the accused under section 302 of the Penal Code. 4. At the time of trial, the learned Sessions Judge framed charge against the accused under section 302 of the......the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ..Category: Criminal Law | Date: | Hits: 91
Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)
....ismissed for default for the cause of non appearance of the preemptor. Thereafter on 20-8-2001 Miscellaneous Case No. 27 of 2001 under Order IX, rule 9 of the Code of Civil Procedure was filed within time. The grounds urged in the application appear to be satisfactory but the learned Judge without a......ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ..Category: Procedural Law | Date: | Hits: 133
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....n this writ petition. 3. The petitioner also filed a supplementary affidavit dated 12-4-2009 annexing some documents with the supplementary affidavit, which were not filed by the petitioner at the time of filing of this writ petition due to inadvertence. 4. Respondent No.2, the Bank contested ...... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ..Category: Civil Law | Date: | Hits: 176
Bela alias Bala & another Vs. State, 2011, 40 CLC (HCD)
....efore the Chief Judicial Magistrate, Noakhali. 5. Having unsuccessful approache for bail before the Court below, the petitioners moved this application and obtained this present Rule. 6. At the time of issuance of Rule, the petitioner No.2 Masud was granted ad-interim bail. 7. The learned......e petitioners if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ..Category: Criminal Law | Date: | Hits: 95