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Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
....Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......e facts revealed from the complaint, particularly the taking delivery of the release print or, issuance of two post dated cheques for the unpaid amount and the dishonor of the cheques, our considered view is that these facts do not constitute any offence under section 420 of the Penal Code. Because ..Category: Criminal Law | Date: | Hits: 66
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ......2002 i.e. 3 (three) years 7 (seven) months 21 (twenty one) days stand treated as sentence under gone by convict appellant Nur Hossen out of sentence of 10 (ten) years rigorous imprisonment. 41. In view of the facts and circumstances of the case we are of the opinion that the Criminal Appeal No.28..Category: Criminal Law | Date: | Hits: 77
Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)
.... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ......d and disposed of by higher Court on the ground that original complainant was not disentitled to apply for special leave to appeal to the Supreme Court and to prosecute the same on merits. In this view of the matter, we find no merit in the Rule. In the result, the Rule is discharged. The o..Category: Criminal Law | Date: | Hits: 39
Sufi Samrat Hazrat Mahbub-e-Khuda Vs. RAJUK and others, 2007, 36 CLC (HCD)
....tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ......uctures and has prayed for approval of the plan on payment of requisites fees, the notice dated 12-7-2005 directing the petitioner to demolish the structures is without any lawful authority. 6. In view of what has been stated above, the impugned notice dated 12-7-2007 (Annexure-G) issued by the r..Category: Property Law | Date: | Hits: 64
Category: Environmental Law | Date: | Hits: 434
Category: Civil Law | Date: | Hits: 74
Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)
....e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ......with the plaintiffs and defendant Nos. 1-5 in order to grab the suit land and accordingly 2 (two) Courts below rightly held that the plaintiffs created the kabalas after lapse of long 30 years with a view to take advantage of Hindu Law to grab the suit property and as such the impugned judgment of a..Category: Property Law | Date: | Hits: 57
Millan Miah and another Vs. State, 2012, 41 CLC (AD)
....ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ...... informant, went to the house of Shahinoor for payment of weekly installment of loan of BRAC Society and at 10.15 a.m. when he reached the pucca road on his way home accused Mosta and Milon, with a view to murder him, stabbed him on the back and belly with the knives kept in their respective hands..Category: Criminal Law | Date: | Hits: 60
Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)
.... the suit land and allowed the appeal restraining the defendants from disturbing with the plaintiffs peaceful possession in the suit land. This decision has resulted in this revision on the ground of erroneous decision in facts and on law occasioning failure of justice. 6. Mr. Shah Md. Khasruzumm......uired by the Government. 11. I have also considered the land acquisition map (Ext-Gha) but from this map it is not clear that the suit land is not an acquired land as argued by Mr. Alam. 12. In view of the above, it is found that the suit land is the acquired land and possession of it was deli..Category: Property Law | Date: | Hits: 56
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ......nt pleadings of parties, evidences, especially evidence of D.W.3 and materials brought on record, especially Exhibit 1, service return, and fact and circumstances of the case, I am of this considered view that Summons upon plaintiff-opposite party had not been served in accordance with law and servi..Category: Property Law | Date: | Hits: 64
Nawabgonj Central Co-operative Bank Ltd. Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....Advocate appearing with Mr. SM Bazlur Rashid, Advocate for the respondent No.2, opposes the Rule and submits that the petitioner misconstrued the circulars (Annexures-C and F), and thereby came to an erroneous view that the loans taken by the members have been exempted. He adds that in view of the a......ppearing with Mr. SM Bazlur Rashid, Advocate for the respondent No.2, opposes the Rule and submits that the petitioner misconstrued the circulars (Annexures-C and F), and thereby came to an erroneous view that the loans taken by the members have been exempted. He adds that in view of the aforesaid..Category: Civil Law | Date: | Hits: 70
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......ry of Law, Justice and Parliamentary Affairs, annexing the report of the Committee on pay and privilege of the Judges of the Supreme Court of Bangladesh. The report was sent to the authorities with a view to have the remuneration and other privileges of the Judges of the Supreme Court of Bangladesh,..Category: Constitutional Law | Date: | Hits: 413
Category: Property Law | Date: | Hits: 65
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
....y section 42 of the Specific Relief Act and for not giving standard valuation of the suit but that the learned District Judge without proper appreciation of law involved in the matter, has come to an erroneous finding that the suit was maintainable and that this decision of the learned District Judg......ry employment of Sonali Bank employee is contained in regulation 11(3) of the Sonali Bank Service Regulation and the manner of termination of temporary employment is contained in Regulation No.13. In view of the principle as laid down in the decision referred to above and in view of clear provisio..Category: Labour and Industrial Law | Date: | Hits: 137
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......d in Special Tribunal Case No.242 of 2000 is still in force for not preferring any appeal challenging the same by the state. He finally submits that in the facts and circumstances of this case and in view of the provisions of law mentioned above, the impugned proceedings is liable to be quashed to s..Category: Criminal Law | Date: | Hits: 97
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ......ent in the benami of his minor son from his own fund and possessed the same and after his death his 5 sons used to possess it and accordingly it has been recorded in R.S. and S.A. Khatian and in that view of the matter the intention, motive and source of money, possession dealing with, preparation o..Category: Property Law | Date: | Hits: 146
Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
....f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ......y properly determining the location of the suit land which can only be properly ascertained by local investigation through survey knowing Advocate Commissioner. 16. We receive support of the above view in the case Lakhmi Bazar Shahi Majid Committee and another Vs. St. Francis Xavier Girls High Sc..Category: Property Law | Date: | Hits: 84
M/s. Sonali Agency Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
....y call for from the Deputy Commissioner of Taxes and examine the record of any proceeding under this Ordinance and if he considers that any order passed therein by the Deputy Commissioner of Taxes is erroneous in so far as it is prejudicial to the interest of the revenue, he may, after giving the as......terest of the revenue, he may, after giving the assessee an opportunity of being heard, and, after making or causing to be made, such inquiry as he thinks necessary, pass such order thereon as in his view the circumstances of the case would justify, including an order enhancing or modifying the asse..Category: Fiscal/Taxation Law | Date: | Hits: 94
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ...... into notice of this Court that the election had already been held. The Election Board, which was aware of the order of the Court, was bound to obey the same even the suit was not maintainable in its view [reliance placed on 53 DLR (AD) 70 as cited by learned A.A.G.] 22. The allegations of not co..Category: Civil Law | Date: | Hits: 114
Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......r of Kofiluddin was impliedly upheld by this Court and therefore, this Court cannot decide its legality again in another writ petition. The petitioners, however, could have filed an application for review of the judgment and order in that writ petition on discloser of new facts and documents. 15...Category: Property Law | Date: | Hits: 82