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Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......en the informant along with his force entered into that office and after searching their body recovered those notes from the pocket of accused No.3 and made the seizure list and for which the accused persons committed the offence under sections 161/165(ka)/109 of the Penal Code read with section 5(2..Category: Criminal Law | Date: | Hits: 142
....lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case.
Ed.
This Case is also Reported in: 55 DLR (2003) 430. ......case initiated under the Arms Act cannot be the good ground for preventive detention. The other allegations that the detenu being a political activist in co‑operation with various organisations and persons in carrying on illicit activities on behalf of a particular political organisation in order ..
Category: Criminal Law | Date: | Hits: 104
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
.... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......the said goods by auction dated 25-6-2007 and auction purchased money of Taka 6,16,790 was deposited to the treasury on 2-7-2007. Their further case is that the claimed of the petitioner that the BDR personnel seized the goods from the custody of the petitioner is a disputed question of facts and di..Category: Criminal Law | Date: | Hits: 94
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ...... bidders for auction sale of the schedule property. The tender notice was published in 'The Daily Janakantha' on 23-4-2009, and on 28-4-2009 some officials of decree-holder bank along with some other persons went to the schedule property when they disclosed that they would take over the possession o..Category: Civil Law | Date: | Hits: 229
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......am, was behind him. He was caught by 2 miscreants. During retreat of the miscreants Azizul Islam told that he had recognised them. Hearing this they attacked Azizul Islam. Rasmat gave dao blow on the person of Azizul Islam, Mokbul Hossain gave dao blow on right side of the head of the Azizul Islam a..Category: Criminal Law | Date: | Hits: 103
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......secution story, in brief, is that one Entajullah as informant lodged a First informant Report with the local police station against some accused on 21‑2‑1999 alleging inter alia, that the accused persons are dangerous and desperate in nature in the locality and accused persons are always trying ..Category: Criminal Law | Date: | Hits: 86
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279.......nd perused the record. 7. At this juncture, we deem it prudent to refer to section 138(1) of the Negotiable Instruments Act. Section 138(1) of the Act contemplates that where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another p..Category: Criminal Law | Date: | Hits: 120
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......ice. He further submits that the impugned order has been issued malafide and without jurisdiction and without lawful authority inasmuch as although the Government may have the authority to retire a person as per the aforesaid statutory provision but in the instant case the impugned order has been ..Category: Employment/Service Law | Date: | Hits: 157
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
....ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272.......equest of the Local Audit Agency. The law provides that the VAT authority ought to have issued notice under section 55(1) of the VAT Act on account of any discrepancy for paying VAT by any company or person who is registered under VAT authority. The VAT authority without complying with the procedu..Category: Fiscal/Taxation Law | Date: | Hits: 196
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288....... as an abandoned property under that Order to be illegal or invalid or directing the Government or any officer or authority subordinate to it to return, restore, or transfer the building to any other person, or (b) suit, appeal, application or other legal proceeding is pending before any court..Category: Property Law | Date: | Hits: 90
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......Constitution, the citizenship of a Bangladeshi shall be determined and controlled by law enacted in this behalf. President's Order No.149 of 1972 was promulgated in order to determine the status of a person living in the country. 8. Article 2 of the said President’s Order runs to the followi..Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434....... that the suit land has been acquired in LA Case No.138/1961-62 and the possession of the said acquired land had already been taken by RAJUK and the plaintiff got a plot from the RAJUK as an affected person and also received compensation from the RAJUK and in view of acquisition of land by the RAJUK..Category: Procedural Law | Date: | Hits: 108
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
.... On a plain reading of section 4 of the Act, it appears to us that a notice under sub-section (1) of section 4 may be issued when the Government is satisfied on receipt of information or after making Inquiry as it may deem necessary, asking any person or any other person on his behalf whether he is ......61A of the Code of Criminal Procedure for quashing the proceedings of the said case on the ground that an FIR lodged under section 4(1) and section 5(1) of Anti-Corruption Act, 1957 against a private person is not maintainable as the provisions of these sections have no manner of application against..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......stice when the injustice to be remedied is grave in character and ends of justice are put to jeopardy and also to correct patent illegalities. 12. Ordinarily criminal proceeding against an accused person must be tried under the law of the land and the High Court Division will be reluctant to inte..Category: Criminal Law | Date: | Hits: 112
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242.......te - For Appellants. Forhad Ahmed, Deputy Attorney-General - For the State. Criminal Appeal No.3395 of 2001. Judgment M Enayetur Rahim J.- This appeal at the instance of 3 (three) convict persons is directed against the judgment and order of conviction and sentence dated 21-6-2001 passed..Category: Criminal Law | Date: | Hits: 112
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......hether the cases complained of and in relation to which the plaintiff-appellant filed the instant suit for compensation are frivolous and vexatious civil proceedings causing damage to her reputation, person, freedom or property. In other words, it is important to find out whether the defendants-resp..Category: Property Law | Date: | Hits: 144
....stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
......property and the same cannot be put to sale. Article 102(2) of the Constitution of the People’s Republic of Bangladesh reads as follows:
“102. The High Court Division on the application of any person aggrieved, may give such directions or orders to any person or authority, including any perso..
Category: Property Law | Date: | Hits: 85
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ......ould not be allowed to short-circuit them by a petition under article 98 of the constitution. It was clearly laid down in that case that 'resort to the High Court's summary jurisdiction should not be personated if it amounts to circumvention of the normal process of law’." 15. The relief sought..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......here and she ultimately identified the dead body as of her husband Makhon Chandra Das. They also notice some cut injuries on various parts of the body. The informant then understood that some unknown persons might have killed her husband after 11-00 PM on 12-8-1998 while he was guarding his paddy la..Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ...... the money by preparing seizure list in presence of the witnesses, but co-accused Swapon fled away. 3. After investigation the Anti-Corruption Commission submitted a report against 2 (two) accused persons including the accused-petitioner under Rule 10 of the Anti-Corruption Rules, 2007 with a rec..Category: Criminal Law | Date: | Hits: 84
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