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Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)

....ompanied forces on 6-10-2004 when was on Patrol duty for recovering unauthorized arms and arresting the miscreants of Demra, Sabuj-Sutrapur, Motijheel, Khilgoan Shyampur and Narayanganj area, at that time the informant part came to know that a man was waiting in the garage 1 of Shah Alam of Khahipur......me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ..

Category: Criminal Law | Date: | Hits: 99

STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)

....ion, it would be profitable to repeat what Lord Loreburn L.C. said in the case of Vickers, sons of Maxim Limited Vs. Evans 1910 AC 444: "My Lords, this appeal may serve to remind us of a truth sometimes forgotten, that this House sitting judicially does not sit for the purpose of hearing appeals ....... Accordingly, the application under sec­tion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..

Category: Alternative Dispute Resolution | Date: | Hits: 506

Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)

....ection 26 of the Arms Act, the District Magistrate is not empowered to issue an order for seizure of arms. Only the Government is empowered to seize arms of any person and to detain the same for such time as it thinks necessary for the public safety……………(8) Lawyers Involved: Nitai Ro......702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ..

Category: Criminal Law | Date: | Hits: 77

National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)

....would stand transferred in the respective Artha Rin Court within the District. . . According to Section 3 of the Act the provisions of this Act will be effective notwithstanding any other law for the time being in force……………………………..(13) The counter claim of the defendant is ......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ..

Category: Civil Law | Date: | Hits: 106

Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)

....oly Quran, or articles usually used for religious purpose e.g. Tasbih, Jai namaj etc. It may be other considerations as well. These kind of transfers have been taking place in this country for a long time and have been mentioned in at least one statue i.e. in section 96(10) of the State Acquisition ......been produced by the plaintiff with regard to the nature or gravity of ill­ness of the executant or as to why he failed to make arrangement for the registration of the document during the illness by appointment of a Commissioner. 48. The submission of the learned Advocate for the opposite party ..

Category: Property Law | Date: | Hits: 139

Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)

....and his name was duly recorded; that during the partition of India, the schedule land was in the territory of the then East Pakistan now Bangladesh and he was obstructed to use the land; that at that time the father of the plaintiff and the father of the defendant lived in the territory of District ......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ..

Category: Procedural Law | Date: | Hits: 114

Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)

....ice. He denied the defence suggestion that as a matter of fact no pipe gun and no country-made gun was recovered from the possession of the accused-persons. This witness also admitted that during the time of recovery, local people, rickshaw puller and other shopkeepers were present. He also stated t...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ..

Category: Criminal Law | Date: | Hits: 78

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

....true when it appears on reading of the confessional statement that the maker accused took active part in commission of the offence. This confessional statement is not only exculpatory but at the same time it speaks an unholy connection with the informant to make it a totally unreliable piece of pape......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..

Category: Criminal Law | Date: | Hits: 89

S.M. Ahsan Kabir Vs. Election Appellate Tribunal (Upazilla Election Parishad) and others, 2010, 39 CLC (HCD)

....etition). For the discussion made above we do not find any merit in this Rule. In the result, the Rule is discharged, however, without any order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in......ever, without any order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 289. ..

Category: Election Law | Date: | Hits: 600

Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)

....ents Judgment February 4, 2010. Result: The Rule is made absolute. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003); section 33 After the institution of the Execution Case in time, the Adalat will take steps to sell the mortgage property in auction first under the provision ......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ..

Category: Civil Law | Date: | Hits: 174

Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)

....ge (In-charge), Fourth Court, Dhaka in Title Suit No.251 of 2001 should not be set aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule operation of the impugned judgment and decree dated 29.11.2004 passed b......of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ..

Category: Procedural Law | Date: | Hits: 99

Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)

....ticularly those in favour of the accused should be placed before the court. It is a course not obligatory on the pub­lic Prosecutor to examine any number of witnesses on the same point regardless of time. The failure of the accused to produce evidence does not relieve the Public Prosecutor of his d...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..

Category: Criminal Law | Date: | Hits: 84

State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)

....ed and fixed for hearing today. Though the Rule was adjourned on the ground of illness of the learned Advocate and he was directed to appear before this Court after recovery of his illness in the meantime, today the said learned Advocate has not appeared but his junior has appeared on his behalf. In......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ..

Category: Criminal Law | Date: | Hits: 87

Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)

....eral Dairy No. 468 dated 13-7-2001 led a police force on a special police expedition in Union Parishad No. 15 Mandari; that at about 3-00 AM in the course of the expedition, they halted for some time on the Lakshmipur Chowmuhani Highway to the west of Battali Bazar; that thereafter at about 3-1...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ..

Category: Criminal Law | Date: | Hits: 92

United Mineral Water and PET Industries Ltd. Vs. Commissioner, Customs, Excise and VAT Commissionerate and others, 2007, 36 CLC (HCD)

....ax payer. Invoking and/or resorting to section 37 while issuing a notice under section 55(1) of the VAT Act therefore could not be said to have been issued bona fide for the simple reason that at the time of issue of the notice, the authority concerned had not yet arrived at as to any evasion of VAT......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 734. ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....iliate of Stevedoring Services of America, an USA-based Company, and without considering the applications of other applicants who applied for establishment of such container terminals at the relevant time and without inviting international tender to and that as per provisions of the Chittagong Port ......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ..

Category: Others | Date: | Hits: 113

BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)

....ized, and therefore, void. 10. She also submitted that the right to appeal is a creature of a stature and in order to exercise such right whatever procedure and condition that was available at the time would be available and enforceable to the appellant even after omission of such provision by su......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)

....he statute i.e. the Artha Rin Adalat Ain, 2003 about the fate of the execution case if it does not conclude within 90+60=150 days, the provision of section 37(1) of the Ain, 2003 so far it relates to timeframe for disposal of the execution case is directory and not at all mandatory.……………â€......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ..

Category: Civil Law | Date: | Hits: 136

Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)

....appellants under section 398 of the Penal Code The accused were placed in trial being charged under section 398 of the Penal Code. The accused pleaded not guilty and claimed to be tried. 4. At the time of trial, the prosecution has presented as many as 5 witnesses in support of the prosecution ca...... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ..

Category: Criminal Law | Date: | Hits: 86

Chairman, Bangladesh Water Development Board and others Vs. Md. Abdur Rahman and another, 2008, 37 CLC (HCD)

.... service on 15.12.1961 and thereafter his service book was opened by the authority as an employee and his pay was fixed as per national pay scale introduced by the Government and he got increment and timescale from time to time. He also submits that another Regulator Khalashi Md. Abdus Sattar by the......gladesh Water Development Board is an autonomous semi Government Organisation and its employees are not Government employees. He also submits that the plaintiff is a casual employee and got temporary appointment to the post of regulator Khalashi, a labour, under the defendants and his grievance can ..

Category: Employment/Service Law | Date: | Hits: 166