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Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)
....reme Court High Court Division (Criminal) Present: AK Badrul Huq J Shahidul Islam J Md. Liton Miah alias Ripon………………………………Convict-Appellant Vs. The State………………………………Respondent Judgment November 28, 2006. Result: Th......t-appellant are all police Personnels, P.W.2, P.W.6 and P.W.7 had been tendered from prosecution and cross-examination had been declined from defence side. P.W.8 and P.W.9 had not been present at the time of occurrence and they are simply formal witnesses. P.W.1, P.W.4 and P.W.5 claimed to be presen......ondent Judgment November 28, 2006. Result: The appeal is allowed. Conviction and sentence under the Arms Act only on the basis of highly interested police witnesses In a charge for recovery of arms when a case has been installed and processed by the Police, they generally become v......dgment November 28, 2006. Result: The appeal is allowed. Conviction and sentence under the Arms Act only on the basis of highly interested police witnesses In a charge for recovery of arms when a case has been installed and processed by the Police, they generally become very much int..Category: Criminal Law | Date: | Hits: 125
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
.... August 7, 2009. Result: The rule is made absolute. Cases Referred to- Santosh Kumar Chakraborty Vs. M.A. Motaleb Hossain and another, 1985 BLD (AD) 59; Keshab Chandra Vs. Baliganj Estate Pvt. Limited, 76 CWN 281; Abdur Rashid and another Vs. Abdul Barik and another, 35 DLR (AD) 162;...... for setting aside the judgment and decree stating inter alia that the judgment and decree were obtained by practicing fraud upon the Court. The summons were not served upon the defendants and at the time of institution of the suit some of the defendants were dead. The plaintiffs fraudulently shown ......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ..Category: Procedural Law | Date: | Hits: 133
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
....urt Division (Criminal Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Joynul Abedin J Fakir (Md.) Tariqul Islam………………….………..Petitioner Vs. State and others…………………………….Opposite Parties Judgment November 20, 1996. ......ning. Requirements of section 6(5) of the said Act is mandatory and a Court or tribunal must obtain prior sanction from the Government for prosecuting a public servant if he continues to be so at the time of taking cognisance irrespective of the fact whether he is liable to be removed by the Governm......r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ......r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ..Category: Criminal Law | Date: | Hits: 130
....pecial Original Jurisdiction)
Present:
Mahfuzur Rahman J
M M Rubul Amin J
Moniruddin (Md.) Abedullah and others……………………………..Petitioners
Vs.
Controller of Examinations, Dhaka University and others…………………………….Respondents
Judgment
Octo......inst 423 examinees to the Discipline Board which as per examination rules of the University asked the Controller of Examinations to issue show cause notice to delinquent examinees and they replied in time. The Discipline Board considered the explanations in the light of facts as found by the Enquiry......0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
......0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
..
Category: Constitutional Law | Date: | Hits: 300
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
.... The Penal Code, 1860 (XLV of 1860), section 148 If both parties are found to have committed offence under section 148 of the Penal Code none of those is entitled to be acquitted on the ground that the other is the aggressor and in this respect law spares none………………………(9) R...... dated 10‑11‑84, Ext. 5 from Sultan Mia, and Jahar Mia, sons of Didar Ali and Sanju Ali, son of Maharuddin and the accused were in possession of 0.24 acre of lands in plot No.1545 on the date and time of occurrence and P.W.5 Chand Ali and his sons were not in possession of 0.24 acre of lands in ......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ..Category: Criminal Law | Date: | Hits: 75
Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)
....s Case is also Reported in: 50 DLR (HCD) (1998) 639. ......Mohammadpur, Dhaka was leased out to one Amir Hossain for 99 years by the Government of East Pakistan. Amir Hossain died on 27‑7‑70 leaving behind his only son Md. Ashraf Hossain, during his life time Amir Hossain inducted one Mollah Abdul Majid as bharatia. The said tenant left the case propert......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ..Category: Property Law | Date: | Hits: 71
Abdul Latif Howlader Vs. Additional Deputy Commissioner (Revenue) & others, 1998, 27 CLC (HCD)
....his Case is also Reported in: 50 DLR (HCD) (1998) 638. ...... contention that both the Board and the respondent 1 failed to apply their mind and came to illegal findings. The Board also failed to consider whether the vendor had more than 2 acres of land at the time of sale of the land in question. Last ground taken is that the judgment and order is neither pr......nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ..Category: Constitutional Law | Date: | Hits: 222
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
.... Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Mian J Bangladesh, represented by the DC Bogra……………………………….Petitioner Vs. Shudhir Chandra Nath………………………………..Opposite Parties Judgment March 23, 2011. Result: ......vidence on behalf of the defendant in the face of direct evidence on record from the side of the plaintiffs that defendant Nos.2 and 3 had no right, title and possession over the suit property at the time of requisition. The facts of possession of the plaintiffs have been proved by oral evidence a......e short facts which have given rise to the Rule are as follows: The plaintiff instituted Title Suit No.32 of 1973 for declaration of title to the suit land described in the schedule of the plaint and recovery of khas possession thereto in alternate for awarding a money decree of Taka 10,175.10 being......al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ..Category: Procedural Law | Date: | Hits: 111
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....cted to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......ently, the informant found the dagger under the window and reported the matter to the Thana Duty Officer at 7.30 PM on the very same day and he also handed over the dagger to the police at the same time. 4. On 4th of January, 2003 at about 9-00 AM, the informant delivered a letter to Sonali Ban......zed in his presence and the seizure list was not prepared in his presence. He also stated that he could not recollect the items mentioned in the seizure list and he was not aware about the place of recovery of the seized article. He further stated the I/O took signature on the seizure list two day......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ..Category: Criminal Law | Date: | Hits: 62
Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....udgment February 28, 2012. Result: The rules are discharged. When the appointments were made without following the rules and procedures and the same is also found in the enquiry report that the appointments were managed by way of irregularities and corrupt practice, there acquired no ve......m and nepotism. No quota was maintained. The candidates, filing applications, prayed for one post have been appointed in another post. All the members of the interview board were not present at the time of holding interview. The Government by a letter communicated under Memo No.স্বাপ......e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ..Category: Employment/Service Law | Date: | Hits: 148
....arged without any order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 373.
......
9. Though, there is no permission to move the application but the learned Advocate for the petitioner moved the application and obtained Rule, which appears to be a misconduct of an Advocate. At the time of hearing of the Rule, we asked for the original of those documents but the learned Advocate f......es of the case, we do not find any substance in the instant Rule.
The Rule is therefore, discharged without any order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 373.
......es of the case, we do not find any substance in the instant Rule.
The Rule is therefore, discharged without any order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 373.
..
Category: Property Law | Date: | Hits: 73
....orted in: 7 LG (HCD) (2010) 152.
......ition, the respondent No.5 could not comply the terms and condition of Annexure-C and as such the Ministry of Jute lawfully rescind the said 'No-objection'. It has been further stated that in the meantime the loan giving Uttara Bank obtained a money decree against the management of Taj Jute Backin......greement, Annexure-B, which has been acted upon by both the parties, his relief lies in the forum of Civil Court in a properly framed suit for Specific Performance of Contract or in alternative for recovery of damage. Which, if the petitioner so desires, may initiate even on his failure in this wr......t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
..
Category: Administrative Law | Date: | Hits: 299
....r
Vs.
Biresh Ranjan Dhar and others…………………………….Opposite Parties
Judgment
November 12, 15, 2009.
Result:
The Rule is discharged.
Case Referred to-
Radha Nath Mukherjee Vs. Saktipada Mukherjee, (1936) 58. All.
Lawyers Involved:
Fazlul Haque, Advocat...... B.S. and he took possession of the property of schedule 1 and 2 after the death of said Rahmani Mohan and was growing paddy and was also enjoying the same. The said Rahmani Mohan Das during his life time created 2(two) debutter deeds dated 27th Chaitra 1333 B.S. 1st of Falgun 1351 B.S. espectively ...... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
...... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
..
Category: Property Law | Date: | Hits: 102
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....s are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......Shariah. The Petitioner was also elected as a Member of Parliament in 1996 and 2001 from the Pirojpur-1 constituency of Bangladesh. It is further stated that the Petitioner performed Hajj a number of times and regularly performs Umrah. Since 1973, he has performed pilgrimage (Hajj/Umrah) to Mecca an......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ..Category: Constitutional Law | Date: | Hits: 147
Rafiqul Islam Vs. State, 2009, 38 CLC (HCD)
....10) 9. ......itioner were prima facie proved and thus submitted charge sheet. Mr. Mobin further submitted that trial had already commenced and 3 (three) prosecution witnesses have already been examined in the meantime and at this stage the accused-petitioner cannot be enlarged on ball. 8. From the F.I.R it ap......Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ......Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ..Category: Criminal Law | Date: | Hits: 88
Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)
....t Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......under the cot of his rented house belonging to one Salim Haji and no revolver with bullet were recovered from the control and possession of convict appellant Mirza alias Mizan on the alleged date and time. Learned D.A.G submits that convict appellant had conscious knowledge about the alleged arms an......dgment dated 30.07.2005, Memo of Appeal with grounds stated therein and heard the learned Advocate for the convict-appellant as well as the learned D.A.G. for state. 11. To establish the charge of recovery of illegal arms and ammunition prosecution examined 7 witnesses while the defence examined ......e…………………………Respondent Judgment May 8, 2007. Result: The appeal is allowed. The Arms Act, 1878 (Act No. XI of 1878); Section 19A and (f) Mere knowledge about any arms and ammunition is not enough to make someone liable for conviction under Section 19A and (f) of..Category: Criminal Law | Date: | Hits: 65
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
....rds. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......mar Chowdhury, a passport, air ticket, etc. for UK to be procured within five months from the date of execution of the deed and the balance consideration of amount of Taka 11,000 would be paid at the time of execution of the sale deed after taking necessary income tax clearance and permission and po......t for sale of the suit property and obtained a sale deed from Samir Kumar Chowdhury. 3. Syeda Sirajunnessa Khatun (the defendant) instituted Title Suit No. 157 of 1977 for declaration of title and recovery of possession of the suit property against the plaintiff which on transfer was renumbered a...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....thout any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982); section 3 Under section 3, the notice is required to be published at convenient places on or near the property in the prescribed form and manner stating that the prop......e the particulars of the property to be acquired and taken possession of. and shall require all persons interested in the property to appear personally or by agent before the Deputy Commissioner at a time, not being earlier than fifteen days after date of publication of the notice, and place mention......rcation of the proposed land was mentioned in the notice under sections 3 and 6 of the Ordinance. The petitioner collected a notice which revealed that the Assistant Commissioner (Land) took step for recovery of the khas land measuring 6.30 acres of RS plot No. 2357. Respondent No. 9 issued a letter......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....urt, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ...... transfer, or create any encumbrance or charge on, any such interest in any khas land in any manner otherwise by temporary lease, but no such lease shall be given for a period exceeding one year at a time expiring on the last day of the agricultural year in which it is created......except with the......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
....ore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......can a tax be introduced or imposed by implication……………………………..(24) Under section 4(2) of the VAT Act the words "Customs Act" was inserted by way of reference only fixing the time to submit bill of entry and it deals with in respect of rate of VAT. There is no question of de......ms Act for realization of VAT under the VAT Act, and there is a clear distinction between charging provision of a statute and machinery part thereof and it is well settled that the mode and manner of recovery does not alter the nature of a tax nor can a tax be introduced or imposed by implication an....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
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