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Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)

.... Office is directed to send down the record of the case at once with a copy of the Judgment for infor­mation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ...... any merit in the submissions advanced by the learned Counsel for the opposite party Nos.1-6. 15. Having considered the facts and circum­stances of the case and foregoing narrative, we are of the view that the impugned order suffers from legal infirmities, which calls for interference by this Co..

Category: Criminal Law | Date: | Hits: 177

Habib Khan Vs. State, 2012, 41 CLC (HCD)

....ore Hafazat Nirapad Abssan are directed to set at liberty the vic­tim Mosammat Rokeya Dil Afroz Munmun forth­with. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......d that it will be fit and proper and in the interest of the victim girl if she is released from custody and allow her to go with any one according to her will and choice. We find support of the above view in the case of Bashu Dev Chatterjee Vs. Umme Salma, 8 BLT (AD) 168 = 51 DLR (AD) 238 and in the..

Category: Criminal Law | Date: | Hits: 176

Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)

....as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......ing the mandatory provision of section 47 of the Ain, 2003. The bank was barred from filing any suit for recovery of its principal loan amount plus more than 200% interest accrued thereon and in such view of the matter the impugned orders should be declared illegal and without jurisdiction. 12. ..

Category: Civil Law | Date: | Hits: 254

Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)

....er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......hen a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him along." 34. In view of the provision of law and evidence adduced, the points for determination are: (i) How far ..

Category: Criminal Law | Date: | Hits: 153

Ranjit Vs. Bangladesh, represented by the Secretary, Ministry of Jute, Bangladesh Secretariat, Dhaka and others, 2007, 36 CLC (HCD)

....cted to pay the salary and other benefit to the petitioner in accordance with law. 10. However, there will be no order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 19. ...... find any reason not to treat the sweepers as workers as per definition of worker provided by Act XVII for 1994.” The facts and circumstances of the present case being similar we also hold the same view as taken by the said Bench. 7. Accordingly, we do not find any force in the submission of Ms..

Category: Criminal Law | Date: | Hits: 143

A. Aziz Mollick Vs. State, 2008, 37 CLC (HCD)

....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. ......usion of enquiry and trial and if the property is subject to speedy or natural decay may after recording such evidence as it thanks necessary, order it to be sold or otherwise disposed of." 14. In view of above provisions of section 516A of the Code the Court is entitled to release the property a..

Category: Procedural Law | Date: | Hits: 194

Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)

....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: ......e appellants. 19. For coming to a proper decision about sustainability of the impugned judgment and order of conviction and sentence we need to examine and assess the evidence on record keeping in view of the charge framed. Accordingly the evidence on record is briefly presented below: P.W.1 M..

Category: Criminal Law | Date: | Hits: 170

Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

....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. ......alue" as to which consignment showed the higher price and how such incompatibility with the "recorded value" renders the CRF certificate inoperative Paragraph No.17 of the Nothi also referred that in view of Article 8(2) of the PSI Order the goods may be released upon furnis­hing a bank guarantee o..

Category: Fiscal/Taxation Law | Date: | Hits: 194

Kamal Imports and Exports Ltd. & another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)351. ......on the approved value at the supply stage of the goods and received the rebate of the input tax against the goods cleared against respective bills of entry. 38. The lordships further held that "In view of the payment of trading VAT more than the amount of the advance VAT determined and securedly ..

Category: Fiscal/Taxation Law | Date: | Hits: 220

Gopinath Das and others Vs. Government of Bangla­desh & others, 2010, 39 CLC (HCD)

....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. ......-called original plaintiff by virtue of an unregis­tered amalnama of 1339 BS which did not work out on account of series of mistakes and finally rested in a dakhila allegedly granted by GC Basak. In view of the peculiarities, he contended, the suit itself is meritless, frivolous and not maintainabl..

Category: Property Law | Date: | Hits: 149

Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)

..... 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. ......the point of giving notice demanding payment of the amount within seven (7) days does not at all arise." 9. Thus on agreeing with the decision cited in the said Judgment we are also on the similar view that since section 138(B) of the Negotiable Instruments Act do not prescribe any time limit as ..

Category: Civil Law | Date: | Hits: 217

Shah Alam (Md.) Vs. Bangladesh Water Deve­lopment Board, 2012, 41 CLC (HCD)

....rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......plica­tion under section 33 of the Arbitration Act a nullity in the eye of law for non-compliance of the provi­sion to section 33 of the said Act and the learned Subordinate Judge rightly took, the view that non-compliance of the proviso to section 33 of the Arbitration Act rendered the said writt..

Category: Civil Law | Date: | Hits: 195

Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)

....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. ...... gross illegality has been com­mitted by the Court below, it must have to be recti­fied for ends of justice. 10. So far the question of limitation of the Execution Case is concerned, we hold the view that neither the particulars of the concerned Execution Case along with the date of money decre..

Category: Civil Law | Date: | Hits: 161

Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)

....Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......ort of the opposite parties namely, Entaj Shaikh and others, on the other hand, has contended that the order passed by the learned Sessions Judge suffers from no illegality or lack of jurisdiction in view of the fact that in parsing an order under the Second proviso to sub-section (4) of section 145..

Category: Criminal Law | Date: | Hits: 88

Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)

....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. ......n of the proceeding against the petitioner would be a sheer abuse of the process of the Court and harassment of the accused and for ends of justice the proceedings are liable to be quashed. 5. The view that we have taken finds support from a decision of the Division Bench of this Court reported i..

Category: Criminal Law | Date: | Hits: 62

Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)

....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. ......ntemplates powers of the Special Judge to order investigation or further investigation by a Policy Officer at any stage of the proceeding before cognizance has been taken and trial has begun. In this view we are of considered opinion that learned Special Judge acted without jurisdic­tion and legal ..

Category: Criminal Law | Date: | Hits: 70

Juman Mia Vs. Zainab Bibi, 1983, 12 CLC (HCD)

....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. ......ents of section 106 of the Trans­fer of Property Act and in such circumstances the requirements of section 106 of the Transfer of Property Act have been more than complied with. I am supported in my view by the decision in the case of Pannalal Biraji Vs. Kalyanmal AIR 1961 MP 232, where it has been..

Category: Property Law | Date: | Hits: 73

Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)

....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. ......use according to their agreed terms of business the peti­tioner was getting credit facilities which were restricted by the opposite party at whose instance the post-dated cheques had been issued. In view of such position we cannot see how the petitioner by deceiving the opposite party fraudulently ..

Category: Criminal Law | Date: | Hits: 67

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....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. ...... Office of the District Magistrate, Chittagong No.1919/J.M, dated, Chittagong, the 25th October, 1984. ORDER Whereas I, Md. Omar Farooq, District Magistrate, Chittagong am satisfied that with a view to preventing Mr. Jamaluddin Ahmed @ Jamal Ahmed s/o. Haji Bashir Ahmed of Bakulia, P.S. Chandg..

Category: Criminal Law | Date: | Hits: 78

Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....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. ......time has lapsed but there is no assertion by the petitioner, either in the petition or in the supplementary affidavit that no such 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..

Category: Property Law | Date: | Hits: 67