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Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ...... learned trial Court as well as the appellate Court did not give any finding as to the taking/delivery of possession to the plaintiff by the defendants and that the appellate Court committed error in law in allowing the appeal without giving any finding as to whether the plaintiff was able to prove ..Category: Property Law | Date: | Hits: 103
Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ......he signature of the respondent No.2 granting administrative approval for construction of new Biaghat Union Parishad Complex Bhaban at Jogandronagar (Annexure-'G') should not be declared to be without lawful authority and of no legal effect and/or such other or further order or orders passed as to th..Category: Administrative Law | Date: | Hits: 261
Haji Azizur RahÂman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....te for the accused petitioners does not press this ground in view of the above decision. 7. The provision of section 241A which has been inserted in Chapter XX of the Code of Criminal Procedure by amending OrdiÂnance No. LX of 1982 runs as follows: "241A. When the accused appears or is brough......ur Rahman filed a petition of comÂplaint in the Court of the Upazilla Magistrate, Fatikchari, Chittagong alleging that on 16.12.82 the accused petitioners being armed with deadly weapons formed an unlawful assemÂbly along with other unknown persons, criminÂally trespassed into the complainant's h..Category: Procedural Law | Date: | Hits: 78
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ......nd obtained sanction of the government to prosecute the accused and thereafter an conclusion of the investigation, submitted charge‑sheet against the accused‑appellant under the above sections of law. The accused was arrested earlier but on his prayer he was granted bail. The case records were t..Category: Criminal Law | Date: | Hits: 110
Yunus Molla (Md.) Vs. State, 1995, 24 CLC (HCD)
....Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ......t conclusion of the trial but speaks about conclusion of the proceeding. 5. In that view of the matter period upto 27‑8‑89 cannot be excluded from the proceeding of the special case. Since the law makers consciously used the word proceeding in the aforesaid section 8(a) in contradiction to th..Category: Procedural Law | Date: | Hits: 95
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
.... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ......t no one furnished any indemnity bond for the release of the cargo. The defendant vessel arrived at Chittagong Port on 30‑3‑96 and it is stated in the plaint that the defendant Nos.1 and 3 had no lawful authority to deliver the cargo to any one without the production/surrender of the shipping do..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ......ildhood of them. Trial Court after vivid discussion of the evidence on record, both oral and documentary, believed the case of the plaintiff and decreed the suit. 6. It is the settled principle of law that trial Court always has an opportunity to consider the litigation from a very close dimensio..Category: Family Law | Date: | Hits: 122
State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)
....e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is disÂposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ......ssain, and why the concerned authorities will not be directed to inquire into and take appropriate measure in order to prosecute those involved in the incident both departmentally and under the penal laws of the country. 2. Initially the five taskforce security offiÂcials, who, as it transpired,..Category: Others | Date: | Hits: 87
Rakibuddin Talukder Vs. Government of BanglaÂdesh and others, 2009, 38 CLC (HCD)
..... Office is directed to send down the records of this case at once with a copy of Judgment for inforÂmation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ......separate written statement denying all the material allegations made in the plaint. 5. The case of the defendant No.1 are that the suit land was the khas land of Ex-landlords which by operation of law vested with the Government. The Government is now exercising its right of posÂsession in the su..Category: Property Law | Date: | Hits: 76
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ......2 Cr.P.C. for linking of the accused appellants with the crime and thereby to enable the accused appellants to explain the circumstances appearing against them. This being the mandatory provisions of law the accused appellants have been seriously prejudiced and as such the accused appellants should ..Category: Criminal Law | Date: | Hits: 83
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
.... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......erty" or 'dominion over property' of other person. But such 'entrustment with property' or 'dominion over property' may be acquired 'in any manner' as stipulated in section 405 of the Penal Code. The law markers, out of their wisdom, used the expression 'in any manner' instead of 'in a lawful manner..Category: Criminal Law | Date: | Hits: 116
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......erson duly authorized either by Government or Bangladesh Bank as required under section 23 of the Foreign Exchange Regulation Act, 1947 and that police lodged the FIR which is unauthrized and without lawful authority. It is further contended by the defence that a person is authorized to keep upto $5..Category: Criminal Law | Date: | Hits: 109
Osarunnessa Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......007 issuing warrant of arrest (Annexure-B) in violation of Section 34 of the Artha Rin Adalat Ain, 2003 and Order XXI Rule 37 and section 56 of the Code of Civil Procedure shall not be passed without lawful authorÂity and is of no legal effect. 2. The background leading to the Rule, in short, is..Category: Civil Law | Date: | Hits: 134
Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)
.... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ...... Shah Waqf Estate appointing receiver till disposal of the proceeding under section 32 of the Waqf Ordinance 1962, hereinafter in brief the Ordinance, should not be declared to have been made without lawful authority and is of no legal effect or such other or further order or orders passed as to thi..Category: Trust/Waqf Law | Date: | Hits: 85
Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
....icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ......name of the petitioner in the place of seller MM Khan and Co (Pvt) Ltd in respect of two vessels, namely, 'FVT Salsabil' and 'FV Zanjabil' (Annexure-E) shall not be declared to have been made without lawful authority and is of no legal effect and as to why the respondent No. 1 shall not be directed ..Category: Civil Law | Date: | Hits: 124
SM Siddiqur Rahman, Advocate Vs. Anti-Corruption CommiÂssion and others, 2011, 40 CLC (HCD)
....he Rule, for, the petitioner is a fugitive from justice. In the result, the Rule is discharged. There will be no order as to cost. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 112. ......n with the criminal case. Accordingly, she contends that, since admitÂtedly the petitioner has been a fugitive from justice at the time the Rule was issued is barred from seekÂing any protection of law. Accordingly, she submits that it is liable to be discharged accordingly. 2. Pursuant to the ..Category: Procedural Law | Date: | Hits: 104
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
.... posÂsible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ......essor in interest of the petitioners are different. The defenÂdants contested the suit and ultimately the trial Court after hearing the parties, considering the facts and circumstances, provision of law, evidence both oral and documentary decreed the suit in prelimiÂnary form vide Judgment and dec..Category: Procedural Law | Date: | Hits: 94
Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ...... the appellate order preferred second appeal before the Taxes Appellate Tribunal (the Tribunal, in short) and the Tribunal without considÂering the facts and circumstances of the case as well as the law disallowed leave pay and gratuity amounting to Taka 34,16,344, office entertainment expenditure ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ......ndents Judgment April 25, 2007. Result: The Rule is made absolute. The AcquiÂsition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982), section 3 The law of acquisition gives the Deputy Commissioner the power to acquire property in the likelihood of ..Category: Property Law | Date: | Hits: 62
Abul Hasnat Bepari Vs. Md. Hasan Ali, 1987, 16 CLC (HCD)
....ings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistrate, Taherpur is quashed. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 375. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.OppoÂsite-Party Judgment June 21, 1987. Result: The Rule is made absolute. If the complaint does not disclose any offence, it will be an abuse of the process of law...................................(7) Lawyers Involved: Nasiruddin Chowdhury, Advocate-For..Category: Civil Law | Date: | Hits: 144