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Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......................Petitioner Vs. Deputy Commissioner, Brahmanbaria and others....................Opposite parties Judgment August 28, 2007. Result: The Rule is made absolute. The law of enemy property died with the repeal of Ordinance No.1 of 1969 on 23.3.74 and no further veste..Category: Property Law | Date: | Hits: 155
....ion that the sweepers are not worker and they being public servant as per Act XII of 1974, their retirement age is to be guided by the said Act XII of 1974 even after promulgation of Act XVII of 1994 amending Ordinance XLVII of 1986. The sweepers are not in the employment of any managerial, administ......passed by the respondent No.4 directing the petitioner to go on retirement on 31.12.2005 on completion of 57 years of age (Annexure-A) shall not be declared to have been passed and issued without any lawful authority and of no legal effect.
2. Facts necessary for disposal of the Rule in short are..
Category: Criminal Law | Date: | Hits: 143
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: ......ult: The appeal is dismissed. First Information Report (FIR) The main purpose of an First Information Report (FIR) is to give information of a cognizable offence to the police and to set the law in motion. So even if the GD is treated as the FIR, and the formal FIR as a statement recorded u..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. ......1374 dated 22-06-2003 (Annexure 'A-2') issued by respondent No.3 seeking encashment of the bank guarantee No. BASB/L-GTEE/00001/2001 dated 23-3-2001 should not be declared to have been issued without lawful authority and is of no legal effect and as to why the respondents should not be directed to r..Category: Fiscal/Taxation Law | Date: | Hits: 194
....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.
...... is not denied in the affidavit-in-opposition that the petitioner did not take rebate of 15% but only it was stated that the petitioner did not take rebate within 30 (thirty) days as per provision of law which is a separate matter, the respondents can take another procedure but cannot refuse to give..
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. ......ion that the learned judge while sitting over an application under Order IX, rule 13 of the Code has travelled beyond his jurisdiction and dwelt in the merit of the case which is not permissible in law. 25. Mr. Mahbubey Alam, learned Attorney-General, appeared on behalf of the Government and su..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. ......re taken but the gist of the ground are that the petitioner mainly became aggrieved on the time given in the notice issued on 27-2-2006 in it was not in conformity with the time as framed under the law as provided under section 138(B) of the Negotiable Instrument Act. 5. Mr. Harun-or-Rashid, th..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. ...... Engineer, Gomati Water Development Division, Bangladesh Water Development Board, Comilla; (here we tempted to note that whenever our national poet, Kazi Nazrul Islam went to Comilla, his father-in-law's house, he spent time on the bank of river Gomati and in some of his eternal songs river Gomati..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. ......filed earlier and it was dismissed on limitation ground. So, the 2nd execution case bearing No.2 of 2002, in which the impugned order of attachment was passed, is also barred under Article 182 of the law of limitation. In this respect, the learned Advocate has relied upon the case of Babul Chowdhury..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. ......ide the order of the Sub-Divisional Magistrate insofar as it relates to the order of attachment and appointment of the Receiver and the learned Magistrate was directed to proceed in accordance with law. Thereafter the Sub-Divisional Magistrate notified both the parties and after hearing both the..Category: Criminal Law | Date: | Hits: 88
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
..... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ......e 8 C.P.C. and it was incumbent upon the Court to investigate the claim of respondent before making any order. The learned Subordinate Judge, however, did not make any investigation in accordance the law and did not ask the parties to adduce any evidence and has passed the impugned order simply on..Category: Procedural Law | Date: | Hits: 146
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. ......He has next submitted that although the learned special Judge could summon witnesses or examine any person if his evidence appeared to him essential for the just decision of the case, he cannot under law direct the police or the investigating agency to make further investigation of the case after th..Category: Criminal Law | Date: | Hits: 70
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. ......heat existed from the very beginning. Its subsequent exhibition is not a test of cheating. The initial intention to deceive having not been proved the conviction under 420 of the Penal Code is bad in law because the mere fact that the petitioner refused liability subsequently does not necessarily ..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. ...... the President. Sd/27.2.85. Sr. Scale Section Officer." 4. The said order was served on the detenu on 28.2.85. This order was served on the detenu on 28.2.85. The detenu was thus detained unlawfully from 23.2.85 to 27.2.85 without any order of detention whatsoever and the detaining authori..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. ......nt and such right has not been given effect to. Any letter, which is not a legal instrument to create any legal right and which only lays down the policy of the Government, does not have any force of law and thus Article 102 of the Constitution cannot be invoked.…………………………..(9) ..Category: Property Law | Date: | Hits: 67
Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)
....the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ...... Therefore, the cited decision is fully applicable to this case. 25. From what we have discussed above considering the facts and circumstances of the case and evidence on record and the cited case law, we are of the view that the prosecution has failed to prove the charge against the accused appe..Category: Criminal Law | Date: | Hits: 91
Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)
....ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ...... of appeal below without considering the merit of the application filed under Order IX, rule 9 of the Code of Civil Procedure, decided the merit of the pre-emption case which is not permissible under law. Secondly, the Court below failed to appreciate that the petitioner was prevented by sufficient ..Category: Procedural Law | Date: | Hits: 133
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ...... within the period of limitation and there was proper cause of action for filing of the suit and the learned Judge of the Adalat in consideration of legal and factual questions involved in the case lawfully rejected the application on merit; whether the goods were damaged or not in a disputed ques..Category: Civil Law | Date: | Hits: 176
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
..... Hence, the Rule is discharged. Stay granted earlier by this Court be vacated. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......f such tribunal. Under Article 152 of the Constitution the word "Court" includes "Supreme Court". Again Article 102 (2) clearly provides that when no other equally efficacious remedy is provided by law any person aggrieved can invoke Article for redress. So it is clear that the Administrative Trib..Category: Administrative Law | Date: | Hits: 455
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....s from the places wherein their homesteads are situated considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......15-11-2003 asking the petitioner to vacate the land in question showing the same to be acquired in LA Case No.5 of 1972-73 within 7 days should not be declared to have been made illegally and without lawful authority and is of no legal effect. 4. In Writ Petition No.1973 of 2005 the petitioners..Category: Property Law | Date: | Hits: 89
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