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State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
....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. ......made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 426 Though the appellate Court including the High Court Division may enlarge a convict on bail for reasons to be recorded by it such a convict is not entitled to be released on bail if he is sentenced to suffer im...... 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 spite of service of the Rule long before no cause has been shown. Learned Advocate appearing for the appellan..Category: Criminal Law | Date: | Hits: 87
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
....d one miscreant named Mohin Uddin with arms and recovered from him one country-made pipe gun and 4 rounds of live cartridges which were found hidden in the waist of the lungi and recovered some other goods; that there was exchange of firing for about 15 minutes before he was nabbed. 3. The inform......icer namely Abu Bakar Siddique continued investigation and submitted charge sheet being No. 312 dated 4- 11-2001 under section 19A and 19(f) of the Arms Act against the accused appellant. The case record was sent to Special Tribunal which was registered as Special Tribunal Case No. 40 of 2001. ...... 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
....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.
......inasmuch as the proposed container terminals if established will destroy the existence and functioning of the existing Chittagong Port and that the approval has been given without evaluating the past record of the respondent No. 8 as to its capability of performance, financial soundness and in the a......tled to give such decision, under the provisions of the relevant law on the relevant subject and such decision shall be implemented accordingly and that said sub‑section 5 relates to facilities and services required for implementation of any project approved by the Board of Investment. The learned..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....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. ......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. ......6. Dealing with the above facts may be not necessary for disposal of the issue(s) that are involved in this Rule but may be illuminating and reflective on the difference of remuneration in the public service and so-called charitable service, when is considered at the background of the national pay s..Category: Fiscal/Taxation Law | Date: | Hits: 171
Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)
.... 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. ......l, the prosecution has presented as many as 5 witnesses in support of the prosecution case and the defence adduced none. The trial Court after closing the evidence and on considering the materials on record convicted the appellants along with two others by the judgment and order of conviction dated ...... 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
....he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
......dvocate for the opposite party files a counter affidavit and submits that the plaintiff has succeeded to prove his case before the Courts below and considering the facts, circumstance and evidence on record, the trial Court decreed the suit and the lower appellate Court affirmed the judgment passed ...... in the Court of Assistant Judge, Sadar, Kurigram impleadine the petitioner Nos.1-4 as defendant Nos.1-4 and prayed for a decree for declaration that he is entitled to get gratuity, pension and other service benefit as a regular Government employee.
3. The case of the plaintiff is that he joined ..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......use of action to file the suit by the plaintiff and the suit is liable to the dismissed. 4. During the course of trial the learned Assistant Judge, Court, Dhaka on consideration of the evidence on record and after perusing the paper, documents and exhibits dismissed the suit of the plaintiff by h......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ..Category: Civil Law | Date: | Hits: 94
Mrs. Rokeya Begum Vs. Chartered Credit Cooperative Ltd., 2009, 38 CLC (HCD)
....itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......2006 as the next date and the accused petitioner appeared in Court on 03.05.2006 and obtained bail. 5. The case was later on transferred to the Court of the learned Sessions Judge who received the records on 27.07.2006 and having taken cognizance sent the case to the Court of the learned Metropol......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ..Category: Criminal Law | Date: | Hits: 70
.... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
......iod of l(one) month so that the applicants-may move the Appellate Division in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
......vers surrounding Dhaka City is linked to the survival of the capital city Dhaka. The structures made by the Government organizations within the rivers and their foreshore land only for public utility service shall remain intact and those structures do not tentamount to encroachment on the rivers.
..
Category: Environmental Law | Date: | Hits: 731
Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)
.... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ......d sentenced him there under and as such the question of commutation of the sentences awarded against the convict-petitioner does not arise at all. 7.We have gone through the evidence and materials on record. The prosecution, with a view to bring home the charges to the convict-petitioner, examined a...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ..Category: Criminal Law | Date: | Hits: 81
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....nal Code and at the time of occurrence the accused party made incriminating gunshot to the informant party in order to capture the boat and the persons present in the boat and also to take away the goods from them and for the gunshot of the accused party Saiful Islam Chowdhury met with his death a......police of Chokoria had arrested one dacoit alive and another dead. He having been at Chokoria Police Station immediate after occurrence found the Officer-in-Charge of Moheshkhali Police Station who recorded the First Information Report (in short, the FIR) on the basis of his verbal narration and a......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be communicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ...... Chandra Mohan Majumder, Shashi Mohan Majumder, Proshanna Mohan Majumder, Boshanta Mohan Majumder, Nagendra Mohan Majumder, Brojendra Mohan Majumder, sons of late Golak Chandra Majumder and have been recorded 131/2 Anna joma in previous khatian No.75, by registered kabuliyat dated 6th Srabon, 1267 B......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ..Category: Property Law | Date: | Hits: 83
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......and sent the same to morgue for PM examination and report. Police visited place of occurrence, prepared Map with Index of the place of occurrence seized alamat by seizure list, examined witnesses and recorded their statements under section 161 CrPC. After conclusion of investigation charge-sheet was......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ..Category: Criminal Law | Date: | Hits: 93
....on similar facts and are being disposed of by this judgment.
2. The petitioners are internationally, reputed Pre-shipment Inspection, Agencies engaged in the business of pre-shipment inspection of goods exported from different countries and they were duly approved as such by the Government of Ban......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
......25‑1‑2000) shall be part of the contract. Pursuant to the aforesaid contract the petitioners who had been appointed as Pre-shipment Inspection Agents for respective blocks commenced providing PSI services from 15‑2‑2000. The petitioners received payment from the respondents without any deduc..
Category: Fiscal/Taxation Law | Date: | Hits: 119
....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......nted by their proprietors had not been made respondents in the appeal.
H. Learned Appellate Judge by Judgment and decree dated 9.13.1935 dismissed the appeal and maintained the Judgment and Decree recorded by learned Munsif.
I. Plaintiffs having felt still dissatisfied, invoked this Court's Ci......
I. Plaintiffs having felt still dissatisfied, invoked this Court's Civil Revisional Jurisdiction on bestowing a Petition under section 115 of The Code and obtained Rule.
3. Grounds pressed into service in support of claim to be added as opposite parties in Civil Revision are catalogued hereund..
Category: Property Law | Date: | Hits: 82
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....in custody, should be released on bail even in a case on non-bailable offence unless for special reasons the Court directs otherwise. Inordinate and unreasonable delay in holding the trial provides a good ground for considering an application for bail even in a case involving grave offences." 7. ......d against the accused-appellant fixing on 5.6.2005 for examination of P.Ws. Since then, several dates were adjourned for examining the prosecution witnesses. But the Tribunal has not yet been able to record testimony of any witness due to failure of the prosecution to produce them in the Court. On t......ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ..Category: Criminal Law | Date: | Hits: 92
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ......posite party No.1 being plaintiff of the aforesaid Title Suit, filed a Miscellaneous Case under section 476 of the Code of 1898 and the learned Joint District Judge upon inquiry into the materials on record passed the order dated 18.3.2004 as stated earlier for prosecuting Ruhul Amin. 4. Thereaft......akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ..Category: Property Law | Date: | Hits: 122
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....the Courts below stand maintained. 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) 132. ......nd of the estate and assert a hostile title and adverse possession . . . The appellate Court whether reversing or affirming the decision of the trial Court must independently consider the evidence on record but in the case of affirming the findings of the trial Court, the narration of the entire evi......the Courts below stand maintained. 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) 132. ..Category: Procedural Law | Date: | Hits: 115
....writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
......ed on recommendation of the Bangladesh Public Service Commission with effect from 16-4-1980 vide notification No. M1/4E- 75/83-TV/165 dated 22-12-1983. Thereafter, considering his unblemished service record and excellent performance, he was promoted to the grade of an Executive Producer on 9-6-1985.......1, 2009.
Result:
The Rule is discharged without any order as to cost.
The Constitution of Bangladesh, 1972, Articles 102 and 117
Any violation of terms and conditions of any person in the service of the Republic requires him to take recourse to the specific remedy provided in Article 117..
Category: Administrative Law | Date: | Hits: 494
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ...... without basis and jurisdiction and is void. 3. The case of the plaintiffs is, that Abdul Majid Saial, the predecessor of the plaintiffs, owned the suit property through his late father who was RS recorded tenant and thereafter Abdul Majid Saial died leaving behind the suit property to the plaint......rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ..Category: Administrative Law | Date: | Hits: 452
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