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Category: Administrative Law | Date: | Hits: 299
Category: Property Law | Date: | Hits: 102
Rafiqul Islam Vs. State, 2009, 38 CLC (HCD)
....ent and he has been falsely implicated in the case at the instance of the informant. Mr. Rashid taking us through First Information Report submitted that the company acted mala fide in delivering the goods before encashment of the pay orders or they misappropriated the goods using the forged pay ord......ainst the accused-petitioner and he was arrested on 30.11.2006. He was shown arrest in the instant case on a police forwarding dated 03.12.2006 of Gulshan Police Station. 5. On receipt of the case record, the Additional Chief Metropolitan Magistrate, Second Court, Dhaka framed charge under sectio......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)
....on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. .......R. with Keranignaj Police Station. 3. Police after investigation submitted charge sheet against-accused Mirza alias Mizan and Md. Abdul Matin under section 19A and (f) of the Arms Act. 4. Case record was sent to the Court of learned Senior Special Tribunal, Dhaka, for holding trial. 5. Spe......on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ..Category: Criminal Law | Date: | Hits: 65
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
.... 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. ......d if the plaintiff performed his part of the obligation. The vendor reserved the right to repudiate the contract on failure of the plaintiff to perform his part of obligation. There is no material on record that the vendor has waived the plaintiffs’ part of obligation. On looking at the contract i...... 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)
....clear that prior to 19-7-2007, Mr. Md. Ishaque Mia was competent to issue notice under section 3 of the Ordinance. As a result, the submission of the learned Advocate for the petitioner docs not hold good. 31. Mr. Mahmudul Islam, learned Advocate for the petitioner of Writ Petitioner No. 3071 of ......not enjoin service of notice upon the owners of the land proposed to be acquired…………………………(11 & 12) The Acquisition of the Immovable Property Rules, 1982; Rule 4A Video recording The use of the word "immediately" prior to the words "before publishing notice under se......red to be published at convenient places on or near the property in the prescribed form and manner stating that the property is proposed to be acquired. But section 3 of the Ordinance does not enjoin service of notice upon the owners of the land proposed to be acquired…………………………(..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....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. ......ribed in Tauji No.10 of the then Mymensingh Collectorate originally belonged to Zamindar Haider Ali Khan Panni and others and the same having formed the saham of Haider Ali Khan Panni was accordingly recorded in his name in the CS Khatian. The suit land along with other land constituted a waqf estat......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)
.... and relying on the said exemption the appellant opened L/C dated 4.7.2000 for import of 34 metric tons of polyethylene pellet at a price of US$ 710 per metric ton and before shipment, the imported goods were examined by the Pre-shipment Inspection Agency, PSI Agent, who issued CRF certificate and....... 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. ....... 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
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....f justify transfer of a pending appeal from one Court to another. The question is about transfer and that too on the ground indicated above. In section 24, CPC, following grounds have been held to be good grounds for involving section 24, CPC (a) reasonable apprehension of the litigant that he might......hat justice should appear to be done. The apprehension, in our opinion, must have some objectivity. It is not merely an illusions or a stage of mental attitude. We are satisfied from the materials on record that the apprehension entertained by the defendant is not altogether without foundation." ......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ..Category: Procedural Law | Date: | Hits: 179
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ...... 3 of the said Ordinance it is the Deputy Commissioner who has to cause a notice to be published under the said Ordinance. 12. The learned Deputy Attorney-General has failed to satisfy us from the record that the Deputy Commissioner authorized the land acquisition officer to issue such letter or ......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......to prosecute the accused-petitioner in accordance with the provision of section 32 of the Anti-Corruption Commission Act but that very assertion is not sustainable on the fact of the materials on record. Because, at the fag end of the police report it has categorically been stated that before fi......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ..Category: Procedural Law | Date: | Hits: 86
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
.... of defendant No.1 is that the disputed property belonged to Late Haji Ashraf Ali Chowdhury. He filed it up at his own cost and raised some construction and let it out to the merchants for carrying goods. Late Ahmed Meah Sowdagar requested Haji Ashraf Ali Chowdhury to allow him to use the schedule...... is required to be implemented soon for better management of the property and enhancement of income of the Wakf Estate. 5. The trial Court after hearing the parties and considering the evidence on record decreed the suit by his Judgment and decree dated 17-6-1984. 6. The defendant No.1 preferr......he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ..Category: Administrative Law | Date: | Hits: 175
Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)
.... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ......ideration or misreading of the material evidence or misinterpretation or misreading of the relevant law affecting the entire merit of the case…………………………..(10) Mere entry in the record of right shall not create right and title over any property without any corroborative evidenc...... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ..Category: Procedural Law | Date: | Hits: 83
Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)
....lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......nds everyone to accept any particular school, say, Dayabhaga law. The assesses claimed to have accepted and followed Mitakshara school of law and accordingly, filed returns at least since 1989 as per record and the income tax authorities also recognized and accepted such claim. There is also no bar ......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ..Category: Fiscal/Taxation Law | Date: | Hits: 138
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
....y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......hey were born as a result of co-habitation with Aminul Islam. Defendant No. 1 is therefore, not bound to give maintenance to the plaintiffs. 4. The Family Court on consideration of the evidence on record by judgment and order dated 3rd March, 2005 decreed the suit and directed the defendant No.1 ......of her during those periods. As the plaintiff No.1 refused to pay the dowry the defendant No.1 tortured her physically and mentally. She was a primary teacher in a government school and joined in the service before her marriage. He did not give any gift to the plaintiff No.1 during the subsistence o..Category: Family Law | Date: | Hits: 114
Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....7,980.91 to the petitioners. By the notice impugned against Respondent No.2, Commissioner, Customs Bond Commissioner at, Segunbagicha, Dhaka requested all the authorities concerned not to release any goods of the petitioners and to stay marketing or supply of any kind of goods belonged to them until.......Respondent Judgment March 8, 2010. Result: The Rule is made absolute-in-part. When an order passed by some authority suffers from an illegality which is apparent on the face of the record, an order in the nature of certiorari would always be justified even though a right of statut......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 174
Salam Mollick (Md.) Vs. State, 1996, 25 CLC (HCD)
.... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ......cifically stated in the petition of complaint that the accused persons refused to take back the complainant and her daughter to their house if the demand of dowry was not met. 5. On perusal of the record it has come to our notice that accused Nos.1‑9 are the residents of Jessore Town and of the...... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ..Category: Procedural Law | Date: | Hits: 120
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ......is authority granted by the Code of Criminal Procedure in respect of the proceeding before him is exhausted and he is not empowered to take any further action in the matter. 2. It appears from the record that at the time of hearing, the case of Md. Sharif and others Vs. Md. Baharuddin Chowdhury a......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ..Category: Criminal Law | Date: | Hits: 138
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
....uspension was not drawn under section 13(1) of the regulation. So it was not required to take any approval of the Board before taking such decision. The submission made by Mr. Faruque would have been good if that order of suspension was taken under section 13(1) of the regulation. The allegations an......approval of the authority. The defendant No.1 being the president of the governing body visited the college and found the plaintiff absent on 19.07.2003 without having any leave and 20.07.2003 and he recorded her absence in the attendance register but the plaintiff converted the said absence into ca......- a) The suit was premature. The plaintiff was suspended temporarily upon some specific allegation and she was directed to furnish show cause as to why she should not be dismissed permanently from service but the plaintiff without furnishing any show cause had filed the suit before expiry of 7(se..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
.....00 under Clause 9(1) and 14 of the Table to section 156(1) of the Customs Act, 1969 and section 3(3) of the Import and Export (Control) Act, 1950 and taka 25,00,000.00 as fine in lieu of confiscated goods under section 181(1) of the Customs act, 1969 and taka 6,00,000.00 as PS1 penalty under sectio......n of the petitioner appeared before the Commissioner, Customs House (Import), Chittagong and on 22.10.07 filed a written statement. After hearing the authorized person of the petitioner, perusing the records and considering the facts and circumstances said Commissioner adjudicated the matter dated 0......d taka 25,00,000.00 as fine in lieu of confiscated goods under section 181(1) of the Customs act, 1969 and taka 6,00,000.00 as PS1 penalty under section 156(1), 11(a) of the Customs Act along with 1% service charge. 6. After such adjudication order, respondent No.3, the Principal Appraiser demand..Category: Fiscal/Taxation Law | Date: | Hits: 246