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Md. Alamgir Bhuiyan Vs. State, 2012, 41 CLC (HCD)
....e order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......General - For the Opposite Party. Criminal Miscellaneous Case No. 2254 of 2005. Judgment Md. Ruhul Quddus J.- This Rule at the instance of a sole accused in a criminal case was issued on an application under section 561A of the Code of Criminal Procedure for quashment of the proceedings in..Category: Criminal Law | Date: | Hits: 85
Moulana Farid Uddin Masud Vs. State, 2012, 41 CLC (HCD)
....tropolitan Special Tribunal Case No.1145 of 2005 is hereby set aside. Communicate a copy of the judgment. Ed. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......aka in Metropolitan Special Tribunal Case No.1145 of 2005 arising out of Zia International Air Port Police Station Case No.43(8)2005 under sections 3 and 6 of the Explosive Substance Act rejecting an application for return of some articles seized from him, while he was arrested in connection with th..Category: Criminal Law | Date: | Hits: 132
Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)
....the postmortem report, inquest report, evidence of P.W.20 or any other witness that any saliva was dribbling from the mouth of victim or that her neck was stretched and elongated or that her body was fresh or there was any dislocation or fracture of the cervical vertebrae. In any view of the matter,......custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 110
Sahajahan and others Vs. State, 2012, 41 CLC (HCD)
....observed as follows: “It is therefore of no consequence if the learned Sessions Judge has made a mistake in holding that since he had taken charge of the Sessions Division on January 23, 1991, a fresh period of 270 days will start from that date. Section 339C referred to an offence, not to a pe......m, Assistant Attorney General - For the Opposite Party. Criminal Revision No.1268 of 1992. Judgment Md. Ruhul Quddus J.- This Rule at the instance of the accused-petitioners was issued on an application under section 439 of the Code of Criminal Procedure calling in question the legality of ..Category: Criminal Law | Date: | Hits: 124
Noab Mia and another Vs. State, 2012, 41 CLC (HCD)
....nder before the trial Court to serve out the remaining period of their sentences. Send down the records of lower Courts. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......um, Assistant Attorney General- For the opposite party. Criminal Revision No.1374 of 1992. Judgment Md. Ruhul Quddus J.- This Rule at the instance of the convict-appellants was issued on an application under section 439 of the Code of Criminal Procedure challenging order dated 7.9.1992 pas..Category: Limitation Law | Date: | Hits: 194
Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)
....observed as follows: “It is therefore of no consequence if the learned Sessions Judge has made a mistake in holding that since he had taken charge of the Sessions Division on January 23, 1991, a fresh period of 270 days will start from that date. Section 339C referred to an offence, not to a pe......m, Assistant Attorney General - For the Opposite Party. Criminal Revision No.1340 of 1992. Judgment Md. Ruhul Quddus J.- This Rule at the instance of the accused-petitioners was issued on an application under section 439 of the Code of Criminal Procedure calling in question the legality of ..Category: Procedural Law | Date: | Hits: 112
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
....bly on some written paÂpers and he informed the employer of the same by a letter dated 20.11.83 requesting the employer to reÂplace the enquiry officer and to appoint a neutral perÂson for holding fresh enquiry. But no action was takÂen. Ultimately he was dismissed from service by a letter dated......lur Rahman, Advocate—For the PetiÂtioner. Syed Amirul Islam, Advocate—For the ResponÂdents. Writ Petition No.154 of 1985. Judgment Md. Abdul Jalil J. - This Rule Nisi isÂsued on an application filed under Article 102 of the Constitution calls in question the judgment and orÂder d..Category: Labour and Industrial Law | Date: | Hits: 160
Bangladesh Can CompaÂny Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
.... made absolute without any order as to costs. The impugned order was passed without any lawful authority and is of no legal efÂfect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 368. ......d order of the Labour Court moved this Court and obÂtained the present Rule. 6. It was contended on behalf of the petitioner that section 34 of the Industrial Relations Ordinance has no manner of application in the facts and circumÂstances of the present case. Their further contention is that t..Category: Labour and Industrial Law | Date: | Hits: 268
Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
....tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ......time asking the peÂtitioner to explain as to why the lease should not be terminated on the self-same ground. On 4.2.71 the petitioner had again given a detailed reply referring to all their previous applications made to the relevant Government authorities by which the petitioner prayed for deliveri..Category: Property Law | Date: | Hits: 115
Ashraf Miah (Md.) Vs. State, 2003, 32 CLC (HCD)
....se No.38/1999 arising out of Tongi Police Station Case No.8(1)/99 now pending in the Court of Magistrate , Gazipur is hereby quashed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 509. ......ul Haque, Advocate—For the Petitioner. MU Ahmed, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No.1966 of 1999. Judgment Md. Ali Asgar Khan J.- This Rule on an application under application under section 561A of the Code of Criminal Procedure was issued callin..Category: Criminal Law | Date: | Hits: 99
Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)
.... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ......d by the Deputy Commissioner to respondent No.2 for amendment of scale of the teachers including the petitioner. On 4-11-2001 senior teachers who are deprived of benefits of higher scale submitted an application to him for getting benefits of higher scale given to the petitioner. Thereafter, on 13â€..Category: Employment/Service Law | Date: | Hits: 147
Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ......r Respondent Nos. 3-5 & 7-10. Writ Petition No.1241 of 2003. Judgment Amirul Kabir Chowdhury J.- At the instance of the petitioners Md. Asgar Ali and 4 others this Rule was issued on an application under Article 102(1) and (2)(a)(i)(ii) of the Constitution of the People's Republic of B..Category: Civil Law | Date: | Hits: 169
Mahabubur Rahman and others Vs. State, 1990, 19 CLC (HCD)
....cated to the Court of the concerned Special Tribunal, Dhaka which is trying the present Special Tribunal Case No.169 of 1989 (Dhaka). Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 375. ......ahabubur Rahman and others................Petitioners Vs. The State……………………………………………………Opposite Party Judgment January 15, 1990. Result: The application for quashing the proceedings is summarily rejected. Cases Referred to- 27 DLR 55 (..Category: Procedural Law | Date: | Hits: 117
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
...., we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483.......l Islam Bhuiyan, Advocate—For the Applicant. Md. Abdur Rahim Bhuiyan, Advocate—For the Respondent. Reference Application No.37 of 1995. Judgment Syed Amirul Islam J.-In this reference application the petitioner has framed two questions for our decision, out of which question No.11(a)..Category: Fiscal/Taxation Law | Date: | Hits: 200
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......mmed J.- This Rule has been issued at the instance of the defendant against the orders dated 27.10.92 and 9.11.92 passed in Title Suit No.65 of 1991 by the Assistant Judge, First Court Dhaka allowing application of the plaintiff dated 10.10.92 facilitating him to bring into records two documents (Ex..Category: Property Law | Date: | Hits: 126
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....94 but no attempt was made by the defendant‑appellants for extension of the said order of stay granted earlier. Now, it appears that the defendants‑appellants have filed another application for a fresh order of stay of the said execution proceeding. We shall however deal with the said applicatio......t: Md. Ansar Ali J Md. Asaduzzaman J Bangladesh.................Petitioner Vs. Waker Ahmed and others.................Opposite Party Judgment April 13, 1995. Result: The application is rejected. Case Referred to- Pamulapati Varadayya Vs. Kommareddi Chinnappare Chi..Category: Limitation Law | Date: | Hits: 211
Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208.......ymensingh for correction of the record of rights in her name and obtained an ex parte decree within on 9.1.71 beyond the knowledge of opposite party-government that thereafter AGP Mymensingh filed an application for setting aside the aforesaid decree under Order 9 Rule 13 of the Code of Civil Proced..Category: Limitation Law | Date: | Hits: 239
Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
....ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ......M Sadeque J Abu Sayeed Ahammed J Shadesh Chandra Saha........................Petitioner Vs. State........................Opposite Party Judgment January 11, 1995. Result: The applications are rejected. Cases Referred to- Md. Akram and another Vs. The State, AIR 1951 (A..Category: Criminal Law | Date: | Hits: 133
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
.... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ......ill in question is a genuine one which was duly executed and registered by the testator. 7. Mr. Akram Hossain Amin, the learned Advocate appearing for the defendants‑appellants, submits that the application for letters of administration itself is not maintainable inasmuch as it appears from the..Category: Property Law | Date: | Hits: 183
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....s vitiated. Hence 6m this point of view also the conviction of the appellants cannot be sustained. 32. The learned Advocate for the State submitted that the case should be sent back on remand for fresh trial according to law. But no useful purpose would be served by ordering fresh separate trial......is totally against the fundamental principle of criminal jurisdiction and provisions of section 101 of the Evidence Act presumably invoking the aid of section 106 of the Evidence Act has no manner of application in the present case. In order to bring the case within the ambit of section 106 of the E..Category: Procedural Law | Date: | Hits: 155