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Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....o.2176 of 1995 and Criminal Appeal No.1713 of 1996. Judgment Md. Abdul Karim J.- Criminal Appeal No.2176 of 1995 and Criminal Appeal No. 1713 of 1996 are directed against the judgment and order dated 31‑11‑91 passed by the learned Sessions Judge, Sariatpur, in Sessions Case No.16 of 1991 c......, learned Assistant Attorney‑General, had submitted that the prosecution declared P.Ws.14 and P.W.16 hostile and cross‑examined them and so their evidence should not be considered for coming to a decision against accused persons. In this connection we may refer to the decision in the case of Faz..Category: Criminal Law | Date: | Hits: 85
....led. But the learned Arbitrator took into account of the sale deeds on the ground that in all the deeds it is stated that the price of the land was settled between the parties on 24‑9‑87 and this date also within twenty‑four months from the date of serving of notice under section 3 of the Act.......pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 160...
Category: Property Law | Date: | Hits: 84
Nasiruddin (Hazi Md.) Vs. Md. Mozammel Hossain and others, 2010, 39 CLC (HCD)
....aneous Case No. 7 of 2008. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of defendant respondent petitioner calls in question the legality and propriety of judgment and order dated 26-8-2008 passed by learned District Judge, Dhaka, summarily rejecting Transfer Miscellaneos C......spose of the appeal within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ..Category: Procedural Law | Date: | Hits: 108
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....ti-Corruption Commission (ACC). Criminal Appeal No.8770 of 2009 with Criminal Appeal No.142 of 2010. Judgment AKM Zahirul Hoque J.- These two appeals arose out of the same judgment and order dated 30-11-2009 passed by the Divisional Special Judge, Barisal in Special Case No. 9 of 2009 convi...... are liable to be dismissed. 11. Heard the learned Advocates for both the sides and perused the materials on record. 12. Now let us discuss the evidences led by the parties to arrive at correct decision. 13. P.W.1 MH Rahmat Ullah, Deputy Assistant Director, ACC Sojeka, Barisal stated in his..Category: Criminal Law | Date: | Hits: 142
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... upon the respondents to show cause as to why the contract to supply and incorporate a Convert-Overt Featured Foil with Applicator Machine for the Cigarette Stamp and Band signified by the work order dated 22‑9‑02 awarded by respondent No.7 to the respondent No.8 (Optalgio Limited) arising from ......der. The petitioner alleged that the violation of the terms and conditions set out for award of the project, especially the disregard of the opinion given by the Technical Committee together with the decision to open all financial offers in disregard of the specific condition that financial offers w..Category: Others | Date: | Hits: 174
Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
....lication for bail on behalf of the convict appellant-Iqbal Hasan Mahmood @ Iqbal Hasan Mahmood Tuku. 2. The convict-appellant preferred the instant appeal against the impugned judgment and order dated 15-11-2007 passed by the learned Special Judge, Special Court No.5 Dhaka in special case No.5 ......s which is life threatening for him and he needs to be given specialized, continuous and intensified treatment in a stress free condition outside the prison Mr. Huq, finally, having referred to the decision of the case of ACC Vs. Barrister Mir MdHelaluddin reported in 60 DLR (AD) 57 and an unrep..Category: Criminal Law | Date: | Hits: 125
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....vocate - For the Opposite-Party No.2. Civil Revision No.185 of 2010. Judgment Abdul Awal J.- This Rule was issued calling upon the opposite parties to show cause as to why the impugned order dated 9-11-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous A......required under the law was duly filed. The filing of the bond is made in accordance with the amended section 32(2) of the Artha Rin Adalat Ain. 17. Mr. Moudud Ahmed during his submission cited a decision reported in 15 MLR (AD) 20 wherein it has been held that— "when the decree was put i..Category: Civil Law | Date: | Hits: 229
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
.... Khan Assistant Attorney-General—For the State. Criminal Appeal No. 2280 of 2000. Judgment Md. Abdul Quddus J.- This appeal is directed against judgment, order of conviction and sentence dated 26‑6‑2000 by Additional Sessions Judge First Court Mymensingh in Sessions Case 27 of 1992 ......ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ..Category: Criminal Law | Date: | Hits: 103
Yasinullah Vs. State, 2003, 32 CLC (HCD)
.... MM Ruhul Amin J.—This Rule was issued calling upon the Deputy Commissioner, Sylhet to show cause as to why the impugned proceeding of GR Case No.219 of 1999 arising out of Balaganj PS Case No.4 dated 3‑11‑1999, pending in the court of Magistrate, 1st Class, Balaganj, Sylhet should not be q......the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ..Category: Criminal Law | Date: | Hits: 86
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....loan within a period of 6(six) months. However, on behalf of the husband of the accused-petitioner, she (accused-petitioner) provided the complainant with a cheque of Tk. 30 lakh bearing No.6669851 dated 02-4-2009 for repayment of the loan. The cheque was presented for encashment with the Janata B...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279...Category: Criminal Law | Date: | Hits: 120
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....t the petitioner was appointed in Biman Bangladesh Airlines Limited (formerly Bangladesh Biman Airlines) on 20-8-1984 as Manager (Motor Transport) and was confirmed on 3-3-1985 with effect from his date of joining. Due to his unblemished service record he was lastly promoted to the post of Direc......ment of the petitioner has constituted discrimination in clear violation of the petitioner's fundamental rights guaranteed under Articles 27 and 31 of the Constitution. It is further stated that the decision was politically motivated and mala fide and needs to be struck down. Furthermore it is stat..Category: Employment/Service Law | Date: | Hits: 157
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....hrul Islam, Assistant Attorney General ‑ For the Respondent No.2. Writ Petition No. 1602 of 1988. Judgment Md. Abdul Jalil J. - This rule calls in question the judgment and order dated 9.5.88 passed by the Court of Settlement in Case No. 519/87(Ka‑49 Mohammadpur Block ‘F’)......d the learned Settlement Court 6believed their case. 8. The learned Court of Settlement relied on Section 5(2) of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 and gave its decision in favour of the Government on the basis of presumption. 9. Dr. Rafiqur Rahman, the l..Category: Property Law | Date: | Hits: 90
Commissioner of Taxes, Dhaka Vs. MA Hossain & Co., 1992, 21 CLC (HCD)
....y & assesses. Against the order of assessment the assesses preferred Income Tax Appeal No. 31/Cont. 105‑86 before the Appellate Joint Commissioner of Taxes, (North) Zone, Dhaka who by his order dated 1.12.85 allowed the appeal in part reducing the addition of Tk. 3,00,000.00 to Tk. 1,00,000.00...... Rahman J. -By this application under section 160(1) of the Income Tax Ordinance, 1984 read with section 66 of the Income‑Tax Act, 1922 the applicant preferred the following question of law for our decision: ‘‘Whether the Taxes Appellate Tribunal is justified in holding that the appeals ..Category: Procedural Law | Date: | Hits: 103
Dr. Sultan Ahmed Vs. AKM Fazlur Rahman and others, 1989, 18 CLC (HCD)
....‑For the Opposite parties. Civil Revision No. 1347 of 1989 Judgment Mozammel Haque J. -This Rule was issued directing the opposite‑parties to show cause as to why the judgment and decree dated 18.9.89 passed by the learned Subordinate Judge, 1st Court (SCC Judge) Comilla, in Small Cause......and the trial Court has considered the documents and evidence legally and passed a decree in favour of the plaintiffs. I do not find that the learned trial Court has committed any error of law in its decision occasioning failure of justice and as such it is not required by this Court to interfere wi..Category: Property Law | Date: | Hits: 108
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....espondents. Writ Petition No.516 of 1988. Judgment Quazi Shafiuddin J. -This Rule Nisi was issued calling upon the respondents to show cause why the Memo. bearing Memo. No. 62 Imn/V dated 15.1.1984 (Annexure M) of the Ministry of Home Affairs (respondent No.3) refusing confirmation......ent failed to correctly assess the facts, circumstances and evidence and failed to appreciate the documents and the papers submitted by the petitioner in their true perspective. It is argued that the decision of the Court of Settlement in the ultimate analysis does not respond to President's Order N..Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....arises at the instance of the defendants on the following terms: "Let the records need not be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the order dated 17-6-1999 passed by Subordinate Judge, 2nd Court, Dhaka in Title Appeal No.216 of 1998 allowin......লতের নথী ফেরত পাঠান হউক।” Without application of mind with the facts and law of the case and thereby, committed error of law resulting in the error in the decision occasioning failure of justice. The learned Advocate further submits that the impugned orde..Category: Procedural Law | Date: | Hits: 108
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
.... the State. Criminal Revision No. 439 of 1996. Judgment Md. Hamidul Haque J.- By this Rule, the opposite party was called upon to show cause as to why the proceedings of Mirpur PS Case No.41 dated 15-1-96 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed. ......s, though none appeared to support the Rule, we think it necessary while disposing the Rule to consider the principle laid down in the above case reported in 47 DLR 521 in the light of the subsequent decision of the Appellate Division in the case of Shantosh Bhushan Das Vs. the State reported in 4 B..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....tered into an agreement to sell with him with respect to one-storied building on a land at Mohammadpur on a total consideration of Taka 6,000.00 and on receipt of Taka 2,50,000.00 by way of pay order dated 14-9-95 and a cash of Taka 50,000.00 in Taka 3,000.00 executed an agreement for sale in his fa......certainly not be utilised as to interrupt or divert the ordinary course of criminal procedure as laid down in the procedural statute. The High Court, as has repeatedly been pointed out in a number of decisions, should be extremely reluctant to interfere in a case where a competent Court has, after e..Category: Criminal Law | Date: | Hits: 112
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... Criminal Appeal No.3395 of 2001. Judgment M Enayetur Rahim J.- This appeal at the instance of 3 (three) convict persons is directed against the judgment and order of conviction and sentence dated 21-6-2001 passed by the learned Additional Sessions Judge, 2nd Court, Brahmanbaria in Sessions......ssional statements is almost exculpatory in nature, save and except আমাদের ৪ জনের হাতে লাঠি ছিল; But convict Abdul Hashem neither took part in making the decision of killing, nor took active in committing the murder, rather he was sitting in a ‘প..Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....ted by Mvi Md. Wahidullah, Advocate-on-Record—For the Respondent No.7. Not Represented—For the Respondent Nos. 2, 3, 5, 6, 3-12. Civil Appeal No.204 of 2003. (From the judgment and order dated 18-11-1999 passed by the High Court Division in Civil Revision No.2757 of 1999. Judgment ......f the High Court Division passed in First Appeal No.230 of 1995 the appellants preferred Civil Petition for Leave to Appeal No.412 of 1998. The Appellate Division affirmed the concurrent findings and decision of the trial Court and the appellate Court by dismissing that Civil Petition for leave to A..Category: Procedural Law | Date: | Hits: 108
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