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....te, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.2.
Not represented—Respondent No.1.
Criminal Petition for Leave to Appeal No.349 of 2010.
(From the Judgment and Order dated 16-05-2010 passed by the High Court Division in Criminal Miscellaneous Case No.8044 of 2007).
......und of absence of the complainant. There is no bar to filing a new case if a petition of complaint is dismissed under section 203 of the Code of Criminal Procedure.
Be that as it may, the ultimate decision of the High Court Division is borne out of the record.
Accordingly, we do not find any m..
Category: Criminal Law | Date: | Hits: 85
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....ve to Appeal No.1536 of 2011. Judgment Md. Abdul Wahhab Miah J.- In this petition for leave to appeal, the writ respondent-petitioners are seeking leave to appeal against the judgment and order dated the 12th day of December, 2010 passed by a Division Bench of the High Court Division in Writ P......ished. 5. In the above circumstances, the petitioner filed the writ petition and obtained the Rule as per prayer made in the writ petition. 6. During the pendency of the Rule, , pursuant to the decision dated 27.12.2009 of sub-committee No.1 formed by the Parliamentary Standing Committee on..Category: Employment/Service Law | Date: | Hits: 119
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
.... Judgment Md. Abdul Wahhab Miah J. - Delay of 154 days in filing the petition for leave to appeal is condoned. 2. This petition for leave to appeal is directed against the judgment and order dated the 7th day of January, 2010 passed by the High Court Division in Writ Petition No.3354 of 200...... to Appeal No.841 of 2004 before this Division giving rise to Civil Appeal No.218 of 2004 and the said appeal was dismissed and thus the judgment and order passed in the writ petition was upheld. The decision given in the appeal has been reported in 59 DLR (AD) 54. 16. From annenxure-'E' to the w..Category: Employment/Service Law | Date: | Hits: 127
Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)
.... his lawyer requesting the authority to inform the petitioner about the real state of fact in respect of his service condition. Then the school authority intimated the petitioner's Advocate by letter dated 31.1.1995 that the petitioner was dismissed from service by order dated 21.11.1994. Said Advoc......d that the Departmental Appeal was barred by limitation and as such the case was not maintainable, albeit the learned Member of the Appellate Tribunal wrote a lengthy judgment, but arrived at a wrong decision that the departmental Appeal was barred by limitation. 7. Thereafter, the respondent her..Category: Administrative Law | Date: | Hits: 240
Rajdhani Unnayan Katripakkha (RAJUK) Vs. A.K.M. Abdul Hakim and Others, 2010, 39 CLC (AD)
....represented-Respondent Nos. 2-8 Civil Petition for Leave to Appeal No.2186 of 2009. Judgment Md. Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 04.08.2008 passed by the High Court Division in Writ Petition No. 6642 of 2008 making the Rule......eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ..Category: Civil Law | Date: | Hits: 76
State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)
.... with Amit Talukder, Assistant Attorney General- For the Petitioner. Not Represented- For the Respondent. Criminal Petition for Leave to Appeal No. 316 of 2009. (From the judgment and order dated 28.8.2008 passed by the High Court Division in Death Reference No.150 of 2004 with Criminal Ap......ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 191
....ucted by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner.
None Represented-For the Respondents.
Civil Petition for Leave to Appeal No. 896 of 2009.
(From the Judgment and Order dated the 25th day of November, 2008 passed by the High Court Division in Writ Petition Nos. 4535, 4......rs. Nahid Mahtab, learned Advocate, appearing for the petitioner has contended that the learned Judges of the High Court Division erred in law in deciding the merit of the instant Rule relying on the decision given by this Division in Civil Petition for Leave to Appeal No.576 of 2005 inasÂmuch as t..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....Hague, Advocate), instructed by Mrs. Shahanara Begum, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent Nos. 2-3. Civil Appeal No.91 of 2008 (From the Judgment and Order dated 7-2-2006 passed by the High Court Division in Civil Revision No.3682 of 2003) Judgment S......ion of a relevant fact cannot be allowed to change the said admission which amounts to changing the nature and character of the pleading. In support of his contention, the learned counsel has cited a decision in the case of Messrs Modi Spinning and Weaving Mills Co. Ltd Vs. Messrs Ladha Ram and Co.,..Category: Civil Law | Date: | Hits: 86
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....ocate on Record - For the Appellant. B.B. Roy Chowdhury, Advocate, instructed by S.M. Huq, Advocate on Record - For the Respondent. Civil Appeal No. 85 of 1977. (From the Judgment and Order dated 16-11-3976 passed by the High Court in Civil Revision Case No.850 of 1975.) Judgment Kem......below on the evidence on record were well founded in law in holding, that the tenant did not deposit the rent in compliance with the provisions of Rent Control OrdiÂnance, 1963. 2. There are some decisions of the Dacca High Court on the earlier Rent Control Act, the language of which is substant..Category: Property Law | Date: | Hits: 87
M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)
....ecord - For the Appellant. Mozammel Huq Bhuiyan, Advocate, insÂtructed by S. S. Hoda, Advocate-on-Record - For the Respondents. Civil Appeal No. 32 of 1978. (From the Judgment & Order dated 24.2.77 passed by the High Court in Writ petition No. 205 of 1971) Judgment Badrul Haide......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is disÂmissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....with M. Nurullah, Advocate, instructed by S.M. Huq, Advocate-on-Record - For the Respondents. No.2. Exparte - For the Respondent No.3. Civil Appeal No. 36 of 1977. (From the Judgment and Order dated the 2nd August, 1976 passed by the High Court Division in Writ Petition No.416 of 1976.) Ju...... rule 52 provides for collection and appropriation of Octroi which has not been authorised by the Ordinance according to him are ultra vires the Ordinance. He has, for his submission, relied upon the decisions in the Burmah Oil Company Limited Vs. The Trustees for the Port of Chittagong (1962) 14 DL..Category: Fiscal/Taxation Law | Date: | Hits: 112
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
....ecord - For the Appellants. Mozammel Haque Bhuiyan, Advocate, insÂtructed by S. S. Huda, Advocate-on-Record - For the Respondents. Civil Appeal No.108 of 1978. (From the judgment and order dated the 6th May, 1977 passed by the High Court of BanglaÂdesh in Writ Petition No.486 of 1974). ......ppellant and his partners under the threat of prosecution. 3. The processing and assessment of the income tax being prejudicial to the appelÂlant, he applied for an administrative reÂview of the decision to the Central Board of Revenue, Government of Pakistan, Islamabad, and sent it under a reg..Category: Fiscal/Taxation Law | Date: | Hits: 122
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....ff approaching this Court in an application under section 115 of the Code of Civil Procedure whereupon a Rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 23-3-1988 passed by the learned Subordinate Judge, First Court, Barisal, in Miscellaneous Case...... of 1983 under the provisions of Order 9 rule 13 of the Code of Civil Procedure, for restoration of the suit to its file and number, on setting aside the ex parte decree, taking the ground that final decision with respect to the claim of the plaintiff-Bank having not been reached, he was compelled t..Category: Procedural Law | Date: | Hits: 80
Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)
....ween 21-4-88 to 25-4-88 overdrew Taka 3,35,00.00. The said respondent deposited Taka 12,000.00 on 26-4-88 but over-drew Taka 4,03,000.00 on 27-4-88. Altogether he has withdrawn Taka 85,000.00 on that date. On 31-7-88 respondent No.4 deposited Taka 6,84,775.00 and on 1-8-88 he had withdrawn the entir......in Jail hajat, the Artha Rin Adalat should not have entertained such suit without any clear materials that the money question did constitute a loan money. A stolen good cannot be a subject matter for decision by a Artha Rin Adalat. Loan must be advanced by the financial institution and must be accep..Category: Civil Law | Date: | Hits: 71
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
.... the Petitioner. MA Jalil with Mostafa Kamal Pasha, Advocates - For the Opposite Parties. Civil Revision No.1515 of 1995. Judgment Gour Gopal Saha J.- In this Rule the judgment and decree dated 16-1-95 (decree signed on 21-1-95) passed by the learned Additional District Judge, Chittagong......e regarding the appreciation of the evidence the Court has the right to believe or disbelieve a witness or a number of witnesses but it has no right to ignore the evidence of a party in coming to his decision. Non-consideration of a material witness or a material piece of evidence of the witnesses o..Category: Procedural Law | Date: | Hits: 68
Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
.... and others under sections 468, 417 and 420 of the Penal Code. Eventually, 25-8-94 was fixed for the examination of the accused-persons under section 342 of the Code of Criminal Procedure and on that date the learned Metropolitan Magistrate returned the case to the Chief Metropolitan Magistrate with......time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ..Category: Criminal Law | Date: | Hits: 71
Aslam Vs. State, 1998, 27 CLC (HCD)
....t Attorney-General - For the State. Criminal Appeal No.1635 of 1997. Judgment Md. Sirajul Islam J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against the order dated 30-7-1997 passed by Special Tribunal No.1, Narayangonj in Special Tribunal Case No.19 of 1997 ......nd one pistol with a magazine and 4 Cartridges were recovered from that flat as stated in the FIR but that the accused-appellant was not found in the flat. So the control and possession is factor for decision during the trial of the case. It appears that the charge sheet has been filed on 13-2-1996 ..Category: Criminal Law | Date: | Hits: 65
Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)
....dvocates - For the Petitioner. AFM Zubair Hossain, Advocate - For the Opposite Parties. Civil Revision No. 2924 of 1994. Judgment Gour Gopal Saha J.- This Rule calls in question the order dated 6-7-94 passed by the learned Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Suit ......aw in allowing the prayer for re-examination of P.W.1 in a most casual view of the matter and thereby affording an unwanted premium to the plaintiff and the same has resulted in error in the impugned decision occasioning failure of justice. In the facts and circumstances of the case, we are of the v..Category: Property Law | Date: | Hits: 66
....rim, Advocate - For the Opposite Party.
Civil Revision No.2335 of 1992.
Judgment
Md. Nurul Islam J.- This application by the defendant petitioners is directed against the judgment and decree dated 16-7-92 passed by the learned Additional District Judge, 1st Court, Dhaka in TA No.185 of 1968......€™s house where he grows vegetables and, as such, the suit land cannot be considered as a separate land from the dwelling house of thee petitioner. In support of his above contention he relied on the decisions reported in 42 DLR (AD) 53; 40 DLR (AD) 150, 10 DLR 318, 12 DLR 649; 20 DLR 489, 22 CWN 57..
Category: Property Law | Date: | Hits: 63
Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)
....l Revision No.1751 of 1995. Judgment Syed Amirul Islam J. - This Rule arises out of an application filed under section 115 of the Code of Civil Procedure and is directed against the order No.15 dated 22-2-95 passed in Miscellaneous Appeal No.54 of 1985 by the learned District Judge, Jhenidah a......o manage the property and there is nothing on record to show that, that right of management has devolved upon the opposite parties on the death of said Badaruddin. In this connection he refers to the decision reported in PLD 1974 (Lahore) 312. 4. Mr. A Salam Khan, the learned Advocate appearing f..Category: Property Law | Date: | Hits: 55
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