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Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....No. 21114 of 2008. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued upon the opposite party against order No.2 dated 26-10-2008 passed by the learned Sessions Judge, Brahmanbaria in Criminal Revision Case No.69 ......liable to be set aside and the vehicle may be released on jimma in favour of the petitioner for securing the ends of justice. 8. Mr. Sarwar Ahmed, the learned Advocate of the petitioner, cited the decision in the case of Abdul Muntakim Vs. State reported in 12 BLT 19, the case of Aziz Mollick Vs...Category: Criminal Law | Date: | Hits: 110
Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....9. Judgment ABM Khairul Haque J.- This is an application under Article 102 of the Constitution of the People's Republic of Bangladesh, challenging the legality of the Head Office circular No.43 dated 24-5-2009, issued by the respondent Nos.4 and 5, approving the car loan facilities to the exec...... 3. The petitioner is not only an Advocate of the Supreme Court but it is submitted, he is also a philanthropist and takes interest in the affairs of the State. As such, being aggrieved, by the above decision of the Board of Directors of the Sonali Bank, he filed this writ petition and this Court by..Category: Others | Date: | Hits: 134
Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)
....st the said assessments, the applicant preferred two appeals before Appellate Joint Commissioner of Taxes. 4. Appellate Joint Commissioner of Taxes heard both the appeals together and by his order dated 31-8-99 disposed of them with little modifications in respect of disallowances and receipts on......He submitted that the Appellate Tribunal failed to exercise the jurisdiction vested in it for correction of the errors apparent on the force of the record. In support, Mr. AB Siddique cited following decisions, Maharana Mills (Pvt) Ltd. Vs. Income-Tax Officer, Porbandar: (1959) ITR 350 (SC) : Mahend..Category: Fiscal/Taxation Law | Date: | Hits: 97
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
....-General - For the State-Respondent. Criminal Appeal No.4850 of 2005. MR Hasan J.- This appeal under section 30 of the Special Powers Act, 1974 has been preferred against the Judgment and order dated 9-11-05 passed by the special Tribunal No.7, Narayanganj in special Tribunal Case No.184 of 20...... that the case not being probed by legal evidence, the impugned Judgment and order is liable to be set aside. In support of his contentions, the learned Advocate for the appellant cited before us the decisions of some cases reported in 59 DLR 488, 40 DLR 493 and 50 DLR 356. 10. The learned Deputy..Category: Criminal Law | Date: | Hits: 79
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....5-6. Civil Revision No.1302 of 2003 with Civil Revision No.1303 of 2003. Judgment SM Ziaul Karim J.- These Rules call in question the legality and propriety of the Judgment and order dated 18-2-2003 passed by the learned Additional District Judge, Second Court, Noakhali, allowing Mi......f appeal below without reversing the finding of facts as to the service of summons upon the co-pre-emptor, illegally allowed the appeal, thereby committed an error of law resulting in an error in the decision occasioning failure of justice. 12. Mr. Mihirkanti Majumder, the learned Advocate appear..Category: Administrative Law | Date: | Hits: 230
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Judgment
Md. Azizul Haque J.- This Rule was issued under section 115 of the Code of Civil Procedure calling upon the opposite party Nos.1 and 2 to show cause as to why the Judgment and decree dated 21-11-01 passed by the Joint District Judge in Other Appeal No.60 of 2001 reversing those date......7-6-1997, 22-7-97 and 21-8-97 and the plaintiff was also found absent on those days. Thereafter, the plaintiff was given two letters dated 8-2-97 and 15-2-97 and she was dismissed from service as per decision taken by the Managing Committee. The TPEO on 22-7-97 visited the school and found a post of..
Category: Employment/Service Law | Date: | Hits: 118
....urul Islam Bhuiyan, Advocate-on-Record- For the Respondents (In Civil Petition No.2169 of 2011)
Civil Petition for Leave to Appeal Nos.1781, 1784 and 1875 of 2011.
(From the judgment and order dated 7.4.2011 passed by the High Court Division in Writ Petition Nos.507, 26 and 27 of 2011.)
Wi......n the revenue set up. They sought for a direction for their absorption in the revenue set up. A Division Bench of the High Court Division presided over by A.H.M. Shamsuddin Choudhury J. noticed ECNEC decision dated 10th June, 2008 and directed the writ respondents to absorb the writ petitioners in t..
Category: Employment/Service Law | Date: | Hits: 147
....tructed by Nurul Islam Chowdhury, Advocate-on-Record-For Respondent No.1.
Not represented-For Respondent No.2.
Civil Petition for Leave to Appeal No. 15 of 2011.
(From the judgment and order dated 19th August, 2010 passed by the High Court Division in Writ Petition No.1728 of 2010.)
Judg......19.08.2010 passed by the High Court Division in Writ Petition No.1728 of 2010 making the Rule absolute with a direction upon the writ respondents to execute the registered deed in question as per the decision taken by the writ respondent No.6 within 60 (sixty) days from the date or receipt of that j..
Category: Civil Law | Date: | Hits: 70
Chutta Miah Vs. State, 2004, 33 CLC (HCD)
....ttorney General - For the State. Criminal Revision No. 294 of 2004. Judgment Aftal Hossain Ahmed J. - This Rule at the instance of accused petitioner Chutta Mia is directed against the order dated 19‑2‑2004 passed by the Additional Sessions Judge, 1st Court, Brahmanbaria in Sessions Cas...... to re‑examine him either of its own motion or at the instance of a party at any stage of the inquiry, trial or other proceeding under this Code "if his evidence appears to it essential to the just decision of the case. 7. On perusal of the application dated 19‑2‑2004 filed by the petitione..Category: Criminal Law | Date: | Hits: 68
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
....tioners, submits that the present Rule has been obtained against the order of transferring the Druta Bichar Case No. 5 of 2003 arising out of GR No. 307 of 2001 corresponding to Baufal PS Case No. 12 dated 8‑12‑2001 under sections 147/148/149/341/324/326/307/302 of the Penal Code, now pending in......e parting, with this record we may be permitted to say few words about the rulings so referred to by the learned Advocate for the petitioners. The learned Advocate for the petitioners referred to the decision of the case of Suman alias Faisal Ahmed Vs. State and another reported in 1997 BLD 591 = 2 ..Category: Criminal Law | Date: | Hits: 86
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....ne of Taka 10,000 in default to suffer RI for 1 (one) year more, and why showing the present petitioner arrested on 5‑1‑2003 and thereafter issuing custody warrant against the petitioner by order dated 6‑1-2003 passed by the Special Tribunal No. 5, Dinajpur in the said Special Tribunal Case ......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602...Category: Criminal Law | Date: | Hits: 73
Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)
....ssued at the instance of the petitioner asking the present Rule opposite party to show cause why the petitioner Dr. Qazi Faruque Ahmed should not be enlarged on bail in Pallabi PS Case No. 31(6) 2004 dated 20‑6‑2004 now pending before the Chief Metropolitan Magistrate, Dhaka and or such other or......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ..Category: Criminal Law | Date: | Hits: 81
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....he Civil Aviation Authority (hereinafter referred to as the Authority) invited tender for appointment of cleaning contractor for Zia International Airport, Dhaka, and by the second tender notice, the date for submission of tender was extended from 20‑2‑2002 to 10‑3‑2002. 2. The background......he authority and the practice of the Authority, namely, appointing similar employees on temporary basis. 8. In invoking the principle of legitimate expectation, Mr. Rokonuddin Mahmud relied on the decisions of the two cases: 1. Chairman BJMC Vs. Nasir Ahmed Chowdhury and others, reported in 7 ..Category: Employment/Service Law | Date: | Hits: 125
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....han and Ziaul Haque ‑ For the Respondents. Appeal From Original Decree No. 96 of 2002. Judgment Md. Abdur Rashid J. - Defendant No. 1 Al Baraka Bank presented the appeal against the decree dated 26‑11‑2001 passed by the Joint District Judge and First Commercial Court at Dhaka in Title...... learned Senior Advocate, on the other hand, submitted that no issue on res judicata was framed in the Artha Rin suit and no step was taken for stay of further proceedings of the present suit pending decision of the Artha Rin suit, hence the decision of the Artha Rin Adalat will not be binding on th..Category: Civil Law | Date: | Hits: 109
Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)
....For the Respondents. First Miscellaneous Appeal No. 5 of 1985 and First Miscellaneous Appeal No. 273 of 1991. Judgment Gour Gopal Saha J. - This appeal is directed against the orders dated 24‑7‑1985 and 8-8-1985 passed by the Subordinate Judge, Bhola in Title Suit No. 104 of 198......bdul Quayum, the learned Advocate for the appellants, has referred before us the case of Nur Mohammad Vs. Jogendra Kumar Dutta and others, reported in 28 DLR 7 in support of his contention. The cited decision fully supports the facts and circumstances of the present case and, as such, we have no hes..Category: Civil Law | Date: | Hits: 89
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
.... was sick, he allowed him to sit on a chair at the time of recording, his statement and that the appellant was then undergoing treatment. 8. This confession was recorded on 18‑4‑2002, on which date, the appellant was not fully recovered as appeared from the testimony of PW 2. PW 5 stated in c......e right of private defence under the Penal Code is entirely a preventive reason provided to a person or party who is unlawfully attacked by another person or party, to dispel such attack." In another decision, in Parichhat Vs. State of MP AIR 1972 SC 535, it has been observed "it is true that if the..Category: Criminal Law | Date: | Hits: 128
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....dvocates ‑ For the Respondents. Writ Petition No. 838 of 2001. Judgment Md. Abdur Rashid J. - The above Rule Nisi was, issued upon the respondents asking them to show cause as to why order dated 28‑6‑2000 passed by the respondent No. 1 the Bankruptcy Court in Bankruptcy Suit No. 27 of...... DLR (AD) 112; Government of Bangladesh Vs. Member, Administrative Tribunal, 8 MLR (AD) 148, Hasina Textile and Printing Mills Vs. Court of Additional District Judge and Bankruptcy Court, (unreported decision); Nagina Silk Mill Vs. Income Tax Officer and others, 15 DLR (SC)181; Begum Lutfunnessa Vs...Category: Others | Date: | Hits: 185
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
....d-For Respondent No.1 (In both the cases) Not represented-For Respondent No.2 (In both the cases) Criminal Petition for Leave to Appeal Nos. 272 and 273 of 2010. (From the judgment and order dated 4th March, 2010 passed by the High Court Division in Criminal Miscellaneous Case Nos. 15400 an...... therefore the judgment and order of the High Court Division is liable to be set aside. He next submits that the High Court Division has committed an illegality upon being misled and relying upon the decision in the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan reported in 17 BIT (AD) 41, which..Category: Criminal Law | Date: | Hits: 75
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....lam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No.1. Not represented-Respondent No.2 Civil Appeal No.192 of 2009. (From the Judgment and Order dated 23rd April, 2008 passed by the High Court Division in First Appeal No.154 of 2006). Judgmen......ths' prior notice in accordance with section 273 of the Cantonment Act. This finding of the High Court Division is based on proper appreciation of law and fact. 22. The findings arrived at and the decision made by the High Court Division are made on proper appreciation of law and facts and do not..Category: Property Law | Date: | Hits: 81
Govt. of People's Republic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)
....ury, Assistant Attorney-General, instructed by S.S. Hoda, Advocate-on-Record - For the Appellant. Not represented - the Respondent. Civil Appeal No. 27 of 1977. (From the Judgment and Order dated 14-3-74 passed by the High Court Division in Criminal Miscellaneous Case No.188 of 1973). J......icular person, if the rules of business so authorise him to do a particular function, and in discharging that function, the authority so named may constitute the Government. 7. In this context the decision reported in 8 DLR (FC) 102, in the case of The Crown Vs. Muhammad Fazal Bangash may be cite..Category: Criminal Law | Date: | Hits: 63
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