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Category: Civil Law | Date: | Hits: 218
Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ney General - for the respondent. Jail Appeal No. 1836 of 1996 Judgment Md. Ruhul Quddus J. - This appeal under section 420 of the Code of Criminal Procedure is directed against judgment and order dated 15.2.1995 passed by the Assistant Sessions Judge, First Court, Cox’s Bazar in Session ...... the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ppointed by the Ministry of Law and Parliamentary Affairs to provide legal aid to the appellants in jail appeals, submits that in the present case there is no iota of evidence against the appellant. None of the witnesses raised any allegations against him even mentioned his name in their evidence. S..Category: Criminal Law | Date: | Hits: 95
Mohibul Alam Vs. State, 2012, 41 CLC (HCD)
....ions Judge, Court No. 3, Kushtia in Session Case No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......rney General- for the respondent. Jail Appeal No. 1050 of 2008 Judgment Md. Ruhul Quddus J. - This appeal under section 420 of the Code of Criminal Procedure is directed against judgment and order dated 10.9.2008 passed by the Assistant Sessions Judge, Court No. 3, Kushtia in Session Case N......se No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......hibul Alam ..................... Appellant Vs. The State ......................... Respondent Judgment May 13, 2012. Result: The jail appeal is dismissed. Lawyers Involved: No one appears - for the appellant. Khizir Hayat, Deputy Attorney General with Yousuf Mahmud Morshed..Category: Criminal Law | Date: | Hits: 81
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
.... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... General - for the opposite party. Jail Appeal No. 343 of 2007. Judgment Md. Ruhul Quddus J.- This appeal under section 420 of the Code of Criminal Procedure is directed against judgment and order dated 29.3.2007 passed by the Special Tribunal No.4, Rajshahi in Special Tribunal Case No. 55 ...... not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......m from his house at village Charboarmary within the police station of Godagari, Rajshahi and following his statement they recovered 3978 pieces of detonators from a nearly land owned and possessed by one Iliasur Rahman alias Khyapa. 3. The ejahar gave rise to Godagari Police Station Case No.18 da..Category: Criminal Law | Date: | Hits: 119
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
....public of Bangladesh. 6. Mr. Mahbubey Alam, the learned Attorney General, on the other hand, raised a very basic legal question as to the consequences of inclusion of a building in the 'Ka' list published under section 5(1)(a) of the said Ordinance. He first submits that since the decree in que...... different approach, if not unique approach. 15. Further, once a property is released by government from the clutch of abandoned properties, it cannot even subsequently cancel the said release order as there is no such provisions either in PO No.16 of 1972 or in Ordinance 54 of 1985 allowing ......30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......3 DLR (HCD) (2011) 198. ..Category: Property Law | Date: | Hits: 127
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... questions in the negative and against the revenue department and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ......, learned Deputy Attorney-General submitted that on 25-5-97 the Deputy Commissioner of Taxes read the report of the Income Tax Inspector the authorized representative of the applicant, who signed the order as 'seen'. After reading and showing the report of the Inspector to the authorized representat......tment and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ......preme Court High Court Division (Statutory Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftah Uddin Choudhury J SM Kamaluddin…………..Applicant Vs.. Commissioner of Taxes... ...............Respondent Judgment March 27, 2007. Result: The Reference ..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....l Gazette of an order under sub-section (1) shall be conclusive evidence that the order has been duly made." Notes The Notification referred to in sub-section (3) of this section which has been published is Notification No.18636 dated 13-12-55. He has referred to the decision in the case of......sing the appeal and affirming those dated 15-6-1991 and 19-6-1991 respectively passed by in Title Suit No.111 of 1989 decreeing the plaintiff suit should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper." 2. The plaint case, in short, i......r Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......Reported in: 63 DLR (HCD) (2011) 173. ..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ...... General Registered Case No.89 of 2007 and Metropolitan Special Case No.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The fact relevant for disposal of th......al Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......h Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina Wazed alias Sheikh Hasina……………………Accused-Petitioner Vs. State and another……………………Opposite-Parties Judgment April 13,..Category: Criminal Law | Date: | Hits: 156
Category: Property Law | Date: | Hits: 159
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... Writ Petition No. 8642 of 2010. Judgment Md. Ruhul Quddus J. - The petitioner being a third party mortgagor obtained this Rule challenging an auction notice for sale of his mortgaged property published in the Daily Sangbad on 7.10.2010 and subsequent auctioning of the property in pursuance t......g exclusion of his property on payment of highest amount as quoted in the auction. Getting no response, the petitioner moved this Court under article 102 of the Constitution, obtained the Rule and an order of status quo. 3. The highest bidder Al-haj M. A. Munsur is made respondent No.5 in the pre......der of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......also Reported in: ..Category: Civil Law | Date: | Hits: 129
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......96) (Annexure "A", "A1” to the petition) should not be declared to be ultra vires of the Constitution of the People's Republic of Bangladesh and of no legal effect and/or pass such other or further order or orders as to this court may seem fit and proper." 4. It is stated in the petition that t...... these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......on (Special Original Jurisdiction) Present: Md. Joynul Abedin J Md. Awlad Ali J Mirza Hussain Haider J M Saleem Ullah Advocate, Supreme Court...................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs, ..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....e respondents to show cause as to why section 12 of the Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003) should not be declared ultra vires of the Constitution and why the notice for sale in auction published in the daily Prothom Alo dated 25‑3‑2004 in respect of the petitioner's mortgaged prop......nk but, if the property is sold prior to filing of any suit in the Artha Rin Adalat under the Ain the petitioner borrower will not get any opportunity of settlement and negotiations for settlement in order to arrive at a compromise as provided under sections 21, 22, 23 and 24 of the Artha Rin Adalat......ed without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......(2005) 168. ..Category: Civil Law | Date: | Hits: 129
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......tion the accused was taken to their custody and the accused who is a foreigner is required to be interrogated by remanding him to their custody for 7 days in connection with the recovery of heroin in order to unearth the chain of International Traffickers/Smugglers of Heroin. Upon the said forwardin......ansferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ...... This Case is also Reported in: 50 DLR (HCD) (1998) 460. ..Category: Criminal Law | Date: | Hits: 164
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ...... Respondent No.1 (State). Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For the Respondent No. 2. Criminal Appeal No.18 of 1982. (From the judgment and order dated 28-5-82 passed by the High Court Division in Criminal Revision No.38 of 1981) Judgmen......not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......ision (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Shahidullah Patwary…………………Petitioner Vs. State…………………Respondent Judgment May 2, 1983. Result: The ..Category: Criminal Law | Date: | Hits: 111
Abdul Gafur Sarder and another Vs. State and another, 1982, 11 CLC (AD)
....ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ...... and Order dated 19-5-82 passed by the High Court Division in Criminal Misc. Case No. 43 of 1982. Judgment Chowdhury ATM Masud J.- This appeal by special leave arises out of the judgment and order dated 19-5-82 of the High Court Division in Criminal Miscellaneous Case No.43 of 1982 affirmin......aid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ......red the house on the night of 14-5-80 at about 2/3 am and while they were taking away two bi-cycles from the ground floor of the house, brother of the complainant, his bhabi and nephew caught hold of one of the miscreants and at that time another miscreant fired gun shot, as a result thereof the com..Category: Criminal Law | Date: | Hits: 97
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......e Special Public Prosecutor filed a petition on 24.11.1976, praying for withdrawal of the case. The Special Tribunal allowed the prayer for withdrawal and recalled all processes. 3. Against this order of withdrawal, the appellant moved the High Court in its writ jurisdiction challenging the jur...... appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......t, in cases tried by jury before the return of the verdict, and in other cases before the judgment is pronounced, withdraw from the prosecution of any person/cither generally or in respect of any one or more of the offences for which he is tried/and upon such withdrawal- (a) if it is made b..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......n-Record - For the Appellant. Faqueer Shahabuddin Ahmed, Sr. Advocate, instructed by Abu Backkar, Advocate-on-Record - For the Respondent. Civil Appeal No. 81 of 1982. From the judgment and order dated April 2, 1982 passed by the High Court Division in Reference Case No.1 of 1981. Judgm......This Case is also Reported in: 35 DLR (AD) (1983) 262. ......l 241; Secretary to the Commission of Salt etc. Madras Vs. Mrs. Orr 38 Mad 646; Board of Revenue Vs. Sorrarazu, AIR 1976 Mad 1038 (FB); Mutual Property Insurance Co. Ltd. Vs. Inland Revenue Commissioner, 1926 All England Reports 493; Mad. B. P. 3011 R. Mis.; Inland Revenue Commissioner Vs. Hanry A..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ...... the Appellant. B.C. Panday, Advocate-on-Record, Supreme Court (absent) - For the Respondent No.1. Ex-parte - Respondent Nos. 2 and 3. Civil Appeal No. 50 of 1982. (From the Judgment and order dated October 27, 1981 passed by the High Court Division in F.M.A. No. 471 of 1976) Judgmen...... the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......king into consideration two lines of conflicting decisions on this point. 2. Facts of the case, so far necessary for determination of this question, are that the land under pre-emption was sold by one Abdul Bari Khan on 28 March 1974 to his nephew, Ayesh Khan who, however, retransferred the land ..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......দয় অবগতির জন্য উপ-পরিচালক (টাষ্ক ফোর্স-৩) দুর্নীতি দমন কমিশন। The above reproduced purported order was based on a First Information Report (FIR), dated 27th March 2002, invoking sections 409, 4......me relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......e Nation, Late Bangabandhu Sheikh Mujibur Rahman, Village and Upazilla: Tungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka....... Petitioner Vs. Bangladesh, represented by the Secretary for Ministry, Cabinet Division, Government o..Category: Criminal Law | Date: | Hits: 133
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
.... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ...... for the respondents. Writ Petition No. 3664 of 2008. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question order dated 29.1.2008 passed by Artha Rin Adalat No.1, Chittagong in Artha Rin Execution Case No.278......dgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......rted in: ..Category: Civil Law | Date: | Hits: 129