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State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....vated the other condemned-prisoners. Accordingly, the rape and murder took place. These facts having been disclosed during the investigation of first information report lodged by Shajneen's father, a fresh first information report was lodged under the Ain, 1995 by PW 1 on 4-9-1998. This case was rec...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......”For the Petitioners. Rabi Shanker Chakraborty with Zakir Hossain, Advocates—For the Opposite Parties. Civil Revision No. 4634 of 2000. Judgment Siddiqur Rahman Miah J.- This revisional application under section 115(1) of the Code of Civil Procedure at the instance of the defendant-res..Category: Property Law | Date: | Hits: 70
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534....... facts as stated in the writ petition briefly, are that the petitioner passed Dakhil, Alim, Fazil and Kamil examinations in the year of 1982, 1984, 1987 and 1989 respectively. The petitioner filed an application on 6-10-1997 to the Ministry of Law, Justice and Parliamentary Affairs for appointment a..Category: Employment/Service Law | Date: | Hits: 81
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ......y-General with Kazi Waliul Islam, Assistant Attorney-General—For the Respondent. Income Tax Reference Application Nos. 76 & 77 of 2000. Judgment MA Wahhab Miah J. - These two reference application have arisen out of an order dated 23-4-2000 passed by the Taxes Appellate Tribunal, Divi..Category: Fiscal/Taxation Law | Date: | Hits: 88
Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)
....sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529.......-General—For the State-Opposite Party. Criminal Miscellaneous Case No. 10887 of 2006. Judgment Md. Mizanur Rahman Bhuiyan J. - This Rule was issued by a Division Bench of this Court on an application filed by the petitioner made under section 498 of the Code of Criminal Procedure challen..Category: Criminal Law | Date: | Hits: 64
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......hairman and being biased by the informant he submitted charge-sheet against the accused. 19. PW 7 AZM Nasiruzzaman deposed that he was the Magistrate 1st Class at Kalai Upazila. On the basis of an application filed by the investigation officer, on 2-11-1989 at 12-15 hours he held a test identific..Category: Criminal Law | Date: | Hits: 52
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ......t the Chemical Bank was mentioned as advising bank and the issuing bank did not give any authority to any bank to make payment to the beneficiary and in the absence of such authority, the question of application of article 16(a) of UCP 400 did not arise. 90. In reply, Mr. Abdur Rezzaque stren..Category: Business or Commercial Law | Date: | Hits: 289
AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)
.... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ......ocates-For the Petitioner. M R Hasan, Advocate-For Respondent Nos. 2‑4. Writ Petition No. 6403 of 2003. Judgment Shah Abu Nayeem Mominur Rahman J.- While considering the application for vacating the order of stay, it appeared to us that instead of disposing of the appli..Category: Employment/Service Law | Date: | Hits: 66
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
....it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91.......fs on the basis of the vokalatnama which was signed by the defendant No.1 on pressure on 18.05.2005 in the CID office engaged a lawyer and submitted a solenama in the court and also submitted another application for withÂdrawal of the written statement. On 24.05.2005 some persons introducing them a..Category: Property Law | Date: | Hits: 65
Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
.... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515.......ul Quddus, Advocates—For the Appellant. Kazi Waliul Islam, Assistant Attorney-General—For the Respondent. Reference Application No. 118 of 2002. Judgment Zinat Ara J. - This reference application under section 160(1) of the Income Tax Ordinance, 1984 at the instance of the assessee h..Category: Fiscal/Taxation Law | Date: | Hits: 91
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......e the petitioner made with the Government of Bangladesh is not related to Marine Fisheries Ordinance. The order of forfeiture was passed in accordance with law. Since the petitioner failed to tile an application claiming his vessel within 30 days of arrest he cannot get any relief as prayed for and,..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....ocedure. 15. Accordingly, all these four appeals are allowed. The impugned judgment and order of conviction and sentence are set aside. The case is sent back on remand to the trial Court to hold a fresh trial in accordance with law and accordingly, the trial Court is directed to conclude the tria......he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ..Category: Criminal Law | Date: | Hits: 53
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
.... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ......e of the fundamental rights and it was framed under the lawful authority and the respondent No.2 has lawful authority to renew or not to renew the licence and after due consideration the petitioner's application was rejected because of the contravention of Rule 8(1) of the Saw-Mills (Licence) Rules,..Category: Environmental Law | Date: | Hits: 551
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
.... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ......n from the concerned authorities for the purpose of running the business under section 46A(1) of the Income Tax Ordinance, 1984 (hereinafter referred to as the said Ordinance) the petitioners made an application to the National Board of Revenue for tax holiday on 24-9-2000 furnishing all the necessa..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
.... possession, however concurrent by the Courts below, being not based on the evidence oral and documentary and law, cannot be binding in revision. The case is very old. So, I had to take pain to find afresh the issues the parties are found to be in variance on the basis of the evidence on record and ......tioner. Sadananda Rana, Advocate—For Opposite Party Nos. 1 to 10. Civil Revision No. 112 of 1991. Judgment Md. Abdur Rashid J. - Defendant No. 1 obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against judgment and decree dated 18..Category: Property Law | Date: | Hits: 79
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
.... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ......yers Involved: Md. Khurshed A lam Khan, Advocate—For the Petitioner. No one appears—For the Respondents. Writ Petition No. 3013 of 2004 Judgment Quamrul Islam Siddiqui J. - In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nis..Category: Election Law | Date: | Hits: 87
....of the whole site. He submitted that the lawns, plazas and greeneries are a source of respite for the city dwellers who gather there every day for their physical and mental recreation and a breath of fresh air. He added that innumerable tourists both from home and abroad are attracted to the site fo......Md. Salahuddin, Advocate—For Respondent No. 4.
No one appeared—For Respondent Nos. 2 and 3.
Writ Petition No. 3548 of 2003.
Judgment
Md. Imman Ali J. - This Rule Nisi was issued on an application under Article 102 of the Constitution challenging the construction of residences for the..
Category: Environmental Law | Date: | Hits: 484
Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431.......s Involved: Subrata Chowdhury, Advocate—For the Petitioners. Mrinal Kanti Biswas, Advocate—For Respondent. Writ Petition No. 6402 of 2004. Judgment Syed Mahmud Hossain J. - In this application under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondent..Category: Business or Commercial Law | Date: | Hits: 186
Solaman Vs. State, 2005, 34 CLC (HCD)
....more, the accused-petitioner have gone thorough the motion of a full scale trial and that the trial itself was without jurisdiction and will be an act of injustice if he is required again to go for a fresh trial and, as such, for the ends of justice we refrained ourselves in sending the accused-peti...... fine of Taka 5,000 in default to suffer rigorous imprisonment for 6(six) months more. 7. The accused petitioner was arrested by the police on 11-11-2002 and he preferred the instant miscellaneous application under section 561A of the Code of Criminal Procedure and obtained the Rule. 8. Mr. Sy..Category: Criminal Law | Date: | Hits: 53
Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)
....lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425.......ty. Civil Rule No. 577(con) of 2004. Judgment Siddiqur Rahman J. - This Rule was issued calling upon the opposite party to show cause as to why the delay of 285 days in filing the revisional application should not be condoned. 2. Heard the learned Advocate for the petitioners and the lea..Category: Procedural Law | Date: | Hits: 116
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