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Al Haj A.B.M. Mohiuddin Chowdhury Vs. State, 2007, 36 CLC (HCD)
....aring for the State. Dr. Kamal Hussain, learned advocate appearing for the accused petitioner submits that allegations in the forwarding report are concocted, vague and indefinite and same furnish no legal or rational basis for arrest of the accused petitioner merely on apprehension or suspicion. Ad......of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ..Category: Criminal Law | Date: 2 Dec, 2007 | Hits: 3
....etitioner submitted a representation to the Member (VAT) of the National Board of Revenue for adjustment of the aforesaid input VAT. As the petitioner received no reply, it was constrained to serve a legal notice dated 26.04.01 upon said respondent No.2 demanding justice for early disposal of the pr......78,40,997.85 by crediting the sum to the Current Account of the petitioner.
Send down the lower court's record at once.
Ed.
This Case is also Reported in: 28 BLD (HCD) (2008) 18.
..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....e of the property situated at NER-14, Road No.84, Gulshan, Dhaka from the 'Ka' list of abandoned properties should not be declared to have been passed without lawful authority and to be of no legal effect. 2. In Writ Petition No.1042 of 2001, a Rule Nisi was issued upon the respondents ......hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)
....harge sheet and P.W.12 Dr. A. K. M. Rafiqul Islam Khan submitted medical report. He finally submitted that as the case was a fabricated one so the FIR was lodged after 15 days where there was no legal explanation of the delay but the trial judge without considering the above statements of P.Ws......et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
....in with Sara Hossain with Ramzan Ali Sikder-For the Petitioner.
Fazlul Haque-For the Respondents.
Writ Petition No.8044 of 2005.
Judgment
Mohammad Abdur Rashid J.- In the above Rule Nisi legality of three CRF certificates issued on 20.10.05 in respect of the imported sugar was challenge......omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
.... Petitioner. Md. Golam Hossain Sarwar, Advocate- For the Opposite Parties. Civil Revision No.2152 of 2005. Judgment Syed Md. Ziaul Karim J.- This Rule, calls in question, the legality and propriety of the judgment and decree dated 27-04-2005 passed by the learned District Ju......6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)
.... - For the Respondents. Writ Petition No.5662 of 2001. Judgment Zinat Ara J.- In this application under Article 102(2)(a)(ii) of the Constitution, the petitioner called in question the legality of the order dated 10-9-2001 issued by the Deputy Director, Bangladesh Bank (respondent No.......find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ..Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....s were simply terminated with all admissible monetary benefits and no blame or stigma was attributed against them for such termination. By the letters of termination, they were asked to collect their legal dues from the petitioner. The order of termination is legal, valid and binding on the responde......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....he alleged offence and no other hypothesis other than the guilt of the accused can be inferred from the given circumstances. In the case under review, circumstantial evidence falls far short of the legal test to be the basis of conviction of the accused appellants. In the facts and circumstances ......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
....ditional District Judge and Bankruptcy Court, Dhaka in Bankruptcy Suit No.14 of 1999 so far it relates to the petitioner should not he declared to have been made without lawful authority and is of no legal effect and why the said impugned Judgment and decree dated 13.09.1999 should not be set aside ......ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....respondent are guilty of gross violation of the Constitution, rule of law and fundamental rights of the writ-petitioners together with the prayer 'A' that the orders "F, K, L," should be declared illegal being violative of fundamental rights of the respondents as guaranteed under the Constitution.......r when the plan was cancelled and despite the various notices the writ-petitioners gave a deaf ear and continued with the construction work unabatedly even after the issuance of Rule with an order of status quo and with supreme indifference and utter contempt, the writ-petitioners have raised the st..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
....ut any corroboration by the independent and disinterested witnesses. 68. In view of the discussion made above and the facts and circumstances of the case and the evidence on record, and also the legal position, we are of the opinion that the prosecution has miserably failed to prove the case ......ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
Md. Hanifa and another Vs. State, 2007, 36 CLC (HCD)
.... learned Advocate appearing for the; accused-petitioners submits that out of previous enmity with the informant party this innocent petitioners have been falsely implicated in this case without any legal basis. The learned Advocate, in the course of his argument after placing the First Informatio......302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 66. ..Category: Criminal Law | Date: 17 Jul, 2007 | Hits: 3
.... which exists in a situation where the parties stand upon
nothing but an engagement which is not final or complete, is excluded. For
equity will support a transaction clothed imperfectly in those legal forms to
which finality attaches after the bargain has been acted upon."
and further ......the appeal.
Consequently the appeal is dismissed without any order to cost.
Send down the lower
court records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
....any construction thereon as well as for a declaration that Khatian No.64/1 opened by Opposite Party-Defendant No.9 in Miscellaneous Case No.565/85-86 in the name of Opposite party-Defendant No.8 is illegal and void and not binding upon the Plaintiffs. The suit lands measure an area of .50 acre out o......t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
....ing before us the prosecution case. 15. The allegation against the accused appellant Roni Ahmed Liton @ Liton Ahmed Roni is that he abducted the victim Tohura on 25-8-2003 against her will and illegally raped her. 16. On the other hand, the defence version is that the victim is aged about ...... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386. ..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
Al-Haj Abdul Maleque Gazi Vs. Government of Bangladesh, 2007, 36 CLC (HCD)
.... inclusion of part of home-stead Plot No.893 in the acquisition proceeding being L.A. Case No.1 of 1095-96 should not be declared to have been made malafide, without any lawful authority and is of no legal effect. 2. The petitioner challenged the legality and validity of acquisition of his home......e case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 184. ..Category: Evidence Law | Date: 3 Jun, 2007 | Hits: 10
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
....ch raises a presumption against the prosecution to the effect that had they been examined they would not support the prosecution case. Mr. Hoque further submits that the learned tribunal Judge most illegally relying on the so-called statement of the condemned prisoner Kalla Palash as recorded in Aud...... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
....82-83 was restored for hearing. Thereafter the CO (Revenue) by order dated 16-8-1983 allowed the Miscellaneous Case and allowed the prayer for redemption of the suit land. That order was void, illegal, without jurisdiction and not binding upon the plaintiff. The plaintiff has been in possession......ial Court (by the Assistant Judge) was challenged before the learned District Judge, Bagerhat in Miscellaneous Appeal No.85 of 1988. By order dated 12-12-88 the parties were directed to maintain status quo. That order of status quo having had been made on the prayer of the plaintiff that tantam..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Faruk Ahmed and another Vs. Bangladesh, 2007, 36 CLC (HCD)
....g effect to the aforesaid opinion of PSC. These facts show that the expectation of the petitioners about a year are reasonable and legitimate in the circumstances, which clothe the petitioners with legal right to get seniority pursuant to the opinion of PSC, since there is no overriding public i......ssion (Annexure-D) within two months from the date of receipt of this judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 151. ..Category: Others | Date: 16 May, 2007 | Hits: 4
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