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Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....d Writ Petition No.5721 of 1997. Judgment Moyeenul Islam Chowdhury J.-In Writ Petition No.2603 of 2000, a Rule Nisi was issued upon the respondents as to why the impugned judgment and order dated 25.11.19.96 (Annexure-J) passed by the 1st Court of Settlement, Segun Bagicha, Dhaka (responde......without considering any material evidence/facts causing prejudice to the petitioner or it has acted malafide or in violation of the principle of natural justice. This- view is underpinned by the decision in the case of the Government of Bangladesh Appellant Vs. Md. Jalil and others Respondents ..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)
.... appellant Fazlu alias Fazla preferred this appeal under section 24 of the Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 challenging the judgment and order of conviction and sentence dated 18.05.2000 passed by the learned Judge, Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Netrakon......d the aforesaid harsh sentence without acquitting the innocent appellant and as such he prayed to allow the appeal after acquitting the convict appellant. In support of his contention he cited the decision in the cases of Hossain Shially (Fakir) Vs. The State, reported in 8 MLR 355, Fazlul Hoq S..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....Respondent. Criminal Appeal No.3038 of 2006. Judgment Khondker Musa Khaled J.-This Criminal Appeal under section 30 of the Special Powers Act, 1974, is directed against the order dated 29.6.2006 passed by the learned Judge of the Metropolitan Special Tribunal no.7, Dhaka in Met......ase is not completed within 360 days, if the accused is in custody, he should be released on bail even in the case of non bailable offence, unless special reasons are found by the Court to take the decision otherwise. In this case, we do not find any reason to take more than three years for dis..Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7
Muktijoddha Bahumukhi Samabaya Samity Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....i Samabaya Samity (briefly as Samity), duly registered under District co-operative office and Ministry of Muktijodda Affairs (Annexure A and A-1 respectively) The Ministry through SRO No.203 Law/2002 dated 24-7-2002 approved the Rule of the Freedom Fighters and its association (Annexure-B). Subseque......otment the provisions of Rule-4 of উপ-আইনমালা-২০০৩ were not complied, which render the process of allotment bad in law. 14. It has been held by the Privy Council in its decision reported in AIR 1936 PC 53 that the rule which applied is, that where a power is given to d..Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43
....he writ petition. On 15.11.07 the application was ordered for hearing on 17.11.05 and the above Rule was issued as aforesaid. Ultimately, the application was ordered to be kept with the file by order dated 27.11.05.
6. Then, said respondent No.1 on 07.05.07 submitted an affidavit-in-opposition to......ad. Moreover, none of the provisions under the section could be invoked before assessment of duty and clearance of the goods. In such view of legal position, and when the entire matter is pending for decision in this Division, issue of such demand notice must be held to be without application of min..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
....hy;cate- 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 Judge, Joypurhat, in O.C. Appeal No.1 of 2005 affirm......Goswami, the learned Advocate appearing with Mrs. Afsana Begum, the learned Advocate supports the Rule and submits that that the plaintiff filed the suit for permanent injunction not against any decision of the committee of the Estate. He adds that before rejection of the plaint he was not give..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
.... the Petitioners. Asad Hossain Chowdhury, Advocate - For the respondent No.1-2. Writ Petition No.6067 of 2004. Judgment Md. Abu Tariq J.- This rule has arisen out of order No.49 dated 16.6.2004 issuing warrant of arrest against the writ petitioners passed by the Artha Rin Adal......r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ..Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
.... Judgment Sharifuddin Chaklader J.- This Rule, at the instance of the informant, under section 439 of the Code of Criminal Procedure, directing against the judgment and order of acquittal dated 31-7-2003 passed by the learned Metropolitan Additional Sessions Judge, 1st Court, Dhaka acqu......ting the murder which the learned Judge did not consider, as such, the impugned Judgment and order is liable to be set aside. 6. Learned Advocate, in support of his submissions, relied on the decisions, namely, the case of State Vs. Moslem, reported in 55 DLR 116, the case of Zahed Ali Fore..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)
..... 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.3) under Memo No. Boi ...... the petitioner. This irregularity, in our opinion, is a gross irregularity in case of a money changer business and not a nominal one as contended by Mr. Chowdhury. 24. We have also considered the decision as referred by Mr. Chowdhury but the facts and circumstances of the said decision are disti..Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....nd facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as follows: Let a Rule Nisi calling upon the respondents to show cause as to why the judgment and order dated 16.10.2005 passed by respondent No.1 (Annexure-C) should not be declared to have been passed w......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)
.... section 410 of the Code of Criminal Procedure at the instance of the accuseds Md. Isahaque Ali, Ismail @ Misu and Mosahaque is directed against the judgment and order of conviction and sentence dated 10-9-2000 passed by the learned Additional Sessions Judge, First Court at Naogaon in Sessions...... case within any of the exceptions does not relieve the prosecution from leading evidence and proving all the ingredients of the offence…………………..(39) The Court has to come to a decision on the basis of evidence adduced before it by the parties. If the findings of guilt of th..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
....of 2004, Crl. Appeal No.887 of 2004, Jail Appeal No.313 of 2004, Jail Appeal No.172 of 2005 and Crl. Misc. Case No.1195 of 2005. 2. Learned Speedy Trial Tribunal, Barisal by his judgment and order dated 01-03-2004 passed in Speedy Tribunal Case No.62 of 2003 convicted condemned prisoners (1) Tipu...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
.... Judgment Khademul Islam Chowdhury J.- Complainant petitioner Mrs. Fatema Begum obtained the rule calling upon the Deputy Commissioner, Dhaka to show cause as to why the judgment and order No.5 dated 26.6.2006 based on police report dated 30.3.1996 passed by the Nari-O-Shishu Nirjatan Daman Tr......om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
....t 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 31.08.99 disposed of them with little modifications in respect of disallowances and receipts o......ted that the Appellate Tribunal failed to exercise the jurisdiction vested in it for correction of the errors apparent on the face of the record. 31. In support, Mr. A. B. Siddique cited following decisions, 1) Maharana Mills (Pvt.) Ltd. Vs. Income-Tax Officer, Porbandar (1959) ITR 350 (SC); ..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....ed by him upon the condemned prisoners (1) Saidul @ Saidul Islam (2) Md. Adel @ Adil and (3) Badil @ Badar under sections 302/34 of the Penal Code by his Judgment and order of conviction and sentence dated 29-10-2003 passed in Druta Bichar Tribunal Case No.21 of 2003 arising out of GR No.11.16 of 20...... of the learned Advocates as stated hereinbefore, we refer to the relevant pieces of evidence on record and scan the attending facts and circumstances of the case with a view to arriving at a correct decision in the case in hand. 15. P.W.1, Md. Anowar Hossain, is elder brother of the victim Ima..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
.... the Respondent No.2.
Writ Petition No.984 of 2000.
Judgment
Sheikh Abdul Awal J.- By this Rule Nisi the Respondents were called upon to show cause as to why the impugned Judgment and decree dated 13.09.1999 passed by the learned Additional District Judge and Bankruptcy Court, Dhaka in Bank......es the Rule. The learned Advocate in the course of his argument after placing the impugned Judgment and decree of the Bankruptcy Court as evidenced by "Annexure-B" to the writ petition relying on the decisions reported in 5 MLR (AD) 297, 46 DLR (AD) 191, 54 DLR (AD) 6, and 59 DLR (AD) 6 straightforw..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
.... 4. Mr Rafique-ul-Huq, learned Counsel, appearing for the respondents, at very outset of hearing of the matter, has submitted that in view of the order Nos. 1 and 2 issued by the caretaker Government dated 11-1-2007 and 13-1-2007, these appeals involving enforcement of fundamental rights being suspe...... of provision of Building Construction Act but passingly alleged violation of certain Articles contained in Chapter III of the Constitution have been mentioned but the same has nothing to do with the decision in the matter in accordance with law which is basically designed challenging the legality o..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
.... Criminal Appeal No.402 of 2000. Judgment SAK Md. Dabirush-Shan J.- This criminal appeal at the instance of sole accused-appellant Md. Abdul Majid is directed against the Judgment and order dated 29-2-2000 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman (Bishesh) Adalat, Jessore,......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. Abdul Mannan and others Vs. Ministry of Education and others, 2011, 40 CLC (HCD)
.... approved the appointment as Principal although she had a third class in her Hon's Degree, evidenced from Memo No.০৭/র(০৯৫)জাতীঃবিঃ/কঃপঃ/অধি/৯৩/৩৩৮ dated 06.10.04, copy annexed as Annexure-C to the writ petition. 2. Perused the application and...... not seek relief earlier being afraid of the then ruling party in as much as the respondent No.3 was a Member of the Parliament belonging to the ruling party at the relevant time. It appears that the decision for appointment of the respondent No.3 as Principal was made by the Governing Body of the C..Category: Employment/Service Law | Date: 23 Jul, 2007 | Hits: 26
Md. Hanifa and another Vs. State, 2007, 36 CLC (HCD)
....mant suspected that out of previous grudge and enmity the accused persons in a pre-planed way might have killed his younger brother. Upon the aforesaid allegation Raipura Police Station Case No.21 dated 30.08.2006 under sections 302/34 of the Penal Code was started. 3. Police during invest......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
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