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Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....h the First Information Report, the charge, the depositions of the P.Ws. the order‑sheet of the case and the impugned Judgment. Mr. Khandkar then contends that the accused appellant has been most illegally tried in absentia in violation or section 339B(2) of the Code of Criminal Procedure and the ......ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ..Category: Criminal Law | Date: | Hits: 110
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
....te back to the date of the institution of the suit. But the Court will be reluctant to allow such amendment which would have the effect of totally altering the nature of the suit or would take away a legal right accrued to the defendant by lapse of time. ………………………………………...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)
.... is a democratic country having well established rule of law. Here no one, however high and mighty he may be, can take the law into his hands. 11. The security personnel had the authority to bring legal proceedings against Mr. Hossain for his illegal entry into restricted area, but they had no au......e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is disÂposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ..Category: Others | Date: | Hits: 87
Rakibuddin Talukder Vs. Government of BanglaÂdesh and others, 2009, 38 CLC (HCD)
.... Party No.1. ARM Hasanuzzaman Advocate - For the Opposite Party Nos.2(a)-2(m). Civil Revision No.985 of 1991. Judgment Syed Md. Ziaul Karim J.- This Rule calls in question the legality and proÂpriety of the Judgment and decree dated 09-03-1989 passed by the learned Subordina....... Office is directed to send down the records of this case at once with a copy of Judgment for inforÂmation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ..Category: Property Law | Date: | Hits: 76
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....dduce any independent evidence to state that the accused Kashem snatched the money and fled away. The alleged statement of accused Shahid said to have been made implicating co-accused Kashem is not a legal piece of evidence unless it is corroborated in material particulars by any independent witness......lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ..Category: Criminal Law | Date: | Hits: 83
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
....ued a cheque dated 02.06.2001 for Tk. 7(seven) lac to the petitioner. But, the said cheque was dishonored on 4.9.2001 as well as on 29.9.2001, when it was place for encashment. The complainant issued legal, notice demanding payment of his money, but the accuseds have misappropriated his money and th...... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ..Category: Criminal Law | Date: | Hits: 116
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....of Criminal Procedure if he can make out a case of 'coram non-judice’ of the trial Court or that the facts alleged do not constitute any criminal offence or that the conviction has been based on no legal evidence or otherwise for securing the ends of justice……………….(18) The Code of C......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ..Category: Criminal Law | Date: | Hits: 109
Osarunnessa Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....nnexure-B) in violation of Section 34 of the Artha Rin Adalat Ain, 2003 and Order XXI Rule 37 and section 56 of the Code of Civil Procedure shall not be passed without lawful authorÂity and is of no legal effect. 2. The background leading to the Rule, in short, is that the husband of the petitio......ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ..Category: Civil Law | Date: | Hits: 134
Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)
....eceiver till disposal of the proceeding under section 32 of the Waqf Ordinance 1962, hereinafter in brief the Ordinance, should not be declared to have been made without lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and prope...... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ..Category: Trust/Waqf Law | Date: | Hits: 85
Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
....place of seller MM Khan and Co (Pvt) Ltd in respect of two vessels, namely, 'FVT Salsabil' and 'FV Zanjabil' (Annexure-E) shall not be declared to have been made without lawful authority and is of no legal effect and as to why the respondent No. 1 shall not be directed to give effect of transfer end......icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ..Category: Civil Law | Date: | Hits: 124
Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
...., (b) Office entertainment expenses Taka 2,14,077, (c) Subscription and donation of Taka 11,330, (d) Business promotion expenses of Taka 1,15,000, (e) Sales commission of Taka 7,93,402, (f) Audit and legal expenses or Taka 56,415 and (g) Sub-contract expenses of Taka 76,16,318 and added those amount......ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....dings in LA Case No.22 of 1996-97 under Process No.259/7(16) dated 5-10-1997 (Annexure-B), issued by the respondent No.2, should not be declared to have been passed without lawful authority and of no legal effect. 2. Short facts leading to this Rule are that the Land Acquisition Officer, Rajshahi......er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ..Category: Property Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....aka, is a nullity as LA Case No.02 of 1987-88 had been initiated during pendency of the suit for acquisition of the suit land and other land and that the High Court Division without looking into this legal aspect of the case discharged the Rule and, as such, the impugned judgment should be set-aside......ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ..Category: Property Law | Date: | Hits: 104
Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)
.... as such the continuation of the proceedings is nothing but an abuse of the process of the Court. Mr. Rahman further submits that no Officer other than the Officer-in-charge of Police Station has any legal authority to hold any investigation of the alleged offence as per provision of section 39 of t....... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ..Category: Criminal Law | Date: | Hits: 90
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....s - For the Petitioner. Masud Ahmed Sayed, Advocate - For Respondent No.1. Writ Petition No.711 of 2004. Judgment Zinat Ara J.- In this Rule Nisi the petitioner challenged the legality of the orders dated 12-8-2003 and 8-2-2004 passed by the Artha Rin Adalat No.3, Dhaka in Ti......ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ..Category: Civil Law | Date: | Hits: 136
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....t of the amount will be paid subsequently. Thereafter opposite party No.2 the deposed cheque on 08.08.2007 for encashment but the cheque was dishonoured as the fund was insufficient. Then he served a legal notice on 03.09.2007 through his lawyer requesting for the payment of the money and accused pe......nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ..Category: Criminal Law | Date: | Hits: 107
....w cause under section 55(1) of the VAT Act as to why the punitive measures shall not be taken under section 37(2) of the Act should not be declared to be made/issue without lawful authority and of no legal effect.
2. The background leading to the petition, in short, is that the petitioner is a li......However, the petitioner will be at liberty to give reply under section 55 of VAT Act as per notice dated 15th July, 2007(Annexure-B).
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 388.
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Category: Fiscal/Taxation Law | Date: | Hits: 107
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
.... Feroz Alam, Advocate-For the opposite parties. Civil Revision No.2406 of 2008 Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-respondent was issued to examine the legality of judgment and decree dated 1.4.2008 (decree signed on 7.4.2008) passed by the Joint Distr......d allowed the same by judgment and decree dated 1.4.2008, challenging which the plaintiff-respondent moved in this Court with the present revisional application and obtained the Rule with an order of status quo in respect of possession of the suit land. 8. Mr. Md. Mubarak Hossain, learned Advocat..Category: Civil Law | Date: | Hits: 73
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
.... be nipped in the bud at its inception so that no further time is consumed on a fruitless litigation. A suit which on the face of it is incompetent under law should not be allowed to further encumber legal proceedings. If the suit is barred by law it is the statutory duty of Court to reject plaintâ€......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ..Category: Property Law | Date: | Hits: 69
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ifications were infused into this Division’s Judgment. 17. It is the Petitioners’ emphatic assertion that since the Supreme Court has declared the so-called 5th Amendment to the Constitution illegal and void ab-initio, and has, thereby, wiped out the purported ratification, confirmation and v......n, he would and have retired at leastas a Brigadier General, if not above, and as such he would haveserved the country for another 20 years with corresponding increase in salary, allowances, rank and status. 43. The Petitioner No.1 achieved highest gradation numberand stood 1st among 190 cadets s..Category: Criminal Law | Date: | Hits: 154
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