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....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
......ame. A decision of the State may not be permitted to be challenged in a Court of Law but the implementation of such decision by the executive authority of the State without due diligence, without due application of mind, without reasonableness, without fairness, with arbitrariness and or in favour o..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ...... an appeal before the Taxes Appellate Tribunal without however making any payment of the tax as was required under section 158(2) of the Ordinance. 5. On or about 24.05.2001 the petitioner made an application before the member (tax waiver and exemption), the Board at Dhaka for complete waiver fro..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ......amalul Alam, Advocate - For the petitioner. Md. Faruk Hossain, Advocate - For the respondent No.2. Writ Petition No.5979 of 2005. Judgment Sheikh Abdul Awal J.- This Rule was issued on an application under Article 102 of the Constitution of the People's Republic of Bangladesh calling upo..Category: Civil Law | Date: | Hits: 136
....he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
......ordinate Judge, Second Court, Kurigram which dismissed the appeal and affirmed the judgment and decree passed by the trial Court.
7. Being aggrieved thereby, the defendants as petitioners filed an application under section 115(1) of the Code of Civil Procedure before this Court and obtained the p..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ...... 6. Being aggrieved by and dissatisfied with the Judgment and decree passed by the learned Additional District Judge, 7th Court, Dhaka, the plaintiff-appellant-petitioner preferred instant revisional application under Section 115 of the Code of Civil Procedure before the High Court Division and obta..Category: Civil Law | Date: | Hits: 94
Mrs. Rokeya Begum Vs. Chartered Credit CoÂoperative Ltd., 2009, 38 CLC (HCD)
....e been supported by our apex Court. i) a cheque can be presented for encashment on any number of occasions within the period of its validity and its dishonour on every occasion will give rise to a fresh' Cause of action' within the meaning of clause (b) of section 141 of the Negotiable Instrument...... Ahmed - For the Petitioner. Muhammad Mofazzal Hossain - For the Opposite Party. Criminal Miscellaneous Case No.1709 of 2008. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of criminal Procedure was issued upon the opposite ..Category: Criminal Law | Date: | Hits: 70
.... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
......ce for Bangladesh and others…………………….Petitioners
Vs.
Government of Bangladesh and others……………………Respondents
Judgment
March 21, 2010.
Result:
All the applications are rejected.
Cases Referred to-
Human Rights and Peace for Bangladesh and other..
Category: Environmental Law | Date: | Hits: 731
Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)
.... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ......isonment for seven years each and both the sentences shall run concurrently. 5. Being aggrieved by the aforesaid Judgment and order of conviction and sentence the convict-petitioner has filed this application under Section 561A of the Code of Criminal Procedure for quashment of the proceedings of..Category: Criminal Law | Date: | Hits: 81
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......e No. 31/79-80 as enemy property. Plaintiff did not know about all these facts as he was not in Bangladesh. While he came in Bangladesh from abroad, he was advised, by the revenue employee to file an application to the Sub divisional Officer (Sadar) Noakhali for getting lease of 3.48 acres of land i..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
....ision is found in the Code of Criminal Procedure under which an application for revival of the case can be permitted to be filed. There is no power available to the High Court Division even to direct fresh or further trial if the time as stipulated under section 339C Cr.P.C. runs out. …………â€......ustice and tyranny at the hands of interested and designing persons. The High Court Division can really help very little because no provision is found in the Code of Criminal Procedure under which an application for revival of the case can be permitted to be filed. There is no power available to the..Category: Procedural Law | Date: | Hits: 102
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......he accused and, as such, there will be no scope to presume that they remained absconding with guilty knowledge. According to appellant, above cited decision as reported in 39 DLR (AD) 117 can have no application in the present case. 54. It is true that sometimes there may be absconsion or hiding ..Category: Criminal Law | Date: | Hits: 93
....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......party is dealt in Sub-Rule (2) of Rule 10 of Order I of The Code. Sub-Rule 2 of Rule 10 of Order 1 of The Code enshrines that the Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the..
Category: Property Law | Date: | Hits: 82
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ......sses. But the Tribunal has not yet been able to record testimony of any witness due to failure of the prosecution to produce them in the Court. On this back ground, the accused-appellant submitted an application for bail but the learned Judge of the Tribunal rejected his prayer by the impugned order..Category: Criminal Law | Date: | Hits: 92
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ......Lawyers Involved: Khair Ezaz Mashood - For the petitioner. Md. Osman Ghani - For the Opposite Party No.1. Criminal Revision No.676 of 2005. Judgment Md. Emdadul Huq J.- This revisional application under section 439 of the Code of Criminal Procedure, 1898 (shortly the Code of 1898) is ..Category: Property Law | Date: | Hits: 122
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ......e Judge, Court No.2, Kurigram for disposal. The Court of appeal below affirmed the judgment and decree passed by the trial Court. 7. Being aggrieved thereby, the defendants as petitioners filed an application under section 115(1) of the Code of Civil Procedure before this Court and obtained the p..Category: Procedural Law | Date: | Hits: 115
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......vocates — For Opposite Party No. 1. Md. Shahidul Islam, Deputy Attorney General — For Opposite Party No. 2. Criminal Revision No. 637 of 2007. Judgment Khondker Musa Khaled J. - On an application under section 439 read with section 138 of the Code of Criminal Procedure, the Rule was ..Category: Procedural Law | Date: | Hits: 128
....writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
......auddin Dolon, Advocates — For the Petitioner.
Abdus Samad Kamal, Deputy Attorney General — For Respondent No. 1.
Writ Petition No. 4512 of 2007.
Judgment
Md. Ashfaqul Islam J. - In an application under Article 102(2)(a)(ii) of the Constitution this Rule at the instance of the petitio..
Category: Administrative Law | Date: | Hits: 494
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......, Second Court Shariatpur who allowed the appeal, dismissed the suit and reversed the judgment and decree passed by the trial Court. Being aggrieved thereby, the plaintiffs as petitioners filed an application under section 115 of the Code of Civil Procedure before this Court and obtained the pres..Category: Administrative Law | Date: | Hits: 452
.... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
......an, Deputy Attorney-General with Md. Kamrul Islam, Assistant Attorney-General — for the Deputy Commissioner, Dhaka.
Writ Petition Nos. 1539, 1948-50 of 2008.
Judgment
Md. Imman Ali J. - An application under Article 102(2) (i) (ii) of the Constitution of the People's Republic of Bangladesh..
Category: Property Law | Date: | Hits: 121
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......nt Farah Mahbub J. - Since common question of law and facts are involved in all these Writ Petitions they have been heard together and are being disposed of by this single judgment. 2. In these applications under Article 102 of the Constitution Rules Nisi have been issued calling upon the resp..Category: Constitutional Law | Date: | Hits: 466
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