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Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....al - For the State. Criminal Appeal No.2869 of 2002. Judgment Siddiqur Rahman Miah J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against the judgment and order dated 24.08.2002 passed by the learned Judge, Metropolitan Special Tribunal No.6, Dhaka, in Metropol......ence of reliable and independent witnesses. Hence the judgment and order of conviction and sentence should be set aside and the appellant be acquitted of the charge levelled against him. He cited the decision in the case of Shadhu Miah and others Vs. The State with Md. Abdul Karim and others Vs. The..Category: Criminal Law | Date: | Hits: 77
Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)
....Deputy Attorney-General - For the State/Opposite Party. Criminal Miscellaneous Case No.9002 of 2004. Judgment Sharifuddin Chaklader J.- This Rule is directed against Judgment and order dated 18-3-2004 passed by the learned Judge of Janonirapatta Bighnakari Aparadh Daman Tribunal No.4,......the learned Judge of Janonirapatta Bighnakari Aparadh Daman Tribunal No.4, Dhaka. 2. An impugned question of law as to interpretation of section 205 of the Code of Criminal Procedure is posted for decision. 3. The facts of this case are that accused petitioner abet Shimi Banu, an adult daughte..Category: Criminal Law | Date: | Hits: 39
....o.1689 of 2006).
Civil Appeal No.256 of 2009.
With
Civil Appeal Nos.253-255 of 2009.
And
Civil Petition for Leave to Appeal No.1689 of 2006.
(From the judgment and order dated 27.07.2005 passed by the High Court Division in Writ Petition No.4604 of 2004 with Writ Petiti......led to a copy of any official correspondence made by a public servant to any another officer which does not relate to him. Mr. Hossain found it difficult to meet our query and left the matter for our decision on proper construction of the letter. It is totally curious to note that the Town Planner, ..
Category: Environmental Law | Date: | Hits: 434
.... Bank-petitioner has been issued on an application under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the impugned order dated 21.09.1997 passed by the Additional Divisional Commissioner, Chittagong Division in Money Appe...... single sentence as under:-
"21.09.97. Heard. Ground is not strong enough to accept the appeal. Hence it is rejected."
13. Be that as it may, it is now well settled that in passing any judicial decision/order the Court ought to have assigned reasons in its support so as to enable the litigant ..
Category: Civil Law | Date: | Hits: 74
Millan Miah and another Vs. State, 2012, 41 CLC (AD)
....nstructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioners. Not represented-For Respondent. Criminal Petition for Leave to Appeal No.178 of 2009. (From the judgment and order dated 27th July, 2008 passed by the High Court Division in Criminal Appeal No.837 of 2003) Judgme......ioners have filed the instant Criminal Petition for Leave to Appeal before this Division. 12. Mr. Muhammad Nazrul Islam, the learned Counsel appearing on behalf of the petitioners submits that the decision of the High Court Division is against the weight of evidence, inasmuch as the witnesses a..Category: Criminal Law | Date: | Hits: 60
Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)
....ision No.3037 of 2003. Judgment Zinat Ara J.-In this Civil Revision under section 115 of the Code of Civil Procedure, the petitioners called in question the legality of the judgment and decree dated 13.1.2003 passed by the Additional District Judge, 6th Court, Dhaka in Title Appeal No.301 of ...... is situated towards the eastern side of the plot and is the suit land and allowed the appeal restraining the defendants from disturbing with the plaintiffs peaceful possession in the suit land. This decision has resulted in this revision on the ground of erroneous decision in facts and on law occas..Category: Property Law | Date: | Hits: 56
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....econd-Fourth: opposite parties and other persons as defendants instituted a suit being Title Suit No.10 of 1996 in the Court of Assistant Judge, Kachua, Chandpur for a declaration that ex parts order dated 24-4-1988 recorded in Pre-emption Miscellaneous Case No.66 of 1984 is fraudulent, illegal, col......tioners. Mohammad Abul Kashem Bhuiyan for AB Roy Chowdhury, Advocate - For Opposite Party No.1. Civil Revision No.5369 of 2000. Judgment AK Badrul Huq J.- Feeling aggrieved by decision recorded by learned Appellate Judge in Title Appeal No.183 of 1997 by which adjudication re..Category: Property Law | Date: | Hits: 64
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....the 7th meeting of the Parliamentary Standing Committee, held on 7.5.2009, and a sub committee was formed, consisting five Parliament Members. The sub committee discussed the matter in their meeting, dated 11.6.2009, 9.12.2009 and 11.1.2010. Taking into account all the attendant, introspective and a......e described as impecunious. He went on to argue that people who hold the guardianship of the Constitution can, by no yardstick, be paid such miserable sums. 16. According to him the respondents’ decision to ignore the Parliamentary Sub-Committees decision is simply unreasonable and devoid of th..Category: Constitutional Law | Date: | Hits: 413
....ultaneously and are being disposed of by this common judgment as the facts therein are similar, and the law involved and parties are same.
2. The Rules were issued to examine the legality of order dated17.8.2011 passed by the Zonal Settlement Officer, Comilla in Miscellaneous Case Nos.12-13 of 20......clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 65
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
.... For the Opposite Party. Civil Revision No.5023 of 1991. Judgment Md. Sirajul Islam J.- This Rule at the instance of the defendant-petitioner was directed against the Judgment and decree dated 4‑3‑86 and 10‑3‑86 respectively passed by the District Judge, Comilla in Title Appeal ...... service was not completed on the date of termination of service. So, the question of his confirmation in service did not arise at that time. 11. In this connection. Mr. Khairul Huq, referred to a decision in the case of Abdul Mannan Sikder Vs. Bangladesh Bank and others, reported in 31 DLR (AD) ..Category: Labour and Industrial Law | Date: | Hits: 137
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....upon opposite Party to show cause as to why the proceedings against the petitioner in Special Case No.24 of 2004 arising out of G.R. Case No.155 of 2000 (Sadar) corresponding to Bogra P.S. Case No.49 dated 13.02.2000 under sections 406/420/409/109 of the Penal Code, now pending before the Court of S......r these documents as defence material. Rather, we considered these as public documents of which this Court can take notice of, rather should take notice of, if considered relevant, in arriving at the decision while disposing of a petition under section 561A of the Code. 25. Besides, we do not reg..Category: Criminal Law | Date: | Hits: 97
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....ies of the petitioners. As a result, the Board of Directors of the respondent No.3 approved the terms and conditions for the settlement of the petitioners' liabilities and respondent No.3 vide letter dated 25.2.1995 communicated the terms and conditions of the compromise. The petitioner by a letter ......pondent No.3, however, vide its letter dated 14.6.1995 informed the petitioners that its Board of Directors did not accept the modifications suggested by the petitioner and the Board kept its earlier decision and asked the petitioners to take steps according to its letter dated 25.2.1995. The petiti..Category: Civil Law | Date: | Hits: 112
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....s. Abdul Mannan and others………………………………….Respondents Judgment August 2, 5, 8, 2010. Result: The appeal is allowed. The limitation will start not from the date of publication of record of right, so long any dispute as to title and possession is not raised......ution of kabuliyat on 7.11.21, this finding of the trial Court below is illegal, which clearly contradicts the old registered documents.Mr. Md. Nurul Amin, to fortify his submission has relied of the decisions reported in 5 BLC (AD)76, 44 DLR (AD) 162, 39 DLR (AD) 78, 8 BLD 497, 6 MLR (AD) 49, AIR 1..Category: Property Law | Date: | Hits: 146
Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
....2. Judgment Siddiqur Rahman Miah J.- This revisional application under section 115(1) of the Code of Civil Procedure at the instance of the defendant is directed against the judgment and order dated 19.05.2002 passed by the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka......1 Mohakhali, Dhaka. 6. Now the point for determination is whether the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, committed any error of law resulting in an error in his decision occasioning failure of justice. 7. Mr. Garib Newaz, the learned Advocate for the petitio..Category: Property Law | Date: | Hits: 84
M/s. Sonali Agency Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
....tioner. Kazi Jinat Huq, Assistant Attorney General -For the Respondents. Writ Petition No.6427 of 2001. Judgment Mohammad Abdur Rashid J.-The above Rule Nisi was obtained against an order dated 04.06.01 passed by respondent No.3, Inspecting Additional Commissioner of Taxes by which the p......ed beyond his jurisdiction in issuing a notice under section 120 of the Ordinance for revision of the assessment after the disposal of the appeals by Appellate Tribunal. 6.In support he cited some decisions, namely, Tel Utpadak Kendra Vs. the Deputy Commissioner of Sales Tax, AIR [1981] SC 1617;t..Category: Fiscal/Taxation Law | Date: | Hits: 94
Md. Hafizur Rahman and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....respondent No.5. Writ Petition No.4223 of 2004. Judgment Md. Ruhul Quddus J. - This Rule nisi was issued calling in question a notification published in Bangladesh Gazette extraordinary dated 10.6.2004 being S.R.O. No.191 Ain/2004 communicated with a covering letter as contained in Mem......tion of the area to municipality, economic and social conditions of the people and infrastructure of the area were developed. In such a position, the Government at the behest of a vested quarter took decision to curtail the wards from municipality with a malafide intention only to change the vote-ba..Category: Civil Law | Date: | Hits: 131
Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
.... Writ Petition No.11128 of 2006. Judgment Md. Ruhul Quddus J.- This Rule nisi was issued challenging a letter as contained in Memo No.এম.পি-১০৬১/৯৩/১১৮০/ক.সে dated 1.2.1994 (annex-G to the writ petition) allotting a rehabilitation plot in favour of deceased ......issioner of Housing and Settlement by a letter as contained in Memo No.68/83/7436/Ka. Sha dated 23.8.1994. Subsequently the authority stopped all further proceedings till they would arrive at a final decision on the matter. 3. The petitioners contended that respondent No.7 Kofiluddin was not an a..Category: Property Law | Date: | Hits: 82
Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)
....l with Parvin Hannan, Assistant Attorney-General - For the Respondent. Criminal Appeal No.2085 of 2000. Judgment AKM Fazlur Rahman J.- This appeal is directed against the Judgment and order dated 13.8.2000 passed by the Additional Sessions Judge, 4th Court, Khulna in Sessions Case No.172 o......or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ..Category: Criminal Law | Date: | Hits: 69
Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)
....dul Awal J.- This Rule was issued on an application under section 561A Cr.P.C calling upon the Deputy Commissioner, Kushtia to show cause as to why the proceeding of Kushtia Police Station Case No.28 dated 22.03.2004 under sections 406/420 of the Penal Code now pending in the Court of Magistrate, 1s......er investigation submitted charge sheet under section 406/420 of the penal code and as such the proceeding should not be quashed. The learned Advocate in support of his submission heavily relied on a decision reported in 17 BLD (AD) 44. 8. Mr. Mansur Habib, the learned Advocate also appearing for..Category: Criminal Law | Date: | Hits: 92
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....puty Attorney-General-For the State. Criminal Appeal No.3386 of 2000. Judgment Siddiqur Rahman Miah J.-This appeal is directed against the judgment and order of conviction and sentence dated 04.10.2000 passed by the learned Divisional Special Judge, Chittagong Division, Chittagong in ......nd 8) and master roll was submitted who adjusted the same to the PIO as such question of misappropriation does not arise. The learned Advocate for the appellant in support of his contention cited the decision in the case of Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State reported in 46 DLR..Category: Criminal Law | Date: | Hits: 76
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