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Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
....Rule was issued, on an application under section 561A of the Code of Criminal Procedure, at the instance of informant petitioner, calling upon the opposite parties to show cause as to why the order dated 5-7-2007 passed by the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal, Cox's Bazar......der section 323 of the Penal Code against the accused but the learned Judge of the Tribunal failed to weight and shift the materials on record and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. He lastly submits that the learned Judge of the Tribunal wi..Category: Criminal Law | Date: | Hits: 177
MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)
....ssued on 24-10-2011 calling upon the opposite-parties to show cause as to why the accused petitioner shall not be enlarged on bail in ACC GR No.1 of 2011 arising out of Double mooring PS Case No.25 dated 24-1-2011 punishable under section 5(2) of the Prevention of Corruption Act, 1947 read with ......cts in the matter. 5. Be the case as it may since the case is ready for hearing of the charge we are of the opinion that considering the merit of the case the trial Court is at liberty to take any decision whether the accused will remain on bail or in custody to be decided in accordance with th..Category: Criminal Law | Date: | Hits: 151
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....edure and took cognizance of the offence and sent the complaint to the local Kafrul PS for treating it as an FIR. The case was lodged on 19-05-2010 and the case was registered as Kafrul PS case No.42 dated 19-5-2010 under section 7/30/9(1) of the Nari-o-Shishu Nirjatan Ain 2000 as amended 2003. 3......the accused Md. Arif Khan, rather contradicts the charge-sheet. She has been in custody without any fault of her. 21. In of the facts and circumstances of case, material evidence on record and the decisions referred hereinbefore since the victim Mosammat Rokeya Dil Afroz Munmun is aged above 16 y..Category: Criminal Law | Date: | Hits: 176
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....t Mohammad Ullah J.- This Rule Nisi was issued on an application filed by the petitioner under Article 102 of the Constitution, calling upon the respondents to show cause as to why the order No.33 dated 25.07.2004 and the order No.37 dated 29.08.2004 passed by the 2nd Court of Artha Rin Adalat, B......Rin Adalat, Tangail and another reported in 15 BLT (AD) 267. 17. We have heard the learned Advocates of both the parties, perused the writ petition, impugned orders, anexures and gone through the decisions referred to, wherefrom it transpires that virtually the petitioner has challenged the judg..Category: Civil Law | Date: | Hits: 254
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....iminal Appeal at the instance of Md. Shahid Bepari @ Shahidullah and 9 others under section 410 of the Code of Criminal Procedure is directed against the Judgment and order of conviction and sentence dated 17.01.2005 passed by the learned Additional Sessions Judge, 3rd Court, Kishoregonj in Sessions......e probative force to testimony which in itself is insufficient to establish or to justify an inference of a particular fact. Suspicion, though a ground for scrutiny cannot be made the foundation of a decision. The gravest suspicion against an accused will not suffice to convict him of crime unless e..Category: Criminal Law | Date: | Hits: 153
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....ers in the best interest of the investors and development of the capital market. 10. The Commission in bringing the impugned amendment has followed due process of law. The Commission by its letter dated 10.6.2008 constituted a committee (in which representatives of Dhaka Stock Exchange and Chitta......er: 1. ICB AMCL 1st NRB MF: 50 shares ICB AMCL Islamic MF: 300 shares 2. ICB AMCL 1st NRB MF: 100 shares 3. AIMS 1st Mutual Fund: 5,000 shares 4. The Writ Petition is directed against the decision of Respondent No.1, Securities and Exchange Commission (in short, SEC) amending Rule 66 of ..Category: Business or Commercial Law | Date: | Hits: 462
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....te parties. Civil Revision No. 3167 of 2000 Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the opposite party Nos.1 and 2 to show cause as to why the judgment and order dated 6.4.2000 passed by the learned Sub-Judge, 2nd Court, Brahmanbaria in Title Appeal No.23 of 199......operty and the plaintiff led some evidence in support of his interest in the suit property and the Court of appeal below refused to take into consideration these aspects, resulting in an error in the decision occasioning failure of justice. In support to his contention the learned Advocate has refer..Category: Property Law | Date: | Hits: 155
....- On an application under Article 102 of the Constitution the petitioner obtained this Rule calling upon the respondents to show cause as to why the impugned order vide Memo No.PJM/Proshason/3/25/621 dated 1.12.2005 passed by the respondent No.4 directing the petitioner to go on retirement on 31.12.......of job it appears that her job cannot be termed as managerial, administrative, supervisory or solely clerical rather she is a worker of the respondent corporation. Mr. Aleem referred to an unreported decision passed in Writ Petition No.6813 of 2001 (Bimal Sarder and others Vs. People's Jute Mills Li..
Category: Criminal Law | Date: | Hits: 143
A. Aziz Mollick Vs. State, 2008, 37 CLC (HCD)
....dus J.- Rule was issued under section 439 of the Code of Criminal Procedure at the instance of petitioner A. Aziz Mollick calling upon sole State opposite party to show cause as to why impugned order dated 4.10.2007 passed by learned Sessions Judge and Special Tribunal No.1 Brahmanbaria rejecting pr......ing security bond till conclusion of trial and enquiry. But such above prayer was illegally rejected by the Special Tribunal No.1 vide impugned order. 8. He argues the petitioner is subject to the decision of the Court about ownership of the Truck at any time and the petitioner will be bound by t..Category: Procedural Law | Date: | Hits: 194
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....s. Md. Abdur Rahman Howladar, Assistant Attorney General-For the State. Criminal Appeal No. 2394 of 1995. Judgment Mohammad Ullah J. - This criminal appeal is from the judgment and order dated 8.10.1994 by which the learned Sessions Judge, Tangail, in Session Case No.96 of 1994, convict......e with the confessional statement which are true and voluntary, and the learned Sessions Judge after considering the evidence on record rightly convicted the appellants. 19. For coming to a proper decision about sustainability of the impugned judgment and order of conviction and sentence we need ..Category: Criminal Law | Date: | Hits: 170
Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....on 81 Where any goods are allowed to clear or released on the basis of provisional assessment the amount of duty actually payable on those goods shall within a period of 150 working days from the date of provisional assessment be finally assessed and on completion of such assessment the appropri......duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ..Category: Fiscal/Taxation Law | Date: | Hits: 194
....is single judgment.
2. In these Writ petitions the petitioners challenged the legality and propriety of the collection of Advance VAT at the rate of 1.5% pursuant the SRO No.260/Law/2004/431-Musak dated 30-8-2004 from the petitioners at the import stage which are not application on the petitioner......eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011)351.
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Category: Fiscal/Taxation Law | Date: | Hits: 220
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
....e Opposite Party No.1. Civil Revision No.3266 of 2008. Judgment Md. Moazzam Husain J.- This rule was issued at the instance of the plaintiffs calling in question the Judgment and order dated 11.3.2008 passed by the joint district judge, 3rd Court, Dhaka in Misc. Case No.30 of 2007 und......of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ..Category: Property Law | Date: | Hits: 149
Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)
....r to pay partial amount of loan on 30-9-03 issued a cheque being AIB/CD- No.8766151 for Taka 2,95,814 and the petitioner submitted a cheque for encashment of the said money to the bank on different dates but it was dishonoured, and on 23-2-2006 finally dishonoured. Thereafter on 27-2-2006 the plai......time as framed under the law as provided under section 138(B) of the Negotiable Instrument Act. 5. Mr. Harun-or-Rashid, the learned Advocate appearing for the opposite party No.1 on referring to a decision in the case of Noor Hossain Vs. State reported in 7 BLC 241 submits that it has already bee..Category: Civil Law | Date: | Hits: 217
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
.... Advocate -for the opposite parties. Civil Revision Case No.4052 of 2009. Judgment Sharif Uddin Chaklader J.- This rule by the plaintiff, directed against Judgment and Order No.209 dated 17-6-2009 passed by the learned Joint District Judge, Comilla in Arbitration Suit No.01 of 199......e's Republic of Bangladesh, reported in 7 BLT 26; Mol Enterprises Inc Vs. Government of the People's Republic of Bangladesh, reported in 4 BLC 407, 18 BLT (AD) 380, 1 BLC 81 and also referred to some decisions of Indian jurisdictions. Learned Advocate prays that the rule may be made absolute. 8. ..Category: Civil Law | Date: | Hits: 195
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....ent Khondker Musa Khaled J.- On an application under section 115(1) of the Code of Civil Procedure, this Rule was issued calling upon the opposite-parties to show cause as to why the order No.35 dated 6-11-2004 passed by the learned Joint District Judge, First Court, Chittagong, in Misc, Case N......he Code of Civil Procedure. He submits that it is evident from the impugned Judgment that neither any oral evidence was recorded nor any documents were admitted in evidence to lay foundation of his decision. So, the learned Advocate submits that the impugned Judgment and order is apparently illega..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....ar - For the Opposite Parties. Criminal Revision No.49 of 1982. Judgment Anwarul Hoque Chowdhury J.- This Rule is directed against an order passed by the learned Sessions Judge, Khulna dated 21.11.82 setting aside the order dated 15.10.82 passed in Miscellaneous Case No.152 of 1967. ......ive effect to the Judgment and order of the civil Court declaring the right of the parties in the proceeding land. 11. In the view we have taken here in before in this regard we are supported by a decision of the Indian High Court in the case of Aran Sardar and ors. Vs. Hara Sundar Majumdar and o..Category: Criminal Law | Date: | Hits: 88
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
.... - For the Appellant. Syed Badrul Alam - For the Respondents. Appeal from Original Order No.31 of 1981. Judgment Md. Altaf Hossain J.- This application is directed against an order dated 2.5.81 passed by the Subordinate Judge, 4th Court, Dacca in Title Suit No.27 of 1981. The appe....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ..Category: Procedural Law | Date: | Hits: 146
Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)
....ion for adjournment on the ground that no sanction was obtained in the case and necessary sanction has to be obtained from the concerned authorities. The learned Special Judge by the impugned order dated 30.7.82 allowed the prayer for adjournment with a direction that after the sanction is obtaine......uld be a sheer abuse of the process of the Court and harassment of the accused and for ends of justice the proceedings are liable to be quashed. 5. The view that we have taken finds support from a decision of the Division Bench of this Court reported in 30 DLR 237 and another decision of erstwhil..Category: Criminal Law | Date: | Hits: 62
Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)
....the trial the prosecution adduced oral and documentary evidence, and after the close of evidence the learned judge heard the arguments of both sides and fixed 20.2.83 for delivery of Judgment. On the date of Judgment the learned Special Judge instead of delivering the Judgment on merit ordered furth...... further investigation of the case. He has next submitted that although the learned special Judge could summon witnesses or examine any person if his evidence appeared to him essential for the just decision of the case, he cannot under law direct the police or the investigating agency to make furt..Category: Criminal Law | Date: | Hits: 70
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