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Displaying 1921-1940 of 6668 results.
Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)
....ale of certain bazar was premature, illegal and without jurisdiction and that certain tanks are retainable as khas Appeal against the order of Mr. D.N. Chowdhury, Subordinate Judge of Zilla Noakhali, dated the 23rd of April, 1969 in Title Suit No.150 of 1967 under the provisions of section 20(2a) of...... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ..Category: Property Law | Date: | Hits: 74
Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....Petition No.12077 of 2006. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioners, this Rule Nisi was issued calling upon the respondents to show cause as to why the Notice No.31/06 dated 11.7.2006 (Annexure C) issued by the respondent No.2 under section 202(1)(b)(c) (d)(e) and (f)...... and hence liable to be declared of no legal effect. 4. This Rule is not opposed by filing affidavit-in-opposition by the respondents. However, the learned Assistant Attorney General basing on the decision reported in Zahur Ahmed Vs. Commissioner of Customs and others 51 DLR 206 raised a prelimin..Category: Fiscal/Taxation Law | Date: | Hits: 174
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....rsons under proper sections. The learned Magistrate on receipt of the said naraji petition was pleased to take up the case again and passed an order calling for the case diary. Against the said order dated 20‑12‑78 the accused petitioner moved the learned Sessions Judge, Chittagong in revision. ......reported in 30 DLR 344 and the ruling reported in 29 DLR (SC) 256 were referred to and the learned Additional Sessions Judge accepted the view expressed in 30 DLR 344 under the misconception that the decision is binding on him. The learned Additional Sessions Judge is wrong. The constitutional provi..Category: Criminal Law | Date: | Hits: 138
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
....t Hossain - For the Petitioner. Golam Rabbani - For the Opposite Parties. Civil Revision No.3533 of 2005. Judgment Shahidul Islam J.- This Rule is directed against the Judgment and decree dated 28.8.2005 passed by the learned Additional District Judge, 2nd Court, Naogaon in Title Appeals......t for disposal of the Rule are that the petitioner as plaintiff instituted Other Class Suit No.155 of 2003 in the Court of learned Assistant Judge, 3 Court, Naogaon praying for a declaration that the decision dated 29.9.2003 taken by the Governing Body, Nazirpur College hereinafter referred to as Go..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....t Mohammad Abdur Rashid J.- The above Rule Nisi was obtained challenging the continuation of the criminal proceeding in Metropolitan Special Case No.149 of 07 arising out of Kotwali P.S Case No.68 dated 30.05.07 corresponding to ACC GR Case No.40 of 2007 in the Court of Metropolitan Sessions Judg......he Parliament in that a Member of Parliament is not a public servant within the meaning of section 2 of the said Act 1947 read with section 21 of the Penal Code. Mr. Raifq-ul Huq also cited number of decisions, which we shall consider very shortly. 19. Mr. Subrata Chowdhury, learned advocate howe..Category: Fiscal/Taxation Law | Date: | Hits: 246
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
....pecial Ain, as such, the period for completion of the trial cannot be extended by any means. The Speedy Tribunal, as it appears, when a case is received by the Tribunal Judge, he should chalk out the dates to conclude the trial at least one week before the period mentioned in section 10 of the Ain. ......nces, normal Criminal Courts as well as Special Tribunal are there for trial. The intention of the Act is to do equal justice or even-handed justice to the accused of these offences. Although, in the decision of 55 DLR their Lordships finds guideline under section 6 of the Ain, but, on a reading of ..Category: Procedural Law | Date: | Hits: 84
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....ing business. The plaintiff’s consignment was inspected by Inspectorate Griffith (UK) Ltd before shipment from UK and certified to be in good running condition in the Clean Report of Findings (CRF) dated 21-10-1999. The consignment was shipped on board the defendant No.1 vessel for carriage from H...... parts. He argued that Customs Authorities had released the goods after proper examination of the goods and the related documents and, as such, the argument is not tenable. Mr. Sobhan referred to the decision in the case of Trans Oceanic Steamship Co Ltd Vs. Adamjee Insurance Co. Ltd. reported in 46..Category: Limitation Law | Date: | Hits: 174
Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)
....rtuddin J.- These two Rules one being Writ Petition No.614 of 1998 and the other being Writ Petition No.689 of 1998 having involved the same question of law and facts and the same Proggapan or notice dated 15‑2‑1998 having been challenged these two Rules are now to be disposed of by this common ......f the opportunity to show cause, the impugned order is illegal and the same has to be declared to have been made without lawful authority. In support of his contention Mr. A R Yusuf has referred to a decision of the case of Bangladesh Bank and others Vs. Mohammad Abdul Mannan reported in 46 DLR (AD)..Category: Employment/Service Law | Date: | Hits: 100
Abdul Quader Farazi Vs. Chief Election Commissioner, Bangladesh & others, 1998, 27 CLC (HCD)
....o.456 of 1998. Judgment Md. Abdul Aziz J.- The petitioner Abdul Quader Farazi obtained this Rule calling upon the respondents to show cause as to why the order passed by the Election Commission dated 3‑2‑1998 for holding fresh poll in No.76 Uttar Lengutia Government Primary School Centre o......n Commission having accepted the aforesaid report and directing repolling on cancelling the election result of 31‑12‑97 of the said centre, has acted without authority, etc. 5. He also cited a decision reported in 45 DLR (AD) 53, where, (Civil Appeal Nos. 54 and 58 of 1992 arising out of Writ..Category: Election Law | Date: | Hits: 591
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....or Added Respondent no. 3. Writ Petition No. 10051 of 2006. Judgment Sheikh Abdul Awal J. - In this Rule Nisi the respondents have been called upon to show cause as to why the impugned order dated 1-10-2006 (Annexure- E) passed by respondent No. 1 rejecting the application for dismissing th......tion case is not barred by limitation which was filed well within 180 working days and, as such, the rule is liable to be discharged, Mr. Akram H Chowdhury in support of his submissions relied on the decisions reported in 46 DLR (AD) 191, 54 DLR (AD) 6 and 59 DLR (AD) 6. These are the point..Category: Civil Law | Date: | Hits: 170
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
....appertaining to CS Khatian Nos. 11 and 12, CS and SA Dag Nos. 21, 23 and 86 of Mouza Purbo Narashinghapur, Police Station - Ashulia, formerly Savar, Dhaka as requested by the demand of justice notice dated 12-7-2007 (Annexure-A) shall not be declared to be void and to have been made without any law ......spondent Judgment November 19, 2008. Result: The Rule is discharged without any order as to cost. The Tenancy Rules, 1955, rules 22-24, 31 In any mutation case, any grievance on the decision of the Revenue Officer can be well ventilated by an appeal under Rule 31 of the Tenancy Rul..Category: Property Law | Date: | Hits: 107
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....spondent Nos. 1 and 2. Writ Petition No.3519 of 1997. Judgment Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the Respondents to show cause as to why the impugned order dated 5.6.1996 passed against the petitioner under the signature of Respondent No.3 allegedly acting......tmental proceedings for the purpose of disciplinary actions and inflicting punishment therefore and such practice is permissible. Mr. Rahman in support of his submission has relied upon an unreported decision of the Appellate Division passed in Civil Petition for Leave to Appeal No.367 of 1995 in th..Category: Labour and Industrial Law | Date: | Hits: 2706
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....not at all substantive evidence and it may be used only for corroborating a witness………………(44) Unusual delay cannot be caused in the matter of noting down statement of a witness and mandate of law demands immediate recording of statements when memory of witness remains fresh as human ......nst them. 15. In the face of submissions advanced by the learned Advocates for the contending parties we are now called upon scrutinize the material evidence on record in order to come to a proper decision in these appeals. The prosecution has examined 14 witnesses. 16. P.W. 1 Tofael Ahmed ..Category: Criminal Law | Date: | Hits: 85
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....iqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 31-07-2000 passed by Additional Metropolitan Sessions Judge, 2nd Court, Chittagong in Criminal......ing itself could not exist"……………………………(12) The High Court Division in a proper case possesses the inherent power to quash any proceeding, judgment or to set aside decision of any Court/Tribunal subordinate to it. But this power must be exercised very sparingly, c..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
....nant lodged a petition of complaint on 10.7.79 before the Sub-Divisional Magistrate, Gazipur, alleging that he along with his three brothers purchased .90 decimals of land in two separate kabalas dated 25.6.79 and 2.7.79 from one Rashik Chandra Barman, son of late Rai Charan Barman at a total ......e which was not considered by the Courts below in accordance with law, and the High Court Division has got jurisdiction to interfere in the matter for such non-consideration of evidence and come to a decision on the basis of the materials on record.……………………………………………..Category: Procedural Law | Date: | Hits: 111
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....nan and JK Paul, Advocates - For the Opposite-Parties. Civil Revision No.2882 of 2009. Judgment AFM Abdur Rahman J.- This Rule under section 115(1) of the Code of Civil Procedure 1908, dated 18-8-2009, issued at the instance of the plaintiff appellant petitioner Syed Ghulam Shahriar, ......between the land owned by the pre-emptor and the transferred land. But both the Courts below without considering the same passed the impugned judgment and order thereby committing error of law in the decision occasioning failure of justice. 10. The learned Advocate Mr. Haroon-or-Rashid next submi..Category: Property Law | Date: | Hits: 88
.... 2678 of 2005, 3797/2003, 6971/2004, 6262/2005, 1512-13 of 2006.
Judgment
MA Rashid J. - The above Rules Nisi except the one in Writ Petition No. 1513 of 2006 were issued against a common order dated 10-2-2003 passed by the Appeal Officer under rule 31 of the Tenancy Rules, 1955 hereinafter re......eard them together and now dispose of them by this common order. We also think, the facts of one case would be sufficient to understand the issue (s) at which the parties are at variance and call for decision.
3. In Writ Petition No. 2678 of 2005, wife and sons and daughters of one Abdul Khaleque..
Category: Property Law | Date: | Hits: 120
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....ful Islam, investigated into the case, visited the place of occurrence examined and recorded statements of the witnesses under section 161 of the Code of Criminal Procedure and submitted charge-sheet dated 26‑8-98 under sections 143, 302 and 34 of the Penal Code against accused Ershad Ali Sikder......m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....e return in accordance with the law and the corrupt practice of not disclosing all sources of fund as required by Article 44AA(4), would not have any direct bearing on the election. The returned candidate and/or his Election Agent have committed corrupt and illegal practice in the way they have comp...... proved papers marked Exhibit B‑B(40) series. Md. Alauddin Gazi, Manager Islami Bank Perojpur Branch as signatory in the statement of Bank account, proved the same. Submissions discussion and decision 44. Mr. Shudangshu Shekor Haider, learned Counsel, appearing in his own behalf, submitte..Category: Election Law | Date: | Hits: 300
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
...., Advocate-on-Record—For the Respondent Nos.1-7. Md. Zaimd Abedin, Advocate-on-Record—For Respondent No.8. Civil Petition for Leave to Appeal No.625 of 2009. (From the judgment and order dated 1st June, 2008 passed by the High Court Division in Writ Petition No.4764 of 2006). Order ......cision was taken to forward the recommendation to the Government for granting lease in favour of the writ respondent No.8 and so far as it relates to the writ petitioner's objection they took a decision for making an enquiry into the objection of the writ petitioner; that to give final approva..Category: Civil Law | Date: | Hits: 182
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