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Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)
....rth Tk. 22,500.00 from the godown situated at 3 old Bank Road owned and possessed by Belayet Hossain in spite of the protest and resistance of the petitioner and one Forhad Ali Sarker and Sree Gopal Chandra, the employees of the said Comilla Salt Industries. The accused persons had stolen away commo......elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ..Category: Criminal Law | Date: | Hits: 64
State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)
....ined and complete. The learned Judge also failed to understand that the witnesses, who did not support the prosecution case, being local people, were influenced by the respondents. 6. On the other hand, Mr. Md. Abdur Razzak, learned Advocate appearing for the respondents submits that the learned ...... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 97
State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
....ined and complete. The learned Judge also failed to understand that the witnesses, who did not support the prosecution case, being local people, were influenced by the respondents. 6. On the other hand, Mr. Md. Abdur Razzak, learned Advocate appearing for the respondents submits that the learned ......3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)
....ined and complete. The learned Judge also failed to understand that the witnesses, who did not support the prosecution case, being local people, were influenced by the respondents. 6. On the other hand, Mr. Md. Abdur Razzak, learned Advocate appearing for the respondents submits that the Division......ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 86
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....ate..................Opposite Party Judgment March 9, 1992. Cases Referred to- 35 DLR (AD) 127; Fatema Begum alias Urmila Rani Vs. Gageswar Nath and the Sale, 9 BLD (1989) 469; Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, 42 DLR 79; Prafulla Kumar Bhattacharya Vs. Minis......erred to school transfer certificate issued by the Headmaster of Chhagalnaiya Primary School on 26.1.87 which shows that Rehana Akhter was a student of class V in the school and her date of birth was noted as 1.7.77 in the admission register of the school. In another certificate produced from the He..Category: Criminal Law | Date: | Hits: 80
Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)
.... jurisdiction to assess income of the previous year of the assessee in Bangladesh in view of the provisions of sections 3, 4, 4A(C) and 2(14AA) of the income Tax Act, 1922. The assessee, on the other hand, urged before the Tribunal that the Deputy Commissioner of Taxes had no jurisdiction to tax the...... answer the questions referred to us in the negative and against the Revenue. Parties are to bear their respective costs although. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ..Category: Fiscal/Taxation Law | Date: | Hits: 109
Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)
....endant No. 2 gave certain directive to the plaintiff to coordinate and facilitate removal of the finished stock & raw materials from the Re‑rolling Mills under disinvestment and which are to be handed over to the purchasers within a very short time by taking up the matter with NBR, Banks and o......t" and "termination of service on the ground of misconduct" have the same connotation. The word 'dismissal' in the ordinary meaning as found in the Concise Oxford Dictionary (Re‑printed in 1984) connotes dishonourably removed or sent away from service or office while the expression "terminable on ..Category: Employment/Service Law | Date: | Hits: 108
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....1950 Hydarabad at page 20; Wicks Vs. DPP at page 265; Keshavan Madhava Menon Vs. the State of Boinbay, AIR 1951 (SC) 128; Shawkat‑un‑nessa Vs. The State, AIR (37) 1950 Hydarabad (FB) 20; Prakash Chandra Mehta Vs. Commissioner and Secretary Government of Kerala and others, 1985 Supreme Court Case......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447...Category: Criminal Law | Date: | Hits: 98
Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
....tted that SI Kanchan Ali Talukdar who earlier visited the place of occurrence in connection with the UD Case, seized a letter stated to have been written by Sawpna on 18.4.88 and sent the same to the hand writing expert who opined that the letter was in the hand of deceased Sawpna. He admitted in cr......he prosecution case and a vain attempt to improve the case at a subsequent stage. Furthermore, the marks of injuries appearing on the post mortem report Ext. 11 do not tally with the mark of injuries noted in the inquest report Ext. 2. Thus we find that the post‑mortem report, even if looked into,..Category: Criminal Law | Date: | Hits: 116
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....he deceased plaintiff. On comparison of the signatures of the deceased plaintiff appearing in the plaint with the signatures appearing in the said receipts we are satisfied that those are in the same hand. Thus we find that the said purchaser company paid the sum of Rs. 2,23,697/10 to the deceased p......port marked Ext. 'Q' and the audit report is marked Ext. Q(1)". The plaintiffs did not challenge the said evidence in cross examination and no objection as to admissibility of the said documents were noted in the deposition sheet nor in the list of exhibited documents. The Court below observed: "Tha..Category: Property Law | Date: | Hits: 69
....Writ Petition No. 295 of 1989); Charanjit lal Chowdhury Vs. The Union of India and others, AIR 1951 (SC) 41; Kazi Mukhlesur Rahman Vs. Bangladesh and another, 26 DLR (SC) 44.
Lawyers Involved:
Khandker Mahbubuddin Ahmed with M Joynul Abedin, Advocates ‑For the Petitioner.
Abdul Wadud Bhui......
Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
..
Category: Constitutional Law | Date: | Hits: 246
M/s. Ok-Kyung Oh Vs. Tea Hung Packaging (BD) Limited and others, 2010, 39 CLC (AD)
....n contravention of section 106 of the Companies Act, the Registrar has been armed with full power to enquire into the matter. Mrs. Tania Amir, learned Counsel appearing for the caveator, on the other hand, supports the judgment of the High Court Division. 7. We have perused the writ petition and ......stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193...Category: Company Law | Date: | Hits: 175
Mahirun Nessa Vs. State, 1993, 22 CLC (HCD)
....behalf of the State. 5. Heard the learned Advocate, perused the application for condonation of delay which is no doubt inordinate and exceptional. Though the learned Advocate is unable to lay his hand on any case where such an inordinate delay has been condoned earlier this case appears to us to......red accordingly. The petition filed for bail be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 184...Category: Procedural Law | Date: | Hits: 112
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....26.10.86 at about 11.30 PM he went out to his house and found accused Farid with some police personnels and the Officer‑in‑Charge there. He found accused Farid sitting on a slab of die drain. His hand was smeared with mud and the bangles mixed with mud was also in his hand. The seizure list Ext.......xternal examination of the dead body, I found a transverse circular ligature mark above the adam's apple. Ecchymosed skin, one more marked on right lateral neck. A 2" diameter circular acchymosis noted on the strenal angle. Lividity on the face, lips finger and nail beds present. Eyes prominent ..Category: Criminal Law | Date: | Hits: 84
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....ale proceeds to be paid to the informant Omar Ali. 2. Prosecution case, in short, is that there has been a long standing enmity and protracted litigations between the informant Omar Ali on the one hand and accused party on the other. Messers Paul Choudhury was the Zaminder and Land holder of that......x muscle deep. One above the other on the right mid supra clavicular region. On dissection, extravasetted blood and blood clots were found in and around the soft tissues corresponding to the above noted injuries which resisted washing. Corresponding bones were cut and separated. Stomach contained..Category: Criminal Law | Date: | Hits: 67
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....the Caretaker government shall carry on the routine functions but shall not make any policy decision and inspite of such constitutional provision the caretaker Government promulgated the ordinance to hand over the assets and liability to the Company and thus the caretaker Government had no authority...... of Agreement dated 01.07.2008 entered into between respondent Nos. 2 and 6, the entire undertaking of BTTB (including its officers and employees) has been transferred to respondent No.6. It would be noted that by the said S.R.O., the Government has also announced the dissolution of BTTB. It may be ..Category: Constitutional Law | Date: | Hits: 145
Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)
....dow of their tin shed Chouchala dwelling hat. At that time accused Swapon and Sudangsu were standing outside who suddenly hurled acid causing burning injuries at the chin, back, chest, left and right hand of Pushpa Rani. Kazal also received burning injuries. Having had heard the screaming their fath......statement with regard to the prosecution case in context to the circumstances which makes the particular report of vital importance in the assessment of prosecution evidence. The court is entitled to note a conflict between the first recorded version of the prosecution case and the story that is mad..Category: Criminal Law | Date: | Hits: 74
Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)
.... the evening on 22.9.1991 but thereafter, he did not return home. The informant party searched for him but could not trace him out. On 26.9.1991 his dead body was found decomposed and the skin of the hand was found separated from the body in the “Son Khet” only about 250-300 yards off towards th...... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ..Category: Criminal Law | Date: | Hits: 69
....n the ground that the Labour Court exceeded its jurisdiction in making the impugned order to allow 1‑½ hours rest on the strength of section 10 of the Act.
7. Mr. Kh. Saiful Huque, on the other hand, made an attempt to repel the contention of the learned Advocate for the petitioner by saying t...... the impugned order without jurisdiction and the same is of no legal effects.
In the result, the Rule is made absolute.
No costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 167...
Category: Labour and Industrial Law | Date: | Hits: 112
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
....he Code of Civil Procedure, the onus is upon the defendant‑petitioner to prove that summons was not duly served upon him, but in the instant case, he has failed to discharge that onus, on the other hand, the plaintiff‑opposite party of the Miscellaneous case has been able to discharge his onus t......he materials on record and I find no illegality in the said finding of the learned Munsif which is a finding of fact based upon proper consideration of the evidence on record. 9. It may be further noted that "the affixation of the copy on the outer door is not an idle ceremony, nor it is an immat..Category: Procedural Law | Date: | Hits: 94
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