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Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)

....ul Islam and Shahnewaz kidnapped her and confined her at the residence of accused Rashid. From Chittagong the accused removed her to Eklashpur village in Noakhali at the house of his Fufu. The police registered a case being Sudharam PS Case No.9(8)90 under section 366A of the Penal Code (GR Case No....... The question will arise whether taking away from the guardianship of father will constitute an offence under section 363, Penal Code, if the girl is found to be 16 years or above. The section itself postulates and the series of judicial pronouncements have taken the view that there will be no offen......han J Muhammad Abdul Mannan J Dr. Kazi Mozammel Hoque...................Petitioner Vs. State..................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 ..

Category: Criminal Law | Date: | Hits: 80

Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)

....nder Article 39 of the Constitution of the People's Republic of Bangladesh only guarantees a right to form an association or a trade union but does not guarantee that an union so formed would also be registered for the purpose of working as a bargaining Agent between the employer and the employees. ......that there is a fight in the association guaranteed by the Constitution to obtain recognition?” 20. The Court further observed thus: Our Constitution makers while making provisions against ex post facto laws in Art. 20(1) and against Art. 18(1) studiously refrained from including a guarantee......lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ..

Category: Labour and Industrial Law | Date: | Hits: 204

Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)

....34.00 and made assessment therein. The assessee took appeal before the Appellate Joint Commissioner of Taxes on the grounds that during the previous year the assessee was a Pakistani Company with its registered Head Office in Pakistan and on emergence of Bangladesh on 26th March, 1971 the Deputy Com...... 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. ...... 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

State Vs. Dipu Mondal, 2010, 39 CLC (AD)

.... a, District-Rajbari in connection with the case and to admit him on bail to his satis­faction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ......egum, he was entrusted with the task for ascertaining the cause of death. He went to the place of occurrence, held inquest on the dead body, sent the death body to the morgue and after receipt of the postmortem report, it was ascertained that the death was homicidal in nature and accordingly he lodg......ice Station-Pangs a, District-Rajbari in connection with the case and to admit him on bail to his satis­faction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ..

Category: Procedural Law | Date: | Hits: 81

Nantu Biswas and others Vs. State, 2009, 38 CLC (AD)

....se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261.......ty Attorney General submitted that the High Court Division discarded the evidence of eye witness of the occurrence without at all discussing the same and in coming to its decision totally misread the post-mortem examination report which caused miscarriage of justice. The learned Deputy Attorney Gene......urt 1965. No case has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261...

Category: Criminal Law | Date: | Hits: 48

Amanullah Zahangir Vs. State, 2009, 38 CLC (AD)

....e to appeal, in brief, are that on the allegation of dishonour of a cheque, the Chief Metropolitan Magistrate, Chittagong, forwarded the said complaint petition to Kotwali Police Station where it was registered as Kotwali Police Station Case No. 20(7)06 dated 13.07.2006. 3. On conclusion of inves......r such circumstance, we do not find any merit in the submissions made on behalf of the petitioner, as such, this peti­tion is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ......rdingly. Under such circumstance, we do not find any merit in the submissions made on behalf of the petitioner, as such, this peti­tion is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ..

Category: Criminal Law | Date: | Hits: 50

State Vs. Md. Anisur Rahman Sheikh, 2010, 39 CLC (AD)

....pondent abducted her baby son and killed him and then threw the victim into the pond with a view to disown her. 5. The case record was eventually sent to the Court of Sessions for trial and it was registered as Sessions Case No.108 of 2000. The learned Additional Sessions Judge took up the case f......chua, District-Bagerhat in con­nection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ......olice Station-Kachua, District-Bagerhat in con­nection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ..

Category: Criminal Law | Date: | Hits: 71

Abdul Jalil Vs. Bangladesh Steel & Engineer­ing Corporation, 1989, 18 CLC (HCD)

....ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......sal and that the plaintiff was deprived of natural justice. So far as the principle of second show cause notice is concerned, this was constitutional protection available to persons holding any civil post under the Republic and not to any employee of any statutory authority in the absence of any pro......ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474...

Category: Employment/Service Law | Date: | Hits: 108

Chittagong Textile Mills Ltd. Vs. The Chairman, Labour Court, Chittagong and another, 1990, 19 CLC (HCD)

....al effect. 2. The facts leading to this Rule, in short, are that the petitioner Chittagong Textile Mills Ltd. hereinafter referred to as the Company is a limited liability company incorporated and registered under the Companies Act, 1913 and the said Company has its office and factory premises at......e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 471. ......e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 471. ..

Category: Labour and Industrial Law | Date: | Hits: 133

Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)

....inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ......ordingly UD Case No. 8 dated 17.4.80 was started. The SI of Police Kanchan Ali Talukder of Sutrapur PS visited the place of occurrence, held inquest and sent the dead body to the Milford Hospital for post mortem examination. Thereafter SI of Police Mohammad Manir Hossain Bhuiyan of Detective Branch,......inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ..

Category: Criminal Law | Date: | Hits: 116

Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)

....d 157 of Tejgaon Industrial Area, Dhaka. 3. The case of the plaintiff, inter alia, was that he acquired the suit land from the then Government of East Bengal by lease deed execute a on 25.1.56 and registered on 22.3.56; that after getting possession therein the plaintiff, as proprietor of Dhaka W......st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429.......st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429...

Category: Property Law | Date: | Hits: 69

Bangladesh Shangbadpatra Parishad Vs. The Government of the People's Republic of Bangladesh, 1991, 20 CLC (HCD)

....in the Bangladesh Gazette dated 9.3.91 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner is that the petitioner is a registered Association of the owners of the Newspapers and Newspaper Organisations in Bangladesh. Th...... 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. ...... 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

Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)

....n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ......sed upon the petitioner on 22.5 85 was set aside. 6. After the aforesaid order of the Administrative Appellate Tribunal was passed on 23.4.87 the petitioner went to resume his duty at his place of posting at Head Post Office, Faridpur but he was not permitted to resume his duty because respondent......n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ..

Category: Administrative Law | Date: | Hits: 182

Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)

....tion of Tk. 8,154/‑ paid in full by the plaintiff, the defendant No. 1 executed a proper conveyance deed under caption "Standard lease agreement for land" executed on the 21st March, 1968 which was registered on 17th April, 1968 between the defendant No. 1 as lessor and the plaintiff as lessee acc......eed the notice must be of the duration of one calendar month and such notice shall be deemed to have been served on the lessee, if left addressed to him on the demised property or forwarded to him by post or left at his last known address and a notice sent by post shall be deemed to be given at the ......the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ..

Category: Property Law | Date: | Hits: 87

Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)

....ner in posses­sion of 1/2 share. Then he transferred 6.80 acres of land. Shukjan died leaving her son Kcramat and 2 daughters i.e. Sabjan and Kad Bibi who transferred their 1/6th shares by way of a registered deed dated 12.09.1968 to the defendant No.15 and Khodeja also transferred her share by wa......khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......and the mutated khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ..

Category: Property Law | Date: | Hits: 69

Jamshed Ali and others. Vs. Azman Ali, 2008, 37 CLC (AD)

....d subsequently Mohendra Kumar Paul sold his share to the extent of 20 decimals in S.A. Plot No. 1669 to defendant No.1 Jamshed Ali, who is full brother of the answering defendants on the basis of the registered kabala dated 18.11.1970 and delivered possession to the purchaser and defendants have bee......urt Division considered all aspects of this mater and we do not find any legal infirmity in the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......urt Division considered all aspects of this mater and we do not find any legal infirmity in the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 69

Mahirun Nessa Vs. State, 1993, 22 CLC (HCD)

....Advocate submits that there being no allegation that the accused appellant petitioner is the author of the forgery there appears to be good ground in the appeal for which the appeal is required to be registered and heard on merit for the ends of justice. 4. Mr. SB Barua, the learned Advocate, ap......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.......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

M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)

....statement of facts. 2. One al‑haj Mohammad Ashraf Ali was the owner of certain premises. The petitioner came to occupy the same as a tenant under him at a monthly rental of Taka 1200.00. Under a registered deed of Heba‑bil‑ewaz dated 2nd November, 1987 the said Al‑haj Mohammad Ashraf Ali ......ke payment of rent to the transferees. Similar notices were also sent by the transferees. On receipt of the said notices the petitioner sent his rents for the premises to the said transferees through postal money orders, dated 8th December, 1987. The money orders were returned un‑delivered with an...... Al‑Haj Mir Jahan ....................Opposite Party (In Civil Revision No. 675 of 1990) Judgment January 6, 1993. Case Referred To- Maria Keshi D'Rozario Vs. Hassan Movies Ltd. 41 DLR (AD) 135. Lawyers Involved: SR Paul with Md. Faruque Ahmed and Md. Bazlur Rahman Chhana, Advoca..

Category: Property Law | Date: | Hits: 78

Farid Karim Vs. State, 1992, 21 CLC (HCD)

....order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......s not disputed. The prosecution has also proved by evidence that the death of Tutul was not natural death and this also finds support of the evidence of P.W.8 Doctor Mohammad Ali Hossain who held the post‑mortem examination on the dead body of Tutul. During his examination in Court as a witness th......bruary 19, 1992. Cases Referred To- Hasen Ali and another Vs. State, 38 DLR 235; Manjil Fakir Vs. The State, 17 DLR 64; Alhappa Coundan and others Vs. The Emperor, AIR 1937 Madras 618; 39 DLR (AD) 117; Naib Ali and others Vs. The State, 21 DLR 122; Pakala Narayan Swami Vs. Emperor, AIR 1939 (..

Category: Criminal Law | Date: | Hits: 84

Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)

....llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......mant lodged the written ezaher at Naria Police Station. 4. Police took up the investigation of the case, made an inquest on the dead body, seized alamats, examined the witnesses and on getting the postmortem report submitted charge sheet against the appellants under sections 302/109 Penal Code. ......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ..

Category: Criminal Law | Date: | Hits: 67