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Madina Vegetable and Oil Refi­nery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)

....ullah raised question of main­tainability of the application for arrest of the vessel ‘MT Dolores’ on the ground that the Admiralty Court of this Division entertained the plaint illegally as the statements made therein does not disclose any cause of action to attract the jurisdiction of the Hig......sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 383

Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)

....3 (President's Order No.11 of 1973), the changed name of the said Halls reappeared in clause 18(2) of the First Statutes of the Dhaka University Order, 1973 (President's Order 11 of 1973). It is also stated that the said change in the name of the Salimullah Muslim Hall as Salimullah Hall was made in......ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63...

Category: Civil Law | Date: | Hits: 63

Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....lic of Bangladesh (as principal defendant) and others on 2‑10‑1975 for a decree declaring their title in 0.20 acres of land of CS Plot No.3600 of Mouza Botardia. In that suit the three plaintiffs stated that their predecessor Hari Prashanna Ghosh got settlement of the suit land from the landlord......ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ..

Category: Property Law | Date: | Hits: 113

Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)

.... have been passed without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this court may seem fit and proper. 2. In the writ petition it has been stated, inter alia, that the petitioner in course of his business opened letter of credit No.1945‑......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ..

Category: Fiscal/Taxation Law | Date: | Hits: 111

Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)

....y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ..

Category: Property Law | Date: | Hits: 79

Azam Reza Vs. State, 2004, 33 CLC (HCD)

....il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ..

Category: Criminal Law | Date: | Hits: 96

Inspector of Schools, Board of Secondary and Higher Secondary Education, Dhaka and others Vs. Managing Committee, Khashmahal Balurchar High School and others, 2003, 32 CLC (HCD)

....Bench discussed the principle of law enunciated by the Privy Council in the case of Secretary of State Vs. Mask and Co. as referred to by Mr. Habibulla. In conclusion I hold that in view of the clear statements made in the plaint as to the cause of action and the reliefs sought for therein, the suit......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed. The plaint of title Suit No.12 of 2002 is hereby rejected. Ed. This Case is also Reported in: 57 DLR (2005) 34. ..

Category: Procedural Law | Date: | Hits: 72

Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)

.... the judgment of the trial Court on the reasoning that since the plaintiffs having proved the execution of the deed of contract for sale, they are entailed to a decree for specific performance. P.W.5 stated in chief that the plaintiffs have been possessing for the last 4/5 years. In course of cross-......fering with the concur­rent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ..

Category: Civil Law | Date: | Hits: 55

Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)

....ase accused Dipak Datta Bhola was arrested. His confession led to recovery of the severed head of the deceased. Then accused Dipak Datta Bhola, Jahangir Alam and Md. Mobarak Hossain made confessional statements recorded by the Magistrates under section 164 of the Code of Criminal Procedure. Police a......and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 68

Ratan Sikder alias Ratinnya alias Ratan Das and another Vs. State, 2012, 41 CLC (AD)

....here he died at 5.40 pm. The informant, Zillur Rahman, (P.W.2), lodged the F.I.R. on the same day, which gave rise to Kotwali P.S. Case No.42 dated 20.04.97. 3. During the course of investigation statements under sections 164 of the Code of Criminal Procedure of four important witnesses were rec......statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 77

Almgir Hossain and another Vs. State, 2012, 41 CLC (AD)

....h, Monjil Hossain and Ramija Khatun were arrested on suspicion and forwarded to the Court of learned Magistrate. Accused Edu Miah and Ratan Miah were taken on remand and thereafter their confessional statements were recorded under section 164 of the Code of Criminal Procedure by a Magistrate, 1st Cl......fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 70

Pulin Mahajan Vs. State, 2011, 40 CLC (AD)

....ocate-on-Record appearing on behalf of the appellant has placed the evidence of the witnesses and other materials on record and submits that there is no legal evidence to corroborate the confessional statement of co-accused Gopal Karmaker and as such, the High Court erred in law in maintaining the c......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ..

Category: Criminal Law | Date: | Hits: 81

Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)

.... State earlier refused to prefer any appeal. In case of refusal by the State to prefer appeal then an aggrieved party may file a revisional application. But nothing has been produced to show that the state refused to prefer appeal against the order of acquittal. 5. Mr. Md. Nazrul Islam Talukder, ......and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ..

Category: Criminal Law | Date: | Hits: 83

State Vs. Abul Hashem, 1997, 26 CLC (HCD)

....d chowkidar P.W.8 to arrest them. Two torch-lights and one watch were recovered from them in presence of P.W.9. Police subsequently took them into custody. On 7-8-91 all the dacoits made confessional statement and those were recorded by P.W.3 Mr. SR Chakma, a local Magistrate. 7. Mr. Khorshed Ala...... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ..

Category: Criminal Law | Date: | Hits: 66

Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)

....lex; that the defendants were trying to forcefully take possession of the suit‑lands. Hence the above suit by the plaintiffs for permanent injunction. 3. The defendant Nos. 1 and 2 filed written statement to contest the suit by denying the material allegations made in the plaint and also by rai......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ..

Category: Property Law | Date: | Hits: 47

Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)

....the bank and that plaintiff opposite party passed MBBS examination and got an employment under the Govt. and subsequently separated himself from the petitioner. 5. Plaintiff opposite party further stated that on 22.3.73 he came to know that property in Schedule ‘Ka' has been fraudulently obtain......en to his elder brother Sagiruddin for supervising settlement operation which was then going on in India at that time. Subsequent statement made by defendant petitioner is obviously not real state of affairs. However, on the basis of a power of attorney Sagiruddin, the eldest brother of defendant pe..

Category: Property Law | Date: | Hits: 74

Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)

.... of the victim girl she was taken to the police‑station and thereafter sent to the local Upazila Magistrate who sent the victim girl Shilpi to the judicial custody by an order and also recorded her statement under section 164 CrPC in which she alleged, inter alia, that she had love affairs with ac......local Upazila Magistrate who sent the victim girl Shilpi to the judicial custody by an order and also recorded her statement under section 164 CrPC in which she alleged, inter alia, that she had love affairs with accused Nurul Islam and that she was not kidnapped or abducted by the accused; rather, ..

Category: Criminal Law | Date: | Hits: 69

Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)

....fic by the Authority on 4.4.72. The petitioner was dismissed by order dated 18.9.76 and against the said order of dismissal he filed Writ Petition No.378 of 1980 and by order of this Court he was reinstated with full benefits as the order of dismissal was found tainted with bias and mala fide and th......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ..

Category: Employment/Service Law | Date: | Hits: 116

Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)

.... 1978 before the Appellate Tribunal and the said Tribunal by Judgment and order dated 9-12-82 acquitted all the appellants and as against the respondent (State) did not prefer any appeal. 7. It is stated that the petitioner is innocent. He had no involvement in the case and he knew nothing about ......of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ..

Category: Criminal Law | Date: | Hits: 79

Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....ention raised by the learned Advocate for the petitioner. 9. In the respective order refusing refund of the amount of excise duty realised unauthorisedly from the respective petitioner it has been stated that the respective petitioner realised the excise duty paid by it from the buyers of the pro......oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ..

Category: Fiscal/Taxation Law | Date: | Hits: 164