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Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ......en living thereon by erecting a dwelling house and paying rent to the government; that thereafter, since the land is situated within Bajitpur Municipality, the defendant No.1, Ayesha Khatun, opened a holding in her name and paid the municipal taxes and present record was also prepared in her name. I..Category: Property Law | Date: | Hits: 126
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
....ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......d Kohinur Khatoon was performed by Dr M Shamsul Hussan (PW 5). He found one bruise in the right side of the neck including angle of the momdible. 5. Opinion was kept reserved for viscera report on holding chemical analysis. Result of chemical examination revealed that no poison was found. Doctor ..Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......en in his petition of Jail Appeal sent to this Court. So, from the testimony of the eye-witnesses corroborated by other evidence on record and the confessional statement of Mamun, we have no doubt in holding that the prosecution has been able to prove beyond all reasonable doubt the fact of causing ..Category: Criminal Law | Date: | Hits: 224
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
....asis of the evidence of the eyewitnesses namely, PW 1 [informant] and PW 3 Jharna Begum who saw the occurrence and later on recognised the condemned prisoners in test identification parade. It is not disputed that the first information report was lodged by PW 1 Rahena Akthar, the wife of the decease......of the case. He investigated the case by visiting the place of occurrence, examined witnesses and recorded their statements under section 161 of the Code of Criminal Procedure. He also took steps for holding of a Test Identification parade inside the Noakhali District Jail where the witnesses concer..Category: Criminal Law | Date: | Hits: 91
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593....... Chandra Das died leaving three sons, namely, the pre-emptor and respondent Nos. 2 and 3 (opposite party Nos. 4 and 5 in the application). 4. Besides, Panchamoni Dasi exhausted her interest in the holdings by transfer to the pre-emptor said respondent Nos.2 and 3 and Purnima Rani and Subola Rani ..Category: Property Law | Date: | Hits: 69
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......e investigating officer His statements made on both occasions is presented collectively as follows: 13. PW 1 corroborated the first information report story as stated earlier. He stated that after holding investigation of Gulshan PS Case No. 73 dated 24-4-1998 initiated on the basis of the first ..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....g in ejmali with the co-sharers. 5. It is further stated that the suit property was never sold in auction; that Rupsha Fakir did not auction purchase the land of CS 30 khatian; that 'Kha' schedule disputed order of review case No. 2 of 1994 is illegal, without jurisdiction and not binding upon th...... Kolkarsha pattan" from the auction purchaser Rupsha Fakir measuring an area of 69 decimals of land by executing and registering a Kabuliat dated First Srabon 1326 BS and paid rent to Rupsha Fakir by holding over after the expiry of the term of alleged Kabuliyat; that later Rupsha Fakir transferred ..Category: Property Law | Date: | Hits: 70
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ...... the house and plundering ornaments. 18. PW 6 Md. Jasimuddin deposed that he was the Officer-in-Charge of the Kalai Police Station at the relevant time. On 11-7-1989 he went to Molam Gari area for holding a meeting, wherein he heard about the occurrence of dacoity committed in the house of Mamunu..Category: Criminal Law | Date: | Hits: 52
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ......verment would not bind the applicants unless the KEB could prove to have negotiated on the evidence on record. 84. He also submitted that the learned Joint District Judge committed no error in holding that the KEB paid no money to the seller since KEB failed to prove payment to the seller by ..Category: Business or Commercial Law | Date: | Hits: 289
AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)
.... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ......f Bangladesh Petroleum Corporation, in Grade-III on 19‑11‑1968 and that subsequently, through promotion he was posted as Manager, Technical and Special Project (MT & SP) and that while he was holding the said post as MT & SP he was placed in a higher post in Special Manager grade as Mark..Category: Employment/Service Law | Date: | Hits: 66
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
....it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91....... have decided the allegation on evidence and decided the appeal on merit instead of rejecting the same on maintainability only. 15. It appears that the High Court Division also erred in law in not holding that the appeal was maintainable before the appellate court and in not deciding the factum..Category: Property Law | Date: | Hits: 65
.... an aggrieved person within the meaning of Article 102 of the Constitution to invoke the fundamental rights as guaranteed under the Constitution. The petitioner cannot invoke Writ jurisdiction on the disputed question of facts, inasmuch as whether the petitioner No. 1 is a loan defaulter or not and ...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
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Category: Business or Commercial Law | Date: | Hits: 251
Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
.... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515.......by the Taxes Appellate Tribunal: (i) Whether the Taxes Appellate Tribunal was justified in passing the order dated 2-6-98 rejecting the ground in respect of remuneration of the assessee applicant holding that he is a Director of more than one company. (ii) Whether the Taxes Appellate Tribuna..Category: Fiscal/Taxation Law | Date: | Hits: 91
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ngladesh & others reported in 2004 BLD 365 = 9 BLC 613 a Division Bench of this Court held that where the allegation is about malice in law and such question can be decided without going into the disputed question of fact, this Court can assume jurisdiction under Article 102 of the Constitution.......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
.... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ......nufactured with the help of those machineries, including the one which had been used in another factory. With that view, the case of CIT Vs. Indian Aluminum Co. Ltd (1973) 88 ITR 257, 276 was decided holding that (i) the new business need not be a different kind of business, (ii) the newness of the ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
.... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ......nst the decree. Nor did they challenge the decree in the suit. In the context of such suit, the defendant No. 1 was not required to prove 'Pattan'. The Courts below therefore fell in serious error in holding against the defendant No. 1 for his failure in not adducing evidence on 'Pattan'. Moreover, ..Category: Property Law | Date: | Hits: 79
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
..... In the case of Shamsul Haque Vs. Ministry of Law, Justice and Parliamentary Affairs 5 BLC (AD) 176 the Appellate Division accepted the view of the High Court Division that determination of age is a disputed question of fact which cannot be decided in a Writ petition. The principle expressed in the......en. Finding no other efficacious remedy, the petitioner moved this Court and obtained the Rule Nisi. 3. At the time of issuance of the Rule, the petitioner, however, obtained interim order staying holding of the entire election of No. 4, Kaiyerbil Union Parishad. 4. None appears on behalf of r..Category: Election Law | Date: | Hits: 87
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ......ereafter, the informant lodged the first information report on 18-4-2004 with Kotwali police station. 3. Kotwali Police station registered the case and took up the case for investigation and after holding investigation submitted charge-sheet being No. 193 dated 25-4-2004 against the petitioner an..Category: Criminal Law | Date: | Hits: 65
Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)
....ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351.......e of Criminal Procedure was also not examined in the instant case. His another contention is that the learned Judge while passing the order of conviction and sentence also contradicted in his finding holding that a proceeding should be initiated against the informant Milon Kanti Barua for bringing o..Category: Criminal Law | Date: | Hits: 59
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
.... morgue. PW 11 performed post mortem examination of the deceased, PWs 13 and 14 were the investigation officers. So we find that PWs 10- 14 were formal witnesses. 26. Death of the deceased was not disputed. PW 11 held autopsy upon the dead body and opined that the death was due to shock resulted ......h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410...Category: Criminal Law | Date: | Hits: 55
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