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Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ......e-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ......o deal with the problem posed by the adoption of unfair means by candidates, and normally it is within the jurisdiction of such domestic Tribunals to decide all relevant questions in the light of the evidence adduced before them. In the matter of the adoption of unfair means, direct evidence may som..Category: Others | Date: | Hits: 122
Abdul Jalil Sheik Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)
....e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ......) Present: Abdul Hasib J Abdul Jalil SheikÂ………..Petitioner. Vs. Md. Abdul Quddus Sarker............Opposite Party. Judgment June 12, 1991. Lawyers Involved: Abdul Momin Talukder, Advocate ‑For the Petitioner. Not represented ‑ the Opposite Party. Civil Rev......€‘payment of cost of Taka 200.00. Under Order 47, rule 2 of the Code of Civil Procedure an application for review for any mistake or any other error other than discovery of new or important matter or evidence can be made. Accordingly, this application i.e. Miscellaneous Case No.26 of 1985 for review..Category: Property Law | Date: | Hits: 75
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ......ent: Syed Fazle Ahmed J Afzal Meah.................Petitioner Vs. Bazal Ahmed and others.................Opposite Parties Judgment April 1, 1991. Lawyers Involved: Md. Ruhul Amin, Advocate ‑ For the Opposite Party-Petitioner No. 8. Md. Momtazuddin Ahmed, Advocate ‑ For......xecuted on 23.7.81 i.e. prior to the filing of the pre‑emption case there is nothing left to be pre‑empted. In view of this fact the pre‑emption case is not maintainable. 7. Both parties led evidence in support of their respective contention and on consideration of such evidence the teamed ..Category: Property Law | Date: | Hits: 72
Bangladesh Vs. M/s. Mashrique TexÂtiles and others, 1982, 11 CLC (AD)
....at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ...... Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ...... the parties, or, if otherwise, between the applicant and other parties. (2A) A miscellaneous case registered under sub-section (2) shall, unless the Court considers it necessary to take any other evidence, ordinarily be disposed of on an affidavit. (3) On such application being made, the Cour..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56........ Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......ordance with the statutory provision of section 9 of the Act and that the inspecting Joint Commissioners; determination of bonafide annual value at Tk.1,80,000/- is illegal and not based on any legal evidence. 4. The Inspecting Joint Commissioner of Taxes, however, rejected the objection, agains..Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdul Haque Miah and another Vs. Abdul Rashid & another, 1982, 11 CLC (AD)
.... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ....... Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ......clause (a) of sub-section (10) of section 96 of the State Acquisition and Tenancy Act. Secondly, they denied that the pre-emptor is a co-sharer by inheritance. The learned Munsif, on consideration of evidence, found that the pre-emptor is a co-sharer by purchase and not by inheritance, but neverthel..Category: Property Law | Date: | Hits: 72
Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)
....scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......end down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ....... 5. In order to substantiate the allegation against the appellants the prosecution in all examined as many as 11 witnesses who were cross-examined by the defence. 6. After completion of taking evidence the convict appellants were examined under section 342 of the Code of Criminal Procedure (t..Category: Criminal Law | Date: | Hits: 68
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ......lls……....Appellant Vs. Commissioner of Income Tax…………Respondent Judgment March 13, 1978. Case Referred To- The Commissioner of Income Tax, Dacca Zone Vs. Gulistan Cinema Co. (1976) 28 DLR (AD) 14. Lawyers Involved: C.R. Ali, Advocate, instructed by Abu Bak...... 12. The expression "mistake apparent on the face of the record" has been accepted to mean a patent error or an error which is self evident on the face of the record and does to require argument or evidence or a long drawn process to establish it. In the preÂsent case the order dated 12-9-62 of t..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......neous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ...... scope in Order 9, rule 13 of the Code of Civil Procedure is larger than that of appeal because the remedies are distinct as has been rightly contended by Mr. Pal, the learned Counsel. In one case evidence is to be led on the point of non-service of summons or absence due to sufficient reasons, ..Category: Procedural Law | Date: | Hits: 80
....ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
....... The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
......sain (deceased) was engaged in an altercation with accused Siddique Ahmed, and two others. Tafazzal Hossain asked them why they were beating his tin roof. In reply they said, why he was going to give evidence against them in the paddy cutting case brought by Siddique Ali. The accused persons however..
Category: Criminal Law | Date: | Hits: 74
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......ported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......er used to accept as and when necessary, that the plea of reconstruction of the house is not correct. That on those grounds, the suit is liable to be dismissed. 5. The learned Assistant Judge, on evidence, found that the notice under section 106 of the Transfer of Property Act, was duly served u..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......ions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......of the donor who has signed the instrument, as well as the fact of execution. It is for this reason that the presumption under the section, unless rebutted stands, and the document can be admitted in evidence as a document executed by the person alleged to have executed it, without any further proof..Category: Property Law | Date: | Hits: 63
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ......e, Advocates - For the Appellant. Faruque Ahmed, Advocate - For the Respondents. First Appeal No. 117 of 1999. Judgment Md. Abdur Rashid J.- This appeal was presented by the appellant, an insurance company incorporated under the Companies Act, 1994 against an order dated 17-2-1999 of the......ising under a policy of life insurance assuring a sum not exceeding five thousand Taka may be referred to the Controller of Insurance and the Controller may, after hearing the parties and taking such evidence as he may, in his absolute discretion, consider necessary, settle the dispute Under sub-sec..Category: Business or Commercial Law | Date: | Hits: 190
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
.... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ......Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ......terpolation by the applicants. Copies of the previous attendance sheets which are used by the CCCI showing attendance of the directors and a copy of the attendance sheet which is fabricated to use as evidence of service of notice are annexed as Annexures-1, 2 and 3 to the affidavit-in-opposition ent..Category: Others | Date: | Hits: 123
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ...... Islam Steel Mills……………Respondents Judgment July 12, 2000. Cases Referred To- United India Insurance Co. Vs. MJK Corporation, [1996] 6 SCC 428; Trang Ice Cold Storage Vs. Amin Fish Farm, 46 DLR 39; Boston Fruit Corporation Vs. British and Foreign Marine Insurance, 1906 AC ......h were marked as exhibits 1 to 12 while the documents adduced by the defendants were marked as exhibits ‘Ka’ to ‘Ga’. 9. On consideration of the facts and circumstances of the case and the evidence on record, the trial Court held, inter alia, that (a) the suit as framed is not barred b..Category: Business or Commercial Law | Date: | Hits: 211
Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
.... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ......oners. NK Saha - For Opposite Party No.1. Civil Revision Case No.1353 of 1989. Judgment Md. Awlad Ali J.- This Rule arises out of a judgment and decree dated 27-8-1989 passed by the Subordinate Judge, Madanpur in Title Appeal No.46 of 1988 by which the decree of the trial Court in a suit......d document and that Guru Das Halder and others did never execute any kabala in favour of the father of the plaintiff. 4. The trial Court framed proper issues in the suit and upon assessment of the evidence added by the parties that the suit is barred by limitation stating that the plaintiff has a..Category: Property Law | Date: | Hits: 55
Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)
....actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ......urisdiction) Present: AFM Abdur Rahman J Bangladesh Inland Water Transport Corporation, a statutory corporation established under Bangladesh Inland Water Transport Corporation Order 1972 having its Head Office at 5, Dilkusha Commercial Area, Police Station Motijheel, Dhaka…....................te with Ms. Aziz Ul-Mawa, Advocate-For the Plaintiff. No one appears-For the defendant. Admiralty Suit No. 01 of 1990. Judgment AFM Abdur Rahman J. - This Suit has been heard upon taking evidenced of the Parties and now disposed of by this judgment. 2. This Admiralty Suit has been i..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ......: ...... documents from the consignee Sonali Bank which was issued for the purpose of Customs assessment and not for the clearance of the goods, which has been exhibited as exhibit No. 2 series. But from the evidence on record it appears that upon a LIM account maintained in favour of the plaintiff by the S..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Md. Fazlar Rahman @ Major Vs. State, 2011, 40 CLC (HCD)
....y at once if not been wanted in connection with any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... 11. The learned Assistant Attorney General appearing for the opposite party opposed the appeal and submits that the trial court has rightly convicted and sentenced him on proper assessment of the evidences on record and there is nothing to interfere in the impugned judgment and as such the appea..Category: Criminal Law | Date: | Hits: 60
State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)
....e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ......ransferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ......ed that he did not prepare the sketch map afresh or did not record the statement of witnesses whose statements were already recorded by the previous Investigating Officer. 27. This is in brief the evidence produced by the prosecution. 28. The accused was examined under section 342 of the Code ..Category: Criminal Law | Date: | Hits: 62
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