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State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ...... as such, participation of the accused in the crime with the deadly weapons as stated by the witnesses is possible. It is repugnant that when accused Khalilur Rahman went to deceased Sikim Ali with a view to get some favour, namely to allow him some passage over the Courtyard of Sikim Ali cannot acc..Category: Criminal Law | Date: | Hits: 139
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......tion and the test, "The dogs may bark, the caravan will pass" of Krishna Ayer, J should not be adhered to. And if it is so shown it would be a premium given to a member of Subordinate Judiciary. This view finds support from the decision in the case Sir Edward Snelson Vs. The Judges of the High Court..Category: Criminal Law | Date: | Hits: 149
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
....No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ...... and he was informed that due to undue pressure of higher authorities of the Government effective steps could not be taken regarding the allegations against the complainant and the matter was under review and necessary measures would be taken in proper time. Except the above no further comment has b..Category: Criminal Law | Date: | Hits: 125
Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)
....nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ......estead is included within agricultural holding and, as such, it is pre‑emptible under section 96 of the State Acquisition and Tenancy Act. 8. For the reasons and discussions above, my considered view is that the agricultural holding for the purpose of invoking section 96 of the Act includes hom..Category: Property Law | Date: | Hits: 106
Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
....iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ......ation for substitution is at all made. Then what order can be passed by this Court on the application filed by the contesting opposite party to note the abatement of the revision itself. I accept the view that a revision does not abate but at the same time I am inclined to say that when the sole pet..Category: Procedural Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ......interpreted in such a manner that it should be rather saved than destroyed. Dr. Neelima Ibrahim Vs. People's Republic of Bangladesh, 32 DLR 201 and Dr. Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201. In view of the above position I find that the intention of the legislature was very clear to exclude tr..Category: Property Law | Date: | Hits: 127
....olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376.......er was definitely passed by the authority in the garb of punishment disclosing stigma against the terminated employees including petitioners of 16 writ petitions. On perusal of Annexure A and also in view of paragraph No.5 of Affidavit-in-opposition filed by respondent Nos. 2 and 3 an noticed above ..
Category: Employment/Service Law | Date: | Hits: 160
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
.... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373.......ence of death into sentence of imprisonment for life. 15. After meticulous reading of the evidence on record both oral and documentary and after hearing of both the learned Counsels, we are of the view that it is a clear case of murder and the conviction is legal and justified under section 302 o..Category: Criminal Law | Date: | Hits: 130
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......ocedure in the year 1992, the amended provision of that sub section (5) shall not be applicable in the present case but the earlier provision shall be applicable. We regret that we cannot accept this view. We have earlier noticed that there is no special and separate provision for holding investigat..Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....Court has decreed the suit illegally without finding that the plaintiff has failed to prove his case, the learned trial Court has misconceived the provision of Clause 8(b) of the Insurance policy and erroneously found the suit is not barred by limitation. Mr. Rahim, the learned Counsel for the appel...... and law involved in the cited case is drastically different from the facts and law of the case before us and the decision taken in consideration thereof, has no manner of application in this case in view of the facts and terms of the Insurance policy. We also find it impossible in the facts and evi..Category: Business or Commercial Law | Date: | Hits: 522
State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)
....RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......ি খায়রুলকে শাহাজাহানের পুকুরের উত্তর পারে নিয়ে আসি। 12. Definition of confession is by now well settled in view of the decision of the Privy Council in the case of Pakala Narayan Swami that no statement that..Category: Criminal Law | Date: | Hits: 129
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
.... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352....... month. The learned family judge further found that the plaintiff was entitled to both prompt dower amounting to Taka 43,000.00 and deferred dower amounting to Taka 42,000.00 in all Taka 85,000.00 in view of the law contained in the Muslim Family Laws Ordinance, 1961. The other claim of the plaintif..Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
.... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ......ecurity of loan availed by M/s. MA Salam and Company; thereafter on 4-11-91 Capital Ship Breakers deposited title deeds relating to the said suit property with Islami Bank Bangladesh Limited with a view to secure the credit facilities advanced by the respondent Bank but eventually the loan was n..Category: Civil Law | Date: | Hits: 235
....hat view of the matter the application for condonation of delay is rejected and the Customs Appeal No.04 of 2010 is hereby dismissed.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 416.
...... that the Customs Appeal No.04 of 2010 has been filed before this Division on 09-2-2010 against the Order dated 21-10-2009 passed by the Commissioner, Customs Excise and VAT (Appeal) and President, Review Committee which was out of time by 17 days. The appellant Commissioner of Customs has now filed..
Category: Limitation Law | Date: | Hits: 324
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435....... the wife of the accused Manik. The identity of those articles were not established by the prosecution. 15. So far as the promise of payment of money is concerned, it appears to be improbable in view of the positive evidence of P.W.2 himself that at the time of marriage of his daughter with acc..Category: Criminal Law | Date: | Hits: 142
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
.... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433.......h each other dishonestly created a bainapatra allegedly executed by complaint's father Al-haj Abdul Latif on 5.1.73 in favour of accused Sona Mia by forging the signatures of Abdul Latif and with a view to grab the property of Abdul Latif used the said bainapatra as Ext.A in Title Suit No.482 of 1..Category: Criminal Law | Date: | Hits: 107
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....epting defendant No.2 did not come forward to say that they did not authorize defendant No.1 to sell -/12/- annas share of the suit industry to the plaintiffs the learned Subordinate Judge held the erroneous view that it was a case of assignment by all the partners and not by defendant No.1 alone....... the persons who attended them are, in our opinion, material facts and the plaintiffs having omitted to mention them in the plaint they can not be permitted to give evidence thereof at the trial in view of Order 6, rule 2, Civil Procedure Code without amendment of the plaint under Order 6, rule ..Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
.... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347.......9 in Writ Petition No.564 of 1985, where one of us (MM Haque J) is a party, an objection was raised when a teacher of the Adamjee Jute Mills School had been ordered to be retired at the age of 57, in view of the provisions of the Bangladesh Public Servant (Retirement) Act, 1974. Such objection was t..Category: Labour and Industrial Law | Date: | Hits: 184
Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)
....ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ......th. 18. Besides, only a Sessions Court can take cognizance in respect of the offence regarding Antiquities but in the instant case, the cognizance was purportedly taken by the Special Tribunal. In view of section 28 of the Antiquities Act, such taking of cognizance by the Special Tribunal is with..Category: Others | Date: | Hits: 159
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341.......n a suit for specific performance of contract it is not permissible to adjudicate on the question of title of stranger to the contract who need not therefore be made a party to such a suit. 13. In view of the facts and circumstances of the case and the decision reported in 43 DLR (AD) 107 and the..Category: Procedural Law | Date: | Hits: 121
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