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Abul Bashar Vs. The State, 1992, 21 CLC (HCD)

.... is thus made absolute. The petitioner should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 391. ...... is thus made absolute. The petitioner should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 391. ...... is thus made absolute. The petitioner should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 391. ..

Category: Criminal Law | Date: | Hits: 104

Commissioner of Taxes, Chittagong (South) Zone, Chittagong Vs. Pahartali Textile & Hosiery Mills, Pahartali Chittagong, 1992, 21 CLC (HCD)

..... The Deputy Commissioner of Taxes completed assessment of the income of the assessee company for the assessment year 1979‑80 on the basis of a provisional return of its income. In computing of the total income of the assessee company the Deputy Commissioner of Taxes disallowed the claim of 71. 8,......ormulated in this application is in the affirmative and against the Revenue. Parties are to bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 389. ......ormulated in this application is in the affirmative and against the Revenue. Parties are to bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 389. ..

Category: Fiscal/Taxation Law | Date: | Hits: 266

Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)

....r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the im­pugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ......r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the im­pugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ...... the petitioner should compen­sate the opposite party for it and accord­ingly allowed the Misc. case on terms as already stated above. 3. The short point for consideration is whether a Court has jurisdiction to set aside an ex parte decree upon exercise of its inherent power under section 151 C..

Category: Procedural Law | Date: | Hits: 127

Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)

....on of death sentence has been held as ground for commutation of death sentence to life imprisonment fact as it appears from the Judgment the commutation sentence was made on the ground that there was total ab­sence of motive behind the murder and that assailant Mosammat Maleka, wife of the vic­tim......d with utmost cruelty. The learned Additional Sessions Judge considering all circumstances of the case was of opinion that guilt had been brought home to each appellant beyond reasonable doubt and in absence of extenuating circumstances each deserves death sentence and according he passed that sentÂ......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ..

Category: Criminal Law | Date: | Hits: 134

Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)

....f the Code of Criminal Procedure to which they repeated their innocence. The defence did not adduce any evidence. 6. The defence case, a s could be gathered from the trend of cross-examination, is total denial and their, inter alia, case is that they are neither responsible for nor connected with......is the dying declaration of the deceased, but it appears from the record that the same was not referred to the accused while they were examined under section 342 of the Code of Criminal Procedure. In absence of the same the accused are found to have been prejudiced in taking their defence. In suppor......down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ..

Category: Criminal Law | Date: | Hits: 111

Dr. Md. Shahjahan, Advo­cate Vs. Election Commission and others, 2011, 40 CLC (HCD)

....ariable pre-condition for the valid­ity of such order. (3) The jurisdiction of the High Court Division under Article 102 of the Constitution cannot be invoked except on the very limited ground of total absence of jurisdiction (coram non-judice) or malice in law to challenge any step in the proce......e pre-condition for the valid­ity of such order. (3) The jurisdiction of the High Court Division under Article 102 of the Constitution cannot be invoked except on the very limited ground of total absence of jurisdiction (coram non-judice) or malice in law to challenge any step in the process of ......ip Justice Badrul Haider Chowdhury observed as under: "(1) Under rule 70 read with Section 24 of the Ordinance the Election Commission has been vested with plenary, supervisory and dis­cretionary jurisdiction to oversee that an elec­tion in conducted honesty, justly and fairly and in accordance..

Category: Election Law | Date: | Hits: 231

Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)

....ny alleged in the petition of com­plaint that the Meghna Food Product has failed to give several numbers of monthly rental to the com­plainant leasing company and therefore till 30th June, 2005 the total outstanding of the Meghana Food Products towards the complainant company stands at Taka 30,13,......etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531.......8 of the Negotiable Instruments Act; that taking cognizance and framing of charge and to proceed with the trial of the case by the Metro. Sessions Judge and Metro. Assistant Sessions Judge is without jurisdiction; that the instant proceeding does not disclose cause of action under clause (c) of sect..

Category: Criminal Law | Date: | Hits: 103

Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)

....9A has been inserted in the Civil Procedure Code vide Code of Civil Procedure (Amendment) Act IV of 2003 to encourage the liti­gant people to settle their dispute through Meditation. Perhaps to give total effect of this new provision of law the legislature has imposed this restriction from preferri......he defendant No.35 being appellant has preferred this appeal. 5. Mr. Abul Kalam Chowdhury learned Advocate appearing on behalf of the appellant submits that the order dated 15-8-2004 was passed in absence of the defendants which is contrary to the provision of section 89A(1) of the Code of Civil ......r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ..

Category: Alternative Dispute Resolution | Date: | Hits: 227

Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)

....in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524.......in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524.......in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524...

Category: Procedural Law | Date: | Hits: 129

Grameen Telecom Vs. Dr. Rowshan Alam and another, 2010, 39 CLC (HCD)

....ew that the revisional application is liable to be rejected. Accordingly, the Rule is discharged. There being no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 523. ......ew that the revisional application is liable to be rejected. Accordingly, the Rule is discharged. There being no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 523. ......ew that the revisional application is liable to be rejected. Accordingly, the Rule is discharged. There being no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 523. ..

Category: Procedural Law | Date: | Hits: 100

Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)

.... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519....... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519....... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519...

Category: Property Law | Date: | Hits: 105

Mian Abdur Rashid and others Vs. Government of People's Republic of Bangladesh and others, 1986, 15 CLC (HCD)

....are either nationals of Bangladesh or companies incorporated in Bangladesh. The petitioners have alleged, they, their family members and dependents own and hold the aforesaid 1,76,500 shares out of a total 3,25,000 shares of the said Purbachal Jute, as they were holding before nationalisation of the......Mr. Amlani and others. There is no evidence as to whe­ther the alleged transfers of 95,000 shares of the petitioners to Mr. Amlani and other were registered or recorded in the share register. In the absence of any list of share-holders or re­turn of share-holders in form of the Compa­nies Act for...... taken by the Government and matters relating to disinvest­ment of nationalised Industries or transfer of nationalised enterprises or share thereof to the share-holders are within the administrative jurisdiction of the Government but it shall be exercised fairly, reasonably and not arbitrarily. ..

Category: Company Law | Date: | Hits: 162

Manoo Meah Vs. Sultan Ahmed Khan, 1984, 13 CLC (HCD)

....out so as to attract the revisional juris­diction of this Court. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 119....... Vs. Otaruddi Howlader and others reported in AIR 1929 Cal. 475 a Division Bench of, the Calcutta High Court held that under Order 41, rule 17 the Court is not authorised to consider an appeal in the absence of the appellant and decide it on merits. In the case of Digendra Chandra Pal Vs. Radha Bell......b State and others reported in AIR 1962 Punjab 82 of the Court held after con­sidering a good number of decisions in some of which a contrary view was also expressed, that the appellate Court had no jurisdiction to dismiss he appeal on merits under Order 41, rule 17 and its order should be treated,..

Category: Procedural Law | Date: | Hits: 116

Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)

....ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109.......this pro­ceeding was also not competent because in whose Court the alleged bainanama is said to have been submitted had not made any complaint as required under section 195(c) of the Code and in the absence of such a complaint by the Court the proceeding started for using a false document in a proc......officer but to no result. Thereafter, the pet­itioner appeared before the Sessions Judge, Jessore on 11.01.1983 and submitted that the trial of the accused m the circumstances of the case is without jurisdiction and as much as the Sub-ordinate Judge in whose Court O.C. Suit No.152 of 1980 was pendi..

Category: Criminal Law | Date: | Hits: 117

Sonali Bank Vs. Bengal Liner Ltd. & others, 1986, 15 CLC (HCD)

.... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105.......rs the following points were argued before the Admiralty Courts". In the grounds taken nowhere was it pointed out that the Admiralty Court passed a decree against the judgment-debtor Nos.3-7 in their absence. The said judgment-debtors openly acknowledged that the suit was contested by them as well. ......0% interest and costs on 27.01.1986. Leave to Appeal No.67 of 1986 was refused by the Appellate Division on 08.05.1986. The decree-holder prays for the other assets of the judgment debtors within the jurisdiction of this Court to be sold in execution. 2. The execution is being contested by the ju..

Category: Admiralty Law or Maritime Law | Date: | Hits: 360

Pubali Bank Ltd. Vs. Chairman, 1st Labour Court, Dhaka & others, 1986, 15 CLC (HCD)

....to costs. However, we direct the Labour Court to dispose of the original cases expeditiously. Anwarul Hoque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 128.......to costs. However, we direct the Labour Court to dispose of the original cases expeditiously. Anwarul Hoque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 128.......nged the orders and obtained these Rules. 4. Mr. Md. Khalilur Rahman, the learned Advocate appearing on behalf of the opposite-party petitioner has submitted that the Labour Court has no power and jurisdiction under law to pass an interim order of stay or an order of injunction pending hearing of..

Category: Labour and Industrial Law | Date: | Hits: 147

Promode Ranjan Paul & others Vs. Government of Bangla­desh & others, 1986, 15 CLC (HCD)

....order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ......order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ......order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ..

Category: Property Law | Date: | Hits: 107

Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)

....laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554.......rom the plaintiff, the scribe also duly proved the execution of the baina and further, the plaintiff was not also required to produce and prove the Deed of Heba‑bil‑Ewaz dated 15‑12‑85 in the absence of the assertion that the defendant No.1 did not acquire title in the suit land by the said ......laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554...

Category: Property Law | Date: | Hits: 104

Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)

....r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ......r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ......sion is mala fide and for collateral purposes. It hardly needs any emphasis to state that law does not protect any malafide or arbitrary act because such act by its very nature is illegal and without jurisdiction. It cannot, therefore, be laid down as an inflexible proposition that 'suspension', tho..

Category: Employment/Service Law | Date: | Hits: 194

Advocate Taimur Alam Khandaker Vs. Rajdhani Unnayan Kartipakkha (RAJUK) and others, 2011, 40 CLC (HCD)

....the above observation. Let a copy of the Judgment and order be sent to the concerned author­ity for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 517. ......the above observation. Let a copy of the Judgment and order be sent to the concerned author­ity for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 517. ......the above observation. Let a copy of the Judgment and order be sent to the concerned author­ity for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 517. ..

Category: Property Law | Date: | Hits: 115