Search Options
Judgment Advanced Search
Displaying 2361-2380 of 3784 results.
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
.... said statement is exculpatory and has got no conformity with the prosecution story. (ii) The confessional statement recorded by the Magistrate was recorded on a foolscap paper and it did not bear any endorsement as is required under section 164 of the Code and the statement is not tenable in law......g of every case. It is only a complaint to set the law or order in motion. It is only an initiative to move the machinery and to investigate into a cognizable offence. It is only at the investigation stage that all the details can be gathered and filled up. The First Information Report, thus should ......aleque took his father for the said purpose. This witness further stated that accused Khaleque and his father-in-law were going ahead and accused Abul Kasaem, Ali Ashraf, Azad Mia and his father were proceeding behind them and, thereafter, accused Abul Kashem, Azad Mia and All Ashraf killed his fath..Category: Criminal Law | Date: | Hits: 42
Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)
.... 5th Court, Dhaka is without jurisdiction. It is also submitted that as per provision of section 5A of the Prevention of Corruption Act only the inspector of police is empowered by law to investigate any offence punishable under any of the sections of the Penal Cede mentioned in section 3 or any off......y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40.......ule offences of the Criminal Law Amendment Act 1958 and, as such, only the Special Judge is empowered by law to try such cases under section 5 of the Criminal Law Amendment Act 1958 and, as such, the proceeding adopted and constituted by the learned Sessions Judge as well as by the learned Additiona..Category: Criminal Law | Date: | Hits: 62
Harun and others Vs. State, 1998, 27 CLC (HCD)
....irected against the judgment and order dated 23-11-95 passed by the learned Sessions Judge, Dhaka rejecting the prayer for bail of the accused-petitioner raising the contention that he did not commit any offence and he had been falsely implicated in the case and on the date of occurrence he was in I......direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......se No. 310 of 1998 and 142 of 1998 respectively. On perusal of the contents of the said GD Entry it appears that the accused-petitioners threatened the informant’s son Jahangir that in the event of proceeding with the case they would be removed from the world. This GD Entry cannot be overlooked in..Category: Criminal Law | Date: | Hits: 65
Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
....ocate further submits that on the basis of the documents both the Courts below by the concurrent finding came to the opinion that the suit land appertains to Khatian No.123 and there was no scope for any doubt as to identity as to the land in question and in such view of the matter the lower appella......rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......iable to be set aside. 11. Mr. Khandker Mahbubuddin Ahmed, learned Advocate appearing for the defendant respondent, on the other hand, submits that in view of the materials on record including the proceeding of criminal case section 145 Cr.P.C. an issue ought to have been framed as to maintainabi..Category: Property Law | Date: | Hits: 59
Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)
....contradictory and misleading statements by the condemner before the Court aggravated the contempt. The “unconditional apology” tendered by him without compliance of the Court’s order or without any satisfactory explanation as to why the order was not complied with, this cannot be accepted an......udgment January 4, 2011. Result: The Contempt Rule is made absolute. The explanation given by the contemner is inconsistent misleading The contemner took different pleas at different stages, committed gross contempt by his willful disobedience to and non-compliance with order and co...... evasive manner that the Contempt Petition was baseless, concocted, malafide and contained no ingredients of contempt of Court and submitted for discharge of the Rule. 8. In course of the contempt proceedings the contemner filed as many as five supplementary/ additional affidavits-in-opposition. ..Category: Criminal Law | Date: | Hits: 68
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
....waj registered in his name as donee in collusion with the deed writer showing the plaintiff as a donor. In fact the plaintiff did never intend to transfer her land to the defendant and never executed any such deed. The alleged deed was collusive, fraudulent and without consideration. 4. The defe......the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ......d was executed and registered by a person not of unsound mind. 10. Limitation cannot run against a minor, insane, or idiot. They are the persons under legal disability, who may institute a suit or proceeding, or make an application for execution of a decree within the same period after the disabi..Category: Property Law | Date: | Hits: 54
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....Civil Procedure Code in an execution proceedings under the Artha Rin Adalat Ain, 2003 Chapter VI of the Artha Rin Adalat Ain, 2003 specially the provisions regarding execution under of the Ain and any of the provisions of the Ain has no conflict with that of the provisions of Order XXI rule 83 of......fifty crore), while the execution case was filed for realisation of Taka 2,76,36,732.66 (Two crore seventy six lac thirty six thousand seven hundred thirty-two and paisa sixty-six) only. 3. At one stage the petitioner filed an application under Order XXI rule 83 of the Code of Civil Procedure rea...... The Code of Civil Porcedure, 1908 (V of 1908); Order XXI rule 83 The Artha Rin Adalat Ain, 2003 ( VIII of 2003); Chapter VI Scope of applicability of the Civil Procedure Code in an execution proceedings under the Artha Rin Adalat Ain, 2003 Chapter VI of the Artha Rin Adalat Ain, 2003 spe..Category: Procedural Law | Date: | Hits: 95
Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)
....8. He denied that he witnessed the arrest of the accused with the goods and now, was deposing falsely under the influence of the accused. 9. PW 5 Raju Ahmed testified that on 5‑11-97 he found many people gathered near Mallick Bari. One official asked him to sign on a seizure list but he decli......e gathered near Mallick Bari. One official asked him to sign on a seizure list but he declined. Then, his signature was taken forcibly. He however identified his signature on the seizure list. At his stage, he was declared hostile and cross-examined by the prosecution. 10. In such cross-examinati...... not wanted in any other case. Send down the records. Let a copy of this judgment be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218...Category: Criminal Law | Date: | Hits: 90
....ouncil praying for exempting them from the punishment but the Academic Council did not allow the prayer of the respective petitioner.
12. Petitioner of respective Rule claimed that no witness gave any testimony supporting any allegations against him in his presence and the inquiry report was neit......dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563.......lear that no witness was examined in presence of the respective petitioner nor any opportunity was given to any of them to cross-examine any witnesses.
17. Let us now see whether in a disciplinary proceeding by an educational institution against the delinquent student the educational institution ..
Category: Others | Date: | Hits: 116
Maliha Banu Vs. Deputy Commissioner of Taxes and others, 1997, 26 CLC (HCD)
....ন র্সাটিফিকেট দাখিল করা হয় নাই।” dismissed the appeal. As against the order of the appellate authority petitioner went on appeal, but without any success. 4. The learned Advocate for the petitioner submits that the Deputy Commissioner of T......shown in the income tax return being from a different person has rightly been left out of consideration by the income tax authorities. It is seen from the order of the revisional authority that at no stage i.e. either in the appellate stage or in the revisional stage petitioner did state that in her......n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561...Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....missions with strictness. Such strictness has been approved and followed althrough by the Courts of law whenever the integrity, impartiality and independence of judiciary is tried to be questioned by any person or any quarter, directly or indirectly. 7. Considering the facts, circumstances and g...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ......a Kumar Sinha. Shah Abu Nayeem Mominur Rahman J.- I have gone through the main judgment of my learned brother Justice Surendra Kumar Sinha. 4. The facts and the issues involved in the contempt proceeding have been discussed in detail in the main judgment. The discussion on the point of contem..Category: Criminal Law | Date: | Hits: 163
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....7. It is the contention of the petitioner herein that learned Subordinate Judge acted illegally in allowing the plaintiff to produce documents much long after the filing of the suit in the absence of any case of exceptional circumstance’ for not filing the said document at the time of institution ......, lease deed and irrevocable general power of attorney. 3. That petitioner herein having been served with the summons entered appearance and prayed for time to file written statement. 4. At one stage of the suit, but before filing of written statement, the plaintiff filed an application for at......en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ..Category: Civil Law | Date: | Hits: 90
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
....al and without jurisdiction and, as such, the impugned order of conviction and sentence is liable to be set aside. The learned Advocate further submits that in view of the fact that in the absence of any reliable evidence on record to prove that the accused appellant Eman Ali, in violation of the tr...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335.......n was either sought for or obtained for prosecution of the accused before taking cognizance of the case by the learned Special Judge and before trying them. In the absence of such sanction, the whole proceeding before the learned Special Judge appears to be illegal and without jurisdiction. In view ..Category: Criminal Law | Date: | Hits: 43
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....ority and is of no legal effect and why the respondents should not be directed to release the goods in favour of the petitioner for In-Bond Ware Housing. 2. The petitioner is a private limited Company incorporated under the Companies Act and is engaged in the business of making of Ready-made Garm...... LCs were opened by Agrani Bank, Tejgaon Industrial Area Branch for the said consignee but no such LCs were however produced for clearance of the consignments. It is further contended that at a later stage when the Customs Intelligence reported malpractice, an enquiry was made by the Deputy Commissi......submits that an earnest endeavour must be made by the court and every possible explanation for the validity of the act performed should be explored and if it is found that the act done, order made or proceeding undertaken is without lawful authority the court should declare them to be of no legal ef..Category: Fiscal/Taxation Law | Date: | Hits: 83
.... Memo No. prosi/Bibha Zio 97, Mamla 214 (Head Office) 724-726 dated 19-11-97 issued by the respondent No.3 (Annexure-H) to the supplementary affidavit should not he declared to have been made without any lawful authority and are of no legal effect or such other or further order or orders passed as t......es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 299.
......urther order or orders passed as to this court may seem fit proper stating, inter alia, that the petitioners being employed under respondent No.1 was served with charge sheet for misconduct vide BJMC proceedings BI:ma-214 (HO)/139 dated 4-3-97(Annexure-A) on the allegation of neglect of duty for sel..
Category: Employment/Service Law | Date: | Hits: 87
.... section 43 of the Companies Act, 1994, in brief, are as follows:
4. The Chittagong Chamber of Commerce and Industry, hereinafter referred to as ‘Chamber of Commerce’ was incorporated as a company under section 26 of the erstwhile Companies Act, 1913 on being granted licence by the Ministry o......he Companies Act be returned to the petitioner.
The petitioner may refer the matter to the said Arbitration Tribunal, if so advised.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 538.......s to do so, the Government has the power, to rescind, amend, etc. By section 8A, if a trade organisation fails to hold elections in time, the Director may condone the delay. By section 9 all acts and proceedings of a trade organisation are subject to the control of the Director, who has also the pow..
Category: Company Law | Date: | Hits: 198
Jalal Uddin Ahmed (Md.) and others Vs. Delwar Hossain and others, 1999, 28 CLC (HCD)
....ection 96 of the State Acquisition and Tenancy Act abated for non-substituting of the heirs of those opposite parties 20 and 21 who were non-contesting. Admittedly those opposite parties did not file any written objection for contesting in the pre-emption cases. At the appellate stage, this objectio......f the heirs of those opposite parties 20 and 21 who were non-contesting. Admittedly those opposite parties did not file any written objection for contesting in the pre-emption cases. At the appellate stage, this objection was taken by the pre-emptees to abatement of the pre-emption cases and it was ......re between the same parties and on the same point of law, they are taken up together for hearing and are disposed of by this one judgment. 2. The petitioners in both the Rules are pre-emptees. The proceeding of pre-emption is under section 96 of the State Acquisition and Tenancy Act. The opposite..Category: Property Law | Date: | Hits: 58
Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)
....tant Judge, 3rd Court, Dhaka and another in the Court of Subordinate Judge, 3d Court, Dhaka who passed the impugned order. Order 21 rule 29 provides as follows: “29.—Where a suit is pending in any Court against the holder of a decree of such Court, on the part of the person against whom the d......rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550.......This Rule under section 115 of the Code of Civil Procedure is directed against an order passed by Subordinate Judge, 3rd, Court, Dhaka on 30-11-97 in Partition Suit No.176 of 1995 staying all further proceeding of Execution Case No. 16 of 1995 pending in the Court of the Assistant Judge, 3rd Court, ..Category: Property Law | Date: | Hits: 57
Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)
....ioner cannot avoid the compulsion of law on the plea of secrecy of bank account. 4. Admittedly, petitioner is a member of the Dhaka Stock Exchange Ltd. and was Chairman for 3 terms of the said Company lastly from 1993-1995. He is also a dealer of shares of Dhaka Stock Exchange Ltd. Respondent No.......he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534....... of the customer. 10. Section 6 of the Bankers Books’ Evidence Act 1891 provides that Court may order inspection of bank’s books and taking of copies of any entry therein by a party to a legal proceeding. The aforesaid provision is an exception to the maintaining of secrecy of banks documents..Category: Banking Law | Date: | Hits: 196
Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)
....petitioner appeared in the suit and filed an application on 4-7-97 under section 151 of the Code of Civil Procedure praying for rejection of the plaint on the ground that the plaint does not disclose any cause of action. Thereafter, the petitioner filed another application on 20-8-97 before the lear......referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527....... calling for prosecution of the petitioner and gave him sufficient opportunity to defend himself, he filed the present suit with mala fide intention for obstructing a lawful departmental disciplinary proceeding and, as such, the learned Assistant Judge erred in law in nor rejecting the plaint and th..Category: Procedural Law | Date: | Hits: 83
44664464446244524448444744424438443744364435443444324428442544224421442044164414