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Bulu and others Vs. State, 1992, 21 CLC (HCD)

....evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......ed with the weapons in their hands. At that time witnesses Sohel and Abul Khair came to the place of occurrence on a motor cycle. P.W. Backkar saw the whole occurrence from a nearby shop. The accused persons fled away while they were chased by the witnesses and at the time of going they took the gol..

Category: Criminal Law | Date: | Hits: 83

Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)

.... abdomen. In his opinion death was due to internal haemorrhage and shock resulting from the said injuries which were ante mortem and homicidal in nature. Upon receipt of the said post‑mortem report Inquiry Officer P.W.4 AHM Shahidullah on 27.8.86 lodged a suo motu FIR against the accused appellant......cie case having been found against the appellant only charge‑sheet under sections 302/201 of the Bangladesh Penal Code was filed against the appellant and final report against the remaining accused persons who were ultimately discharged. 3. At the trial the appellant was charged under sections ..

Category: Criminal Law | Date: | Hits: 78

Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)

....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......nnexure 'D') passed the Administrator of Waqfs, excluding Tobarak Sikder from the mutwalliship of Al‑Haj Mohammad Yousuf Sardar (Gausia Market) Waqf Estate and approving a Special Committee of five persons for the management of the said Waqf for a period of two years. An order was also passed stay..

Category: Trust/Waqf Law | Date: | Hits: 157

Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)

....assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323.......eyed, the Court may, in lieu of or in addition to all or any of the processes aforesaid, direct that the act required to be done may be done so far as practicable by the decree‑holder or some other person appointed by the Court, at the cost of the judgment debtor, and upon the act being done the e..

Category: Procedural Law | Date: | Hits: 95

Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)

....tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......li (since acquitted) for murdering her husband Amjad Ali as Jamshed had got enmity with her husband. P.W.17 Azizur Rahman, Sub‑Inspector of Police, took up the investigation of the case. He engaged persons and from the information obtained from such source he arrested accused appellants Bashir and..

Category: Criminal Law | Date: | Hits: 62

Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)

....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......nt allowance, conveyance allowance and leave which shall be payable or admissible to any worker employed in any State‑owned manufacturing industry, and no such worker shall receive or enjoy, and no person shall allow to such worker any wage, bonus, leave, medical allowance, house rent allowance an..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)

....erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35.......……..Petitioner Vs. Chairman, Bangladesh Bar Council and others ..... Respondents Judgment April 30, 1991. Lawyers Involved: Majiruddin Ahmed, Advocate ‑ For the petitioner in person. AY Mashihuzzaman, Advocate ‑ For the respondent No.1. Writ Petition No. 461 of 1991...

Category: Employment/Service Law | Date: | Hits: 94

Abdul Jalil Vs. Chairman, Rural Electri­fication Development Board and others, 1992, 21 CLC (HCD)

.... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ......ing the impugned decision which is void. 3. The respondents filed an affidavit‑in‑opposition controverting the material allegations made in the petition and contending that petitioner is not a person aggrieved and he is not bona fide businessman and did not try to participate in the works of ..

Category: Constitutional Law | Date: | Hits: 187

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. ......in the Examination Hall and that the allegations brought against him are false. The petitioner also contended that at the time of examination or before publication of the result no invigilator or the persons responsible for administration for holding the examination lodged any complaint against the ..

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. ......id the said cost. Besides, even if the petitioner knew about the cost, then also non‑compliance with the order of a Court for payment of cost a separate proceeding can be drawn against a defaulting person but such non‑payment cannot be a ground to dismiss a suit. 8. Having considered the fact..

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. ......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. ..

Category: Property Law | Date: | Hits: 72

Nasir Miah, Malik Nasir Soap Factory Vs. Md. Anwar Hossain Executive Officer, Commander Soap Factory Ltd., 1994, 23 CLC (HCD)

....herefore, find no merit in the contentions of the learned Advocate for the appellant. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (1996) 28. ......s no distinction in the design of the soap printed in the packet of plaintiffs soap and that of the defendant’s soap. Distinctions mentioned above can only be detected by a literate and intelligent person. It would be difficult for an illiterate and ordinary buyer of this country to make any disti..

Category: Intellectual Property Law | Date: | Hits: 224

Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)

....dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ......ll be entitled to sub‑let the rented premises without any objection from the plaintiff and Clause 5 provides that defendant will be entitled to transfer his possession of the rented premises to any person with permission of the plaintiff who will admit such transferee as a monthly tenant without a..

Category: Tenancy Law | Date: | Hits: 167

Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)

.... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......in the service of the Republic as enshrined in Article 29 of the Constitution have been violated. 6. As such, the petitioner being seriously aggrieved by the aforesaid promotion of the above three persons approached this Court for enforcing his fundamental rights as enshrined in Article 29 of the..

Category: Employment/Service Law | Date: | Hits: 173

Debishahar Agricultural & Fish Farming Co-operative Society Ltd. Vs. Narayan Chandra Swarnakar & others, 1982, 11 CLC (AD)

....nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 98. ......a Co-Operative Society and filed a title suit being T.S. No.441 of 1966 for permanent injunction to restrain the Government from interfering with their excess land and allotting the same to any other person. Their main contention was that on co-operative basis they have undertaken to do large scale ..

Category: Procedural Law | Date: | Hits: 68

Bangladesh Vs. M/s. Mashrique Tex­tiles 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. ......upheld by the High Court Division under the provisions of clause 21 of the Contract and section 20 of the Arbitration Act. Section 20 of the Arbitration Act runs as follows: “20.- (1) Where any persons have entered into an arbitration agreement before the institution of any suit with respect t..

Category: Alternative Dispute Resolution | Date: | Hits: 147

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. ......nterest by purchase. This interpretation is palpably wrong and against both the letter and spirit of clause (a) of sub-section (10) as quoted above. “Co-sharer” as referred to in this clause is a person to whom the disputed transfer has been made. Certainly, in this case, disputed transfer under..

Category: Property Law | Date: | Hits: 72

Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)

....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......Bangladesh was empo­wered to exercise jurisdiction relating to mat­ters as referred to therein. Its precise terms were as follows:- “102. (1) The High Court Divisions on the application of any person aggrieved, may give such directions or orders to any person or authority, including any perso..

Category: Constitutional Law | Date: | Hits: 181

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. ......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. ..

Category: Fiscal/Taxation Law | Date: | Hits: 77

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. ......ords does not convey the object or the intention of the legislature, a more extended meaning may be given to them. If in a legislation, the general object of which is to benefit a particular class of person, any provision is ambiguous so that it is capable of two meaning one of which is to preserve ..

Category: Tenancy Law | Date: | Hits: 210