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Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
....is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378....... SC (AJ & K) 102 relied on by the learned Advocate of the appellants is not binding on us and has no relevancy in the facts and circumstances of the instant case. Rather we are fortified in our view by the decision in the case of State Vs. Badiuzzaman reported in 25 DLR Dhaka 41 wherein it h..Category: Criminal Law | Date: | Hits: 147
Mahabubur Rahman and others Vs. State, 1990, 19 CLC (HCD)
....cated to the Court of the concerned Special Tribunal, Dhaka which is trying the present Special Tribunal Case No.169 of 1989 (Dhaka). Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 375. ......ection (5), it is clear that section 167(5) Cr. P.C. applies only to cases in which the Magistrate can take initial cognizance under section 190(1) of the Code of Criminal Procedure and therefore, in view of the specific and clear provision of section 27(1) of the Special Powers Act providing that n..Category: Procedural Law | Date: | Hits: 117
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
...., we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483.......of the creditors appeared before the DCT and in their deposition they supported the story of gift, the initial onus of proving the loan has been fully discharged by the assessee-applicant and in that view of the matter there was no scope to disbelieve the story of the gift by the DCT so far as it re..Category: Fiscal/Taxation Law | Date: | Hits: 200
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......e plaintiff, to be relied upon at the time of hearing of the suit, need not be mentioned in the pleading and not a requirement under law, under Order 6 rule 2 of the Code of Civil Procedure. 7. In view of the aforesaid reasons and discussions, I find that the trial Court has acted in jurisdiction..Category: Property Law | Date: | Hits: 126
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......ay of further proceedings of the execution Case. Mr. AK Badrul Huq, the learned Advocate, on the other hand, submits referring to rule 4 and rule 33 of Order 41 of the Code of Civil Procedure that in view of the above rules and rule 5 the defendant‑petitioner who has been made respondent in the sa..Category: Limitation Law | Date: | Hits: 211
Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
....ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ......abatement has been made an offence in the said Act (under section 5 of the Act), but attempt to realise any money in the form of donation or otherwise has not been included in the definition. In that view of the matter Mr. Khandaker Mahbub Hossian, the learned Advocate for the petitioner, submits th..Category: Criminal Law | Date: | Hits: 133
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
....er assessment of evidence and materials on record rightly decreed the suit taking a correct view of law and facts. 9. The first submission of Mr. Akram Hossain Amin is absolutely misconceived and erroneous. There is no provision or restriction in the Succession Act that legatee cannot apply for ......n Talukder. Jitendra Nath Talukder is the first cousin of Jogendra Nath Talukdar. Said Girindra Bhusan died childless and hence all the properties of Girindra devolved upon Jitendra Nath Talukder. In view of the aforesaid facts and circumstances the suit is liable to be dismissed. 5. In the ligh..Category: Property Law | Date: | Hits: 183
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ......p of his brother Habibullah. The learned trial Court observed that being confused he stated that he did not see the occurrence. If the witness was really confused at the time he deposed, then, in our view, it would be risky to rely on his evidence in a case of serious nature like this. 12. P.W.4 ..Category: Procedural Law | Date: | Hits: 155
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
.... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ......t with respect to an accused if there is no sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to the Magistrate for facing trial. Mr. Huq contends that in view of the statement made by the five Bank officials and the medical report produced by the OP No.4..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ...... opinion has been given- in subsequent decision reported in the case of Altaf Hussain Vs. Abdul Kashem in 45 DLR (AD) 53 wherein their Lordships also considered 43 DLR case and, in fact, endorsed the views expressed therein. 12. It thus appears that in the absence of any report from the Presiding..Category: Election Law | Date: | Hits: 248
Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400....... The said application was heard of 12-5-1997. The learned Additional District Judge rejected the said application by the order dated 12-5-1997. In rejecting the application the learned Judge took the view that in the event of allowing the amendment at the appellate stage the proceeding would start a..Category: Civil Law | Date: | Hits: 200
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ......on the date of hearing and disposal of a case renders the proceeding void and any decision, judgment or order passed by 2(two) members even if one of them is the Chairman is a nullity. 13. In this view of the matter the impugned judgment and order having not been passed by a properly constituted ..Category: Labour and Industrial Law | Date: | Hits: 197
Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340.......preting the words "suit for recovery of money due on contracts, receipts or other documents" occurring in section B of Part I of the schedules of the Conciliation Court Ordinance held: "in our view the context in which the word contracts has been used in the said provision clearly indicates t..Category: Labour and Industrial Law | Date: | Hits: 193
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
....f gift, that they are also in possession of plot No.545 measuring .36 acre and plot No.632 measuring .38 acre of said Khatian No.48 which have been acquired by the government and that the trial Court erroneously held that Faloo did not transfer the suit land in favour of his two sons. Thus he argued......Judge. He however pointed out that it is apparent on the face of the record that the correction of plot No.953 of Khatian No.48 by substituting plot No.935 is not correct and is a clerical error in view of the Khatian Ext.1 and that the said plot should continue to be read as plot No.953 of Khatia..Category: Property Law | Date: | Hits: 135
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....ack to the learned Subordinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ...... For enforcing these rights of the plaintiff no forum has been provided in the Industrial Relations Ordinance. Therefore, the Civil Court has got jurisdiction to entertain the suit in question in view of the second dictum of Wolverhampton New Water Works Company Vs. Hawkesford. I find that the j..Category: Labour and Industrial Law | Date: | Hits: 179
....e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470.......se they possess the suit land on the basis of some documents, which are not valid, as correctly found by the Courts below. But they cannot be evicted from their homestead situated on the suit land in view of the provision of section 6 of Act 10 of 1984 as referred above. And if the property in the s..
Category: Property Law | Date: | Hits: 130
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
....is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460.......hereby conferred upon him shall be subject to appeal to the High Court Division in accordance with the provisions of the Code of Civil Procedure. From the careful reading of the statute we are of the view that every order including interlocutory order passed by the District Judge is subject to appea..Category: Property Law | Date: | Hits: 106
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
....entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457.......al after treatment of several days. There is no evidence to show that any of the victims suffered severe bodily pain for a period of 20 days or was unable to follow his ordinary pursuits. 7. In view of such evidence only the opinion of the doctor is not sufficient to hold that an injury is gri..Category: Criminal Law | Date: | Hits: 109
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454....... to ensure her presence in court according to the direction of the appellate Court. But the trial Court rejected the application. On the same date, another application was filed by the plaintiff to review that order and prayed to issue warrant of arrest for the aforesaid purpose but the application ..Category: Procedural Law | Date: | Hits: 137
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451.......he paternal grand-mother and her grandsons who used to live in the same house and homestead after death of the original owner, Rahimuddin Mondal. 12. The moot question in this litigation, in my view, is whether the gifts were made voluntarily by the donor and the consideration has passed from ..Category: Property Law | Date: | Hits: 103
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