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Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ......erty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ......rt No. 1 and affirmed by the CMLA, submits that the impugned judgment and order of conviction and sentence are liable to be struck down as without jurisdiction on the ground that this is a case of no evidence and also that the trial should be taken to have been vitiated as it was held without taking..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......ed to- Md. Yaqoob Khan vs. Sahib Khatoon and others, (1998) 20 CLC 1576; Mukhtar Baig vs. Sardar Baig 2000 SCMR 45; Jamila Khatum vs. Md. Lutfar Rahman alias Nefasur and others 3 BLC 306; Jamaluddin vs. Rabeya Begum, 32 DLR 63; Nesmohammad and others vs. Mosammat Jamila Khatun and others, 6 BLT ......ndant No. 2 was a partnership firm. Defendant Nos. 3 and 4 were partners of defendant No. 2, firm. The agreement was filed in other Suit No. 151 of 1992. He also tendered a copy of the agreement into evidence. He identified the signatures of his managing director on the agreement. After comparison w..Category: Property Law | Date: | Hits: 71
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......ate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51....... Mukhlesur Rahman submitted a written statement in the suit of his brother Shamsul Haque but supported his case. 26. Both the suits were tried together, and disposed of by one judgment. One set of evidence was recorded in the subsequent suit with, reference to the parties therein. 27. On the a..Category: Property Law | Date: | Hits: 139
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
....ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46.......ust fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46....... nature came to an end. Hence there was no warrant in law to treat their employment as permanent and the labour cases were therefore liable to be dismissed. 5. The Labour Court having recorded the evidence adduced by both the parties and hearing the arguments advanced by the learned lawyers of th..Category: Employment/Service Law | Date: | Hits: 85
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
....W 2 Chowkidar Bishanath and PW 4 Shafiqul Islam that Mukul injured the deceased but neither PW 2 nor PW 4 makes any such statement in the Court. Therefore, the statement of PW 11 is fully hearsay and inadmissible in evidence. It is further submitted that Sub-Inspector Abdul Bari, a vital witness of ......ate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ...... examine any defence witness. The condemned prisoner, however, submitted a written statement during his examination under section 342 Cr.P.C. 8. The learned Sessions Judge, on consideration of the evidence on record and hearing the learned Advocates of both the sides, found the accused Mukul @ Sw..Category: Criminal Law | Date: | Hits: 49
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ......rds at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ......ution witnesses the accused persons on dock were examined under section 342 of the Code of Criminal Procedure when they made no statement except the plea of innocence as before and declined to adduce evidence. Then the learned Additional Sessions Judge on consideration of the evidence on record by t..Category: Criminal Law | Date: | Hits: 41
Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)
....plicant for our opinion: (i) Whether the amount paid by the assessee as bonus to its employees for the assessment year 1978-79 was rightly treated by the DCT and therefore rightly disallowed being inadmissible under the provisions of section 10 (2)(X) of the Income Tax Act, 1922. 4. Mr. MA Rah......ative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504........ Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504...Category: Fiscal/Taxation Law | Date: | Hits: 104
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......ocates — For the Appellant. Bivash Chandra Biswas, Assistant Attorney-General— For the Appellant. Second Appeal No. 491 of 1975. Judgment Abu Sayeed Ahammed J .- This appeal is at the instance of the appellant Annada Prasad Das and it calls in question the propriety of the judgment a......and continues to be so residence.” 15. It is not denied that the appellant was born in Bangladesh and his parents were also citizens of this country. Both the Courts below without discussing the evidence of the plaintiff, refused the declaration as prayed by him in the instant suit, that he is ..Category: Immigration and Citizenship Law | Date: | Hits: 190
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
.... was mentioned anywhere in the deed. Exhibit 1 and this claim is entirely vested upon oral evidence of the vendor. Oral or extraneous evidence to contradict the terms of the contents of a document is inadmissible under section 92 of the Evidence Act.” Section 91 of the Evidence Act is also ver......ve, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......ndorsement alleged to have been made by the transferees. Panchanan himself and Surja Kanta on behalf of his son, Santosh and giving back the suit land to the vendors of the plaintiffs, as there is no evidence that said Santosh was a minor and his father in any manner had authority to make endorsemen..Category: Property Law | Date: | Hits: 85
....ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
......rder as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
...... in case of dealing with civil disputes by the Deputy Commissioner in the Chittagong Hill Tracts. No power has been invested to the Deputy Commissioner to decide civil rights of the parties on taking evidence. A person or persons to constitute a ‘Court’ who must be entrusted with judicial functi..
Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481....... and others, 41 ILR (Madras series) 265; Mozammel Hoq Vs. State and another, 1983 BLD 168. Lawyers Involved: Abdul Wadud Bhuiyan with Nikhles Dutta Advocates—For the Appellant. Kh Mahbubuddin Ahmed with Mirza Hossain Haider Advocates—For Respondent Nos. 1(ka), 1(kha), 1(ga), 1(Uma). ...... Naderuzzaman, husband of plaintiff No.2, was karbari for her in the matter of Exhibit 1(a). Naderuzzaman Mia is Chairman, Union Council. He is ill for the last 516 months. 27. This portion of the evidence brought by the plaintiff appellant’s witness as P.W.1 was not, in fact, challenged and co..Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ......t Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ....... Result: The appeal is dismissed. Evidence of police personnel It is a matter of common knowledge that now-a-days impartial and independent witnesses do not dare to come forward to give evidence against offenders, specifically against the Armed Cadres, for the fear of inviting enmity w..Category: Criminal Law | Date: | Hits: 58
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
.... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......rove the charge against the accused persons and the accused persons present in the Court were also examined under section 342 of the Code of Criminal Procedure who again pleaded not guilty and led no evidence. 5. In consideration of the evidence on record, the learned Additional Sessions Judge fo..Category: Criminal Law | Date: | Hits: 35
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452....... another………..Opposite Parties. Judgment July 17, 2001. Cases Referred to- Haider Ali Vs. the State, 47 DLR (AD) 47, Moulavi Abdul Mannan Vs. Md. Rafiqul Islam, 46 DLR 493, Jhanda Singh and another Vs. Harman Singh and others, AIR 1926 Lahore 415, Sheikh Karimullah Vs. Gudar Koeri......h cancellation committed no error calling for any interference. He also submits that the finding of the appellate Court that the plaintiffs have no possession in the suit land on consideration of the evidence on record and such finding being a finding on fact must be held to have been concluded by t..Category: Property Law | Date: | Hits: 75
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......und not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......have been falsely implicated in this case. 6. The prosecution in this case in all examined 16 witnesses and the defence examined none. The learned Additional Sessions Judge in consideration of the evidence on record, facts and circumstances of the case convicted the condemned prisoner Shamim @ Sh..Category: Criminal Law | Date: | Hits: 50
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
.... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ......observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ......ee will not come back to Bangladesh again and if travels abroad he will be lost forever and would go forever outside the jurisdiction of the Taxing Authority, but in the instant case there is no such evidence to show that the petitioner would never come back to Bangladesh when he has been doing a pr..Category: Fiscal/Taxation Law | Date: | Hits: 98
....ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
......arged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
......e with the findings of a tribunal of fact under its extraordinary jurisdiction under Article 102 only if it could be shown that the tribunal had acted without jurisdiction or made any finding upon no evidence or without considering any material evidence facts causing prejudice to the complaining par..
Category: Property Law | Date: | Hits: 103
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
....itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......action of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......18-7-99 to the same effect. The learned Advocate for the petitioners submits that when the matter was amicably settled at the intervention of the local personalities between both the parties which is evidence from Annexure-1 series, and taking his own bail thereafter will in the counter case filed b..Category: Criminal Law | Date: | Hits: 43
....ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484.......dingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484.......r on the facts and in the circumstances of the case the computation of income of the applicant by the Deputy Commissioner of Taxes relying purely on surmise and conjectures and not on any material or evidence was sustainable in law and whether the learned Taxes Appellate Tribunal was legally justifi..
Category: Fiscal/Taxation Law | Date: | Hits: 101
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......the hospital, her sister was alive in their house for 5 days. During those five days, her mother‑in‑law (Maoi) did not visit their house but her brother‑in‑law went. 25. After close of the evidence, both the accuseds were examined under section 342 of the Code of Criminal Procedure and th..Category: Criminal Law | Date: | Hits: 49
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