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State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)

....f like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ...... hotel. Thereafter on 30‑3‑1990 at about 10‑00 AM Mr. Kashem and one Bangladeshi national came and met Mr. Innocent. They had talk for about 30 minutes. Thereafter Mr. Innocent came outside 2/3 times and again went inside. Thereafter 3 of them went outside boarding a baby‑taxi and 2 Inspecto...... preliminary interrogation the accused was taken to their custody and the accused who is a foreigner is required to be interrogated by remanding him to their custody for 7 days in connection with the recovery of heroin in order to unearth the chain of International Traffickers/Smugglers of Heroin. U...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ..

Category: Criminal Law | Date: | Hits: 164

Abdul Gafur Sarder and another Vs. State and ano­ther, 1982, 11 CLC (AD)

....il. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ......-80 at about 2/3 am and while they were taking away two bi-cycles from the ground floor of the house, brother of the complainant, his bhabi and nephew caught hold of one of the miscreants and at that time another miscreant fired gun shot, as a result thereof the complainant's brother, his Bhabi and ......ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ......ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ..

Category: Criminal Law | Date: | Hits: 97

Bakshu Mia Vs. Govt.of Bangla­desh and others, 1977, 6 CLC (AD)

....ich calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......, if the public prosecutor certifies that the pardoned accused has not made full discharge of facts or given false evidence as a witness. 8. Section 248 of the Code says that if a complaint at any time before a final order is passed, in any case, satisfies the Magistrate that there are sufficient......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ..

Category: Criminal Law | Date: | Hits: 99

Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Cor­poration Ltd., 1982, 11 CLC (AD)

....ion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ...... only document that was executed was the document of hypothecation and pledge. The expression 'for the above mentioned purpose' can only mean mortgage. The respondent has given mortgage for the first time to the Bank of Credit and Commerce though the respondent has taken previously a cash credit fac...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..

Category: Fiscal/Taxation Law | Date: | Hits: 269

Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)

....... Petitioner Vs. Rupali Bank Ltd. and others .................... Respondents Judgment February 15, 2011. Result: The Rule is discharged. Lawyers Involved: A.K.M. Faiz, Advocate - for the petitioner. Md. Imam Hasan, Advocate - for the respondents. Writ Petition No. 36......ed the said application. Being aggrieved by the said order, the petitioner moved in this Court under its special original jurisdiction, obtained the Rule and an order of stay, which was extended from time to time. Lastly the order of stay was extended on 27.1.2010 for a period of further six months,...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 129

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

....ustice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ......mmercial concern M/s. Md. Masood Reza & Co., in deference to the above Notification and do the needful at your earliest and oblige. Thanking you and assuring you of our best cooperation at all times, we are, Yours faithfully, For Md. Masood Reza & Co. Sd/- Md. Masood Reza Manag......any learned brother Mr. Justice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ......any learned brother Mr. Justice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ..

Category: Others | Date: | Hits: 154

Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)

....and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......property." "107. A lease of immovable property from year to year, or for any term ex­ceeding one year, or reserving a yearly rent, can be made only by a registered instrument." "110. Where the time limited by a lease of immovable property is expressed as commencing from a particular day, in c......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..

Category: Property Law | Date: | Hits: 103

AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)

....d this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ...... all suits cogni­zable by it and in all proceedings arising out of such suits: Provided that an applicant for an order to set aside decree passed ex parte or for a review of judgment shall at the time of presenting of the applica­tion, either deposit in the court the amount due from him under t......n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ......n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ..

Category: Procedural Law | Date: | Hits: 109

Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)

....ny substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ......nd competent members of the Waqf family for appointment as a Mutwalli out of them. 6. It appears from the record that Hazrat Malek Shah Pir Yameni (R) Mazar Waqf Estate was enrolled for the first time with the Administrator of Waqf by order dated 29.11.1947 as EC No.11276; though there is no Waq...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ..

Category: Trust/Waqf Law | Date: | Hits: 148

Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)

.... DLR (HCD) (1998) 286. ......eir lawyer determining the relationship of landlord and tenant and demanding vacant possession of the suit premises on the expiry of the Month of September, 1982. The defendant received the notice in time but did not vacate the premises hence the suit. 5. The defendant opposite party contested t......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ..

Category: Procedural Law | Date: | Hits: 74

Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)

....he learned Subordinate Judge is directed to dispose of the matter in the light of the ob­servations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......s the parties had been possessing their respective shares amicably necessity of final decree did not arise and as such application for draw­ing up of final decree became necessary because in the meantime the landlords interests were acquired by the Government and the revisional settlement operation......tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the ob­servations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the ob­servations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320...

Category: Property Law | Date: | Hits: 78

Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)

....l are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......ment was not wholly void, but void against the person in whose favour the attachment is made and it was sub­ject to the decision of the suit in which the order of attachment was passed. 7. At the time of granting leave Mr. B.N. Chowdhury, the learned Counsel, appearing for the defendants-appella......Munsif Tangail in Title Suit No. 37 of 1972. The facts necessary for the disposal of the appeal may be stated as under: 2. The plaintiff-respondent filed a suit for declaration of his title and recovery of khas possession on eviction of the defendants-app­ellants in the alternative for partit......t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316...

Category: Property Law | Date: | Hits: 79

M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)

....ind any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......espondent No.1 Sudhangshu Sekhar Halder was adopted as a son by Tarani Prashad Dey is concluded by finding of fact. It has been field that the adop­tion as claimed by respondent No.1 took place some time before the actual execution of the document of adoption. So far as the factum of adoption is co......f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312...

Category: Company Law | Date: | Hits: 164

Nuvista Pharma Limited Vs. National Board of Reve­nue and others, 2010, 39 CLC (HCD)

....rt High Court Division (Special original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Nuvista Pharma Limited................................Petitioner Vs. National Board of Reve­nue and others...........Respondents Judgment October 27, 2010. Res......ed and fifteen and two paisa only) issued in favour of the Respon­dent No.1 as security for CRAD Audit Objections raised against the petitioner (Annexure-F1). 2. It is to be mentioned that at the time of issuance of the Rule operation of Annexure Nos. B1, C1, C2, C3, C4 and E1 in the Writ petiti......nd section 55 of the VAT Act 1991. 10. Lastly, he argued that without prejudice to the first argument that no liability for VAT has aris­en at all, the only relevant process for ascertainment and recovery of VAT under declared or under paid is under section 55 of the VAT Act. Therefore, he sub­......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at lib­erty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ..

Category: Fiscal/Taxation Law | Date: | Hits: 181

Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)

....d to- 57 DLR 741; 28 DLR 473; 12 MLR 401; 7 BLC (AD) 119; 49 DLR (AD) 177; 49 DLR (AD) 161; 32 DLR (AD) 68; 2 BLC (HC) 341; 40 DLR (AD) 45; WP 346 of 1995; WP No.959 of 1977; Chittagong City Corporation 57 DLR 741; Kumudini Hospital Vs. Kumudini Hospital Karmachari Union, 43 DLR 655; Chairman, DI......ourt but not in an appropriate manner and the said case reported in 12 MLR 401 the High Court Division observed: "The contention as to the jurisdiction of the Labour Court was raised for the first time at the time of argument before us. It is true that the question of law can be raised at any sta......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ..

Category: Labour and Industrial Law | Date: | Hits: 201

Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)

....dul Awal and others........Opposite Parties Judgment December 3, 2009. Result: The Rule is discharged. Case Referred to- 20 DLR 367. Lawyers Involved: Abu Bakar Siddique, Advocate - For the Petitioner. Anisul Haque, Advocate with Ramzan Ali Shikder and Abu Khaled-al-Mamun,......ting the judgments and orders passed by the Courts below, submits that both the Courts below assessing the evidence on record rightly found that the opposite party No. 1 (first party) at the relevant time was in possession of the case land. He further submits that at the relevant time Civil Court wa......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ..

Category: Criminal Law | Date: | Hits: 122

Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)

....dure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......e in violation of Article 35 of the Constitution which provides that no person can be subjected to a penalty greater than or different from that which might be inflicted under the law in force at the time of the commission of the alleged offence. So it was urged that the proceedings in so far as it ......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112...

Category: Criminal Law | Date: | Hits: 76

Sona Miah and others Vs. Abed Ali and others, 2012, 41 CLC (AD)

....tition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377....... the appellate court below. 4. Being aggrieved by the judgment and order of the High Court Division defen­dant-petitioners have filed this present civil petition for leave to appeal. 5. At the time of hearing of this civil peti­tion Dr. Rafiqur Rahman, the learned Senior Advocate for the pet...... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377....... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377...

Category: Property Law | Date: | Hits: 84

Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)

....th Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......dra Kumar Chowdhury and others. That since the plaintiff had his own land in plot Nos.37, 39 and 41 to the contiguous north of this suit land of plot No.102 the plain­tiff, since his predecessors’ time, had been possessing the suit land for more than 90 years. That though the plaintiff thus acqui......Court in accor­dance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......Court in accor­dance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372...

Category: Property Law | Date: | Hits: 68

Bangladesh Sugar and Food Industries Corporation and others Vs. Md. Shamsuddin Sheikh, 2011, 40 CLC (AD)

....d 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 368....... was further mentioned that clause-9(iii) of the appointment letter of the petitioner bearing No.PF.02.11/16/96 dated 31.03.1978 clearly stated that the service of the petitioner is terminable at any time by giving 90 days' notice or by payment of 90 days' salary without assign­ing any reason and t...... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 368....... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 368...

Category: Employment/Service Law | Date: | Hits: 180