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Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)
.... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480....... fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480....... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480...Category: Property Law | Date: | Hits: 34
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
....e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ......Ed. This Case is also Reported in: 59 DLR (2007) 476. ......he plaintiff-opposite party was expired on 14-8-1998; that he has no right in the suit land, that the learned Additional District Judge, without considering the facts of the case and misreading the evidence on record passed the impugned judgment and decree and that the impugned judgment and decree..Category: Property Law | Date: | Hits: 28
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....�1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......t to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......question of defect of party, limitation and pre-emptees claim of some other price other than the price shown in the Kabala under pre‑emption. The learned Subordinate Judge, however, considering the evidence on record reduced the development cost from Taka 5388 to 4000. He further, held that the pr..Category: Property Law | Date: | Hits: 37
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463.......ent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463.......ng for the petitioner, submitted that the applicant maintained regularly books of accounts in the mercantile system and filed audited profit and loss account, balance sheet, bank statements and other evidence in support of the return but the Taxes Appellate Tribunal most illegally upheld more of the..Category: Fiscal/Taxation Law | Date: | Hits: 99
Md. Ali Vs. State, 2007, 36 CLC (HCD)
....e thereunder. Said convict accused Lokman Hossair be treated to be at liberty if not connected with any other case. Records be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 441.......ir be treated to be at liberty if not connected with any other case. Records be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 441.......(Exhibit 3). PWs 1-3 proved their signatures on Exhibits 1, 2 and 3. Subsequently accused remained absent and, as such, no statement under section 342 of the Code could be recorded by the Court. Upon evidence of PWs 1, 2 and 3 and upon consideration of Exhibits 1,2,3, trial Court found both accused ..Category: Criminal Law | Date: | Hits: 30
Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....ellants be set at liberty at once if not wanted in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433....... in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433.......cause harassment to the accused persons, lodged the instant case on the false allegation. 8. The learned Judge of Senior Special Tribunal No. 2 Sylhet Mr. Hossain Shahid Ahmed upon examining the evidence and the other materials on record passed his judgment on 10-5-2005 convicting the appella..Category: Criminal Law | Date: | Hits: 30
Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)
....charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ......ase is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ......uld not be disturbed unless it is manifestly perverse. When the Appellate Court as the final Court of finding of facts affirms or reverse the judgment of the trial Court on a proper assessment of the evidence on record and the findings do not suffer from any error of law and the case is concluded by..Category: Property Law | Date: | Hits: 40
Monir Hossain alias Monir Vs. State, 2007, 36 CLC (HCD)
....Barguna in Nari-o-Shishu Nirjatan Daman Case No. 31 of 2000 is hereby affirmed. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 416. ......2000 is hereby affirmed. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 416. ......as read over and explained to him to which he pleaded not guilty and claimed to be tried. 4. The prosecution examined as many as 10 witnesses out of 14 cited witnesses and after closing of the evidence the accused appellant was examined under section 342 of the Code of Criminal Procedure wh..Category: Criminal Law | Date: | Hits: 33
Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
.... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ......t lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ......it has not been stated on what materials the sanctioning authority was satisfied to accord sanction to prosecute the petitioner. Furthermore, it has also not been stated what extraneous materials and evidence was placed before the sanctioning authority to make it aware of the guilt of the petitioner..Category: Anti-Corruption Laws | Date: | Hits: 140
Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)
.... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ......r as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ......tion. It is further stated in the writ petition that the impugned order asking the petitioner to furnish statement of his properties is nothing but compelling the petitioner to be a witness or adduce evidence to be used against himself and, as such, it is a violation of fundamental rights guaranteed..Category: Anti-Corruption Laws | Date: | Hits: 150
Rabiul Karim (Md.) Vs. State, 2005, 34 CLC (HCD)
....t aside. Let the convict Md. Rabiul Karim be set at liberty forthwith if not wanted in any other connection. Sent down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 401. ......erty forthwith if not wanted in any other connection. Sent down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 401. ......eady for trial was sent to the Special Tribunal Serajgonj who framed charge against the convict under section 6 of the Dowry Prohibition (deterrent punishment) Ordinance, 1983 and after recording the evidences passed the impugned Judgment and Order convicting this appellant under section 6 of the Or..Category: Criminal Law | Date: | Hits: 30
Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)
....vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......ed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......e Rule absolute. 5. Leave was granted to consider that submissions of the learned Counsel for the apellants that "the Court of Appeal below, the final Court of facts, on considering the material evidence on record, found that Nazimuddin Sarder was not insane but the High Court Division without ..Category: Property Law | Date: | Hits: 28
Shahjahan Ali (Md.) @ Md. Shahjahan Vs. State, 2007, 36 CLC (HCD)
.... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ...... Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ......onal statement, the mandatory provision of sub-section 3 of section 164 of the Code of Criminal Procedure has not been complied with and, as such, the said confessional statement is not admissible in evidence. Prolonged detention of accused-appellant in Thana Hajat before recording his confession wi..Category: Criminal Law | Date: | Hits: 29
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ......�…. Opposite Parties Judgment February 8, 2007. Cases Referred To- Jobeda Khatun vs MA Mannan 46 DLR 621; Abul Khair Mia vs Abdul Latif Sardar 32 DLR (AD 167 and Abtabuddin Fakir vs Sowdagar Rabi Das 43 DLR 42; Kalu Ram vs Babu Lal AIR 1932 (All 485 (FB) = ILR-54 (All) ......the instrument is a consequential relief". 9. The learned Counsel adds that there is no definite finding of the Court of appeal below that the plaintiff proved the case by adducing documentary evidence like the deed in question. The learned Counsel lastly submits that the learned Judge of the..Category: Property Law | Date: | Hits: 26
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....thwith if not wanted in connection with any other case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345.......er case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345.......eased Shahjahan Howlader Shujan might have-been, killed by some other unidentified miscreants near the Suhrawardy Uddyan, opposite to Bangla Academy, when he was passing through the road. 12. The evidence recorded by the trial Court may preciously be discussed below. 13. PW 1 Hena Akhter is ..Category: Criminal Law | Date: | Hits: 109
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
..... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ...... This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ......nafter referred to as the 'Code'). In this regard, the defendant No. 1, petitioner submits that the lower appellate Court lost sight of the fact that the Kabala in question is registered as proven by evidence adduced in the form of statements given by competent and reliable witnesses, and instead co..Category: Property Law | Date: | Hits: 32
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
....ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......f of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......lass of milk with a ribbon around it. It was further pointed out by the learned Advocate that Bonlac's claim to have used the trademark 'Diploma' in other parts of the world is not borne out by the evidence submitted by the petitioner, which shows that the trademark 'Diploma' was registered in Sau..Category: Intellectual Property Law | Date: | Hits: 199
Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)
....e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ......onsideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ......e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ..Category: Criminal Law | Date: | Hits: 25
N Mohd Engineering Industries Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... as formulated in paragraph No. 7 of the application in the negative and in favour of the assessee. The parties will bear their own costs. Ed. This Case is also Reported in: 54 DLR (2002) 132.......bear their own costs. Ed. This Case is also Reported in: 54 DLR (2002) 132.......ok version of the assessee applicant on loss of Taka 62,97,836 on the ground that the receipts shown are not verifiable for want of supporting documents without specifically pin pointing what kind of evidence or what kind of defect are in the books of accounts and thus the DCT resorted to estimate r..Category: Fiscal/Taxation Law | Date: | Hits: 72
Noor Alam Hossain Vs. State and others, 2006, 35 CLC (HCD)
....e him preferably within three months from the date of receipt of the judgment. Let a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 322. ......eceipt of the judgment. Let a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 322. ......1983 had no existence on 19-8-1990 so as to debar the Assistant Judge, Sadar in lodging any compliant before the Magistrate against a forged document which has been submitted in a civil proceeding as evidence in order to defraud the court and which has been adjudicated as forged document. 7. ..Category: Criminal Law | Date: | Hits: 40
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