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Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....She also related the story to her father, the informant, and brother when they returned home that night. The informant then went to see the parents and guardians of the accused persons and prayed for justice as well as the return of the photographs and negatives. They, however, rebuked him in abusiv......in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505...Category: Criminal Law | Date: | Hits: 35
Taju and others Vs. State, 2007, 36 CLC (HCD)
.... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ......n behalf of the accused-appellants, after taking us through the entire evidence on record, specially the deposition of the witnesses, first information report, charge sheet, charge and other relevant documents, mainly advanced threefold arguments. Firstly, he submits that from the evidence on record..Category: Criminal Law | Date: | Hits: 42
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....nvict is not subjected to suffer the same punishment already suffered in custody prior to conviction upon conviction as sentence of imprisonment twice over in the garb of administration of criminal justice. The provision of section 35A is not in conflict or inconsistent with the scheme of punish......y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ..Category: Criminal Law | Date: | Hits: 43
Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)
....uli was also made an accused who was subsequently discharged by the Tribunal at the time of framing of charge but surprisingly, she was not made a witness of the case causing a serious miscarriage of justice. The learned Counsel further contends that if she would have been examined as a witness then......is set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 492...Category: Criminal Law | Date: | Hits: 42
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
.... determination is, whether the learned Additional District Judge, Sylhet committed any error of law in passing the impugned judgment and decree dated 15-4-2002 and which has occasioned any failure of justice. 16. In order to arrive at a correct decision on the contention of the learned Advocate o......ently, to anybody. Hence the suit is liable to be dismissed. 7. At the trial the plaintiff examined 7 witnesses, while the contesting defendant has examined one witness and the parties exhibited documents in support of their respective case. 8. The learned Subordinate Judge by his impugned..Category: Property Law | Date: | Hits: 28
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....the instant case are not similar to those of the cases referred to above. So, the learned Assistant Judge appears to have misapplied the law, resulting in an erroneous decision occasioning failure of justice. 11. In the appeal against the aforesaid decision of the lower appellate Court relying on......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. ..Category: Property Law | Date: | Hits: 37
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....it filed by the defendant-petitioner and the suit filed by the plaintiff-parties are not on same subject matter and the issues of all these suits are also not the same and, as such, no miscarriage of justice has been committed. 9. On the contrary, the case of the defendant-petitioner, in brief, i......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ..Category: Civil Law | Date: | Hits: 77
.... Senior Assistant Judge or Assistant Judge from which no appeal lies; and if such Court appears to have committed any error of law resulting in an error in such decree or order occasioning failure of justice, the High Court Division may revise such decree or order and, make such order in the suit or......rney on 23-7-1998 appointing the plaintiff-petitioner No. 2, Nasrul Hamid, as her Attorney authorising him to take necessary steps in respect of transfer of the suit land and handed over all original documents to him; that the power of attorney in favour of the plaintiff-petitioner No. 1 was approve..
Category: Property Law | Date: | Hits: 34
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.......d/or deduction that is claimed in the return cannot be treated to be as largesse to be distributed on the basis of his sweet will and/or whim. It is also now well settled that he cannot use anything, document or information that comes his way in the course of assessment to the detriment of an assess..Category: Fiscal/Taxation Law | Date: | Hits: 99
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....r's compliance with applicable legal requirements and to issue import permit as applied for by the petitioner. It is also stated that the impugned omission is violative of the principles of natural justice and also of the fundamental rights of the petitioner as guaranteed by Article 40 of the Cons...... are subject to whilst being imported. The conditions that the amendment seeks to impose for the importation of table potatoes are as follows: i. The importer shall along with all other import documents produce a Quarantine Certificate issued by the supplier of the goods and a phytosanitary c..Category: Business or Commercial Law | Date: | Hits: 219
Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....o. 60220 is hereby declared to have been made 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) 451.......idavit-in-Opposition, the respondent No. 1 Bangladesh Bank has stated that the petitioner is not only a share holder of Messrs Prominent Textiles Limited but also a Director and he executed a document of personal guarantee to secure and repay the loan thus making him a person interested and ..Category: Banking Law | Date: | Hits: 125
....ders of stay is recalled and vacated.
Send a copy of this judgment to the respondent No. 3 for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 448.
......ders of stay is recalled and vacated.
Send a copy of this judgment to the respondent No. 3 for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 448.
..
Category: Civil Law | Date: | Hits: 77
Md. Ali Vs. State, 2007, 36 CLC (HCD)
....Attorney-General further submits that the case may be sent back to the trial Court to arrange fresh trial under provision of Special Powers Act if the Court thinks it proper and necessary for ends of justice but in no way the accused should be acquitted due to above irregularity as agitated and ra......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...Category: Criminal Law | Date: | Hits: 30
Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....ion will remain in force. Criminal Prosecution involves many participants in a complicated sequence of steps, such as the judges, the lawyers, witness of public, etc. which involves many factors. So, justice must not be stopped to the deprivation of anyone and its flow be allowed to continue. So, th......ned under the provision of section 342 of the Code of Criminal Procedure who did not state any plea in their examination excepting claiming their innocence and a prayer for submitting some papers and documents by the accused No. 1 Jamir Ali. 7. The defence case as has been revealed from the trend..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. ......ed 4 witnesses and exhibited 1 and 2 series. Defendants examined 5 witnesses and exhibited Ka-Cha series. It was stated that although the plaintiff was able to prove this case by producing registered documentary evidences against the defendant but the learned trial Court illegally decreed the suit f..Category: Property Law | Date: | Hits: 40
Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ormed of any such result or finding or any show cause notice was given to them to explain their position and hence the impugned orders have been passed in gross violation of the principles of natural justice. 10. The learned Advocate next submits that under Rule 6(2)(a) of the Rules the appoi......iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ..Category: Employment/Service Law | Date: | Hits: 107
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. ...... 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. ..Category: Anti-Corruption Laws | Date: | Hits: 140
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. .......1, on the basis of the said forged kabala, has also executed another kabala on the 20th Ashwin, 1375 B.S. in favour of his brother Abdul Aziz wherein no consideration has also passed and the above document is also a paper transaction. 3. The defendant No.1 contested the suit filing written sta..Category: Property Law | Date: | Hits: 28
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....s that the learned Judge of the Court of appeal below failed to weigh and sift the evidence as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 10. Mr. ASM Rahmatullah, the learned Advocate for opposite party Nos. 1, 2, 4, 9-11,......he different issues were settled including the issue of limitation. 6. In course of trial the plaintiff and defendant examined four and three witnesses respectively, while defendant proved his document as "Exhibits ক-ক(১)” 7. After trial, the trial Court dismissed the suit. On ..Category: Property Law | Date: | Hits: 26
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ......y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ..Category: Constitutional Law | Date: | Hits: 200
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