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American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......ts are attributable to the manufacture of oil it is not possible to say that they accrue or arise at any place different from the place where the manufactured article came into existence. 19. This view is also supported by another decision of the Privy Council in the case of International Harvest..Category: Fiscal/Taxation Law | Date: | Hits: 159
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......nd as such they were not public servants, and so outside the mischief of clause 11 of Martial Law Regulation No.1 of 1975. Their contention was turned down by the High Court Division which was of the view that the contractor Muraduzzaman under clause (9), (13) and (14) of the Agreement entered into ..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......sitively negatived the plea of the settlement by disbelieving the Dakhilas Ext. 4 series, and holding them to be fabricated documents. The learned Judges of the High Court, however, expressed their view that the learned Additional District Judge misplaced the onus of proof as to the genuineness of..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
....smuch as 6414 voters out of total 9939 voters were not allowed to cast their votes in the said election on the plea that they were not voters of the Satarkul Union Parishad, that the voter's list was erroneous and incorrect, as they were included within Dacca Municipal Corporation, and that a large ...... dated 24-3-77: "Mr. Haider further submits that the respective parties have filed written statements in the suit. The learned Subordinate Judge is accordingly directed to dispose of the suit in view of the questions that have been raised in the suit within two weeks from date, if the case is..Category: Civil Law | Date: | Hits: 111
Musammat Khaleda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......im the said interest of Abdur Rashid. On a Second Appeal to the High Court Division, the learned Judges of the said Division refused to interfere with the findings of the Court of appeal below on the view that there was no error committed by the said Court in respect of the said findings. 5. Mr..Category: Property Law | Date: | Hits: 102
....g of Taxing Statutes being that he has been described as such in the very Indenture of lease by which lease was created and that the appellant's lease is in effect a lease in perpetuity is absolutely erroneous, as misdescription of the status of a person in a private document cannot alter has legal ......xes which having been imposed after the lease under subsequent legislations were obligatory upon the appellant.
5. The High Court on a consideration of the contentions raised before it came to the view that the appellant was a tenant within the meaning of the East Pakistan Finance (3rd) Order of ..
Category: Property Law | Date: | Hits: 114
Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)
.... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ......hat the appellants would commit dacoity in a known house at their own area without masks and colour and would take risk of identification. 16. Under the above facts and circumstances we are of the view that the allegations of dacoity under sections 395 and 397 of the Penal Code against the appell..Category: Criminal Law | Date: | Hits: 103
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ...... 7. The appeal has been appearing in the cause list since 4.4.2011 i.e before six days of starting the vacation. It was taken up for hearing on 17.4.2011, but no one appeared to press the appeal. In view of its long pendency for nearly fifteen years, we took it up for disposal even in absence of th..Category: Criminal Law | Date: | Hits: 105
Al-Amin Vs. State, 2011, 40 CLC (AD)
.... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ......material for the last about two and half years to connect him in the alleged incident. 6. On consideration of the FIR, the police forwarding report and the confessional statements, we are of the view that there are not reasonable grounds for believing that the accused-petitioner has committed a..Category: Criminal Law | Date: | Hits: 96
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ......k to the Ministry in order to be posted as teachers of colleges when they had been rendering service as Lecturers and Teachers of the Jagannath University. The learned Counsel further submits that in view of the fact that other Universities, including the Bangabandhu Sheikh Mujib Medical College Hos..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......ant only on the basis of surmises and conjectures rather than legal evidence on record and, as such, impugned judgment and order of conviction and sentence are unjustified, unwarranted and illegal in view of the facts and circumstances and, as such, the same is liable to be set aside. 11. Mr. SM ..Category: Criminal Law | Date: | Hits: 87
....edure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communicate the order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60.......n record. The concurrent finding of facts of the Courts below are not liable to be disturbed by the High Court Division in exercise of power under section 115(1) of the Code of Civil Procedure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communi..
Category: Property Law | Date: | Hits: 73
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....impugned judgment and decree dated 26-2-1994. 6. Being aggrieved by the aforesaid judgment and decree, the plaintiff-Bank preferred this appeal on the ground that the learned Subordinate Judge has erroneously arrived at a wrong decision in dismissing the suit and that she could not appreciate the......ccount No. 69 and that her husband received the loan money by forging her signatures in connivance with some Bank employees. Since the defendant No. 1 did not receive loan, the learned judge held the view that she should not be made liable to pay the money. Accordingly, the suit was dismissed by the..Category: Civil Law | Date: | Hits: 116
Jaymala Baroy @ Shamsun Naher Vs. Dilip Kumer Baroy, 2009, 38 CLC (HCD)
....st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48.......emale child until she has attained puberty. The right continues though she is divorced by father of the child, unless she marries a second husband in which case custody belongs to the father. In such view of legal aspect, if the suit be restored, then it will nothing but fruitless exercise and it wi..Category: Civil Law | Date: | Hits: 130
Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)
....ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ......a for which he has been licensed. It appears that plaintiff was granted licence to act as a Nikah Registrar at Ward No. 17 but he has been acting as imam in a mosque situated at Ward No. 4. So, in my view, plaintiff was not acting as a Nikah Registrar at Ward No. 17 in accordance with law till his r..Category: Civil Law | Date: | Hits: 92
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
.... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ......e facts revealed from the complaint, particularly the taking delivery of the release print or, issuance of two post-dated cheques for the unpaid amount and the dishonor of the cheques, our considered view is that these facts do not constitute any offence under section 420 of the Penal Code. Because ..Category: Criminal Law | Date: | Hits: 95
....e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
......
7. Giving a factual background of the entire arbitration proceeding, Mr. Hossain submits that in the instant case, the majority decision of the Tribunal is not legal and binding upon the parties in view of the fact that one of the Arbitrators, namely, Mr. M Amirul Islam (hereinafter referred to as..
Category: Alternative Dispute Resolution | Date: | Hits: 385
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
.... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306....... in support of the Rule, having taken me through the impugned judgment and the papers on record submitted that the learned Court of Sessions below erred in law in dismissing the appeal summarily in view of the fact that the learned Sessions Judge failed to consider that the occurrence took place a..Category: Criminal Law | Date: | Hits: 76
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....ailed to prove the charge of sodomy by any tangible evidence but the learned Courts below without sifting, weighing and considering the evidence on record in its true perspective have arrived at an erroneous decision which has occasioned a failure of justice. In the present case since charge is of...... P.W.1 has not been corroborated by independent witness and there is no medical evidence and other materials to support the case of the commission of sodomy by the accused petitioner on the P.W.1. In view of the inherent improbabilities and infirmities of the prosecution case and circumstances milit..Category: Criminal Law | Date: | Hits: 92
....y ground to interfere with the decision of the High Court Division.
Accordingly, the appeal is dismissed. There is no order as to costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 169.
......own as 31st October, 1947 AD in one part of the service book. The petitioner also found that the figure “9” occurring in the figure ‘1949’ was disfigured and converted into figure ‘7’. In view of the anomaly in the service book the petitioner thought it necessary to obtain a duplicate Se..
Category: Employment/Service Law | Date: | Hits: 739
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