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Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614.......g unaware of the fact that witness summons were not issued from the Court. 12. High Court allowed the appeal having set aside the order of acquittal directing to proceed with the case according to law. The High Court, in above connection, observed as below: "Section 247 CrPC is not intended to..Category: Procedural Law | Date: | Hits: 73
Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)
....vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612.......r accepted a paltry award of the Arbitrator for Taka 3,18,216.43 as back as 19‑6-91 forgetting his claim for Taka 29,43,695. The owner had to start execution for recovery of the amount. Under the law of acquisition, no owner is expected to go through such arduous and lengthy process for the comp..Category: Procedural Law | Date: | Hits: 54
Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)
....ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ......itioner under section 19A of the Arms Act, 1878 (the Act), by an order dated 17-1-2004 and the charge was explained to the accused to which he has pleaded not guilty and claimed to be tried under the law. 5. That the prosecution adduced 14 witnesses to prove its case, while the defence examined n..Category: Criminal Law | Date: | Hits: 65
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......and 5924 of 2009. Judgment Md. Ashfaqul Islam J.- All these Writ petitions are taken up together and disposed of by a single Judgment since all the writ petitions deal with a common question of law and fact. 2. BIVAC International SA and another, Intertek International Limited and another,..Category: Fiscal/Taxation Law | Date: | Hits: 152
.... discharged, however, without any order as to costs.
Communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
......affidavit-in-opposition on the facts stated therein. In the said affidavit the respondent-bank has contended that the second execution case in question is well within time and as such maintainable in law.
4. Mr. M. A. Muntakim, the learned Advocate appearing for the petitioner submits that after ..
Category: Civil Law | Date: | Hits: 107
.... case), if it is required.
The office is directed to communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
......k for selling the remaining portion and therefore, the provision of section 34(9) of the Ain was not complied with and without such compliance, issuance of warrant of arrest was in clear violation of law and therefore without lawful authority.
6. On the other hand, Mr. Mohammad Ali, the learned A..
Category: Civil Law | Date: | Hits: 80
Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......ainst the land, but for that reason it cannot be held that the petitioner is not in possession thereof. Both the Courts below failed to consider this aspect of the case and thereby committed error of law resulting in an error in decision occasioning failure of justice. Learned Advocate cannot, howev..Category: Property Law | Date: | Hits: 78
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ......ence, the revisional Court should not interfere with such concurrent findings. 14. Under the above, I do not find that the lower appellate Court in dismissing the appeal has committed any error of law resulting in an error in decision occasioning failure of justice. The Rule, therefore, merits no..Category: Property Law | Date: | Hits: 99
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
.... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......sent to the Senior Special Judge, Habiganj and was registered as Special Case No.7 of 1997. The learned Judge of the Tribunal framed charge against the appellant and others under the same sections of law by order dated 11.3.1999, to which the appellant pleaded not guilty and claimed to be tried. Sub..Category: Criminal Law | Date: | Hits: 61
Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)
....n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......rch of a cow, when the appellant voluntarily joined them and started assisting them in searching a suitable cow. At one stage, the said Budhai disclosed that he would go to the house of his father-in-law at village Madhabpur as his wife and children were there. The appellant also wanted to go with h..Category: Criminal Law | Date: | Hits: 74
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......oning as to why he disbelieved the petitioner’s claim of possession over the case land. The learned Judge also considered some registered documents filed by the opposite party. It is a provision of law that documentary evidence is always better than the oral evidence. 10. In view of the above, ..Category: Property Law | Date: | Hits: 53
..... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
......ds stated therein.
9. Learned Joint District Judge heard the application and allowed the same by his order dated 17.6.2004 and thereby rejected the plaint on the ground that the suit was barred by law. Against the said judgment, the plaintiffs preferred the instant First Appeal and obtained an ad..
Category: Property Law | Date: | Hits: 78
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
.... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ......evision No. 921 of 1974) Judgment Shahabuddin Ahmed J. - The question involved in this appeal by special leave is whether the learned Single Judge of the High Court Division was well founded in law in refusing to stay the further proceedings of a suit under section 34 of the Arbitration Act, 1..Category: Alternative Dispute Resolution | Date: | Hits: 238
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116....... fixed rent with occupancy right was created in favour of the patta holders, including the defendant; and such tenancy is protected from annulment. The learned Subordinate Judge on misconception of law and facts erroneously reversed the judgment of the trial Court; and learned Judge of the High Co..Category: Property Law | Date: | Hits: 58
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......00. Md. Faisal Alam Ansari, who faced the trial, preferred Jail Appeal No.842 of 2003 as well as Criminal Appeal No.2798 of 2003. 2. The two absconding accused were represented by a State Defence lawyer during the trial as well as at the time of hearing of the appeal by the High Court Division. ..Category: Criminal Law | Date: | Hits: 94
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
....t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ....... 5. The learned Assistant Sessions Judge while convicting the appellant observed that Mohammad Altaf Hossain Mollah (P.W.8) recorded the confessional statement of the appellant in accordance with law, that he did not find any infirmity in the confessional statements on perusal of exhibit-2 serie..Category: Criminal Law | Date: | Hits: 100
State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)
....Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ......Court Division. We have heard the learned Deputy Attorney General and learned counsel appearing for the respondent. The learned Deputy Attorney General contended that the High Court Division erred in law in acquitting the accused-respondent on a superficial consideration of the evidence on record in..Category: Criminal Law | Date: | Hits: 77
State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
....tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ......ction 405 defines ‘criminal breach of trust’ speaks of a person being in any manner entrusted with the property, it does not contemplate the creation of a trust with all the technicalities of the law of trusts. It contemplates the creation of a relationship whereby the owner of the property make..Category: Criminal Law | Date: | Hits: 85
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
....service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56.......No. DACGF/P-34174 dated 4-2-2007 issued by the Deputy General Manager Personnel, Biman Bangladesh Airlines Limited terminating him from service under the said regulation to have been issued without lawful authority and is of no legal effect. The petitioner also sought a declaration that he has a r..Category: Employment/Service Law | Date: | Hits: 111
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......evenue Officer was correct. He allowed the appeal and set aside the order of the Revenue Officer dated 3-4-1953. He also observed that the revenue authority might take appropriate action according to law in the light of the observations contained in his judgment. The learned Special Judge regretted ..Category: Property Law | Date: | Hits: 67
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