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State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
.... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11.......visited the place of occurrence, prepared the sketch-map of the place of occurrence, examined witnesses under section 161 of the Criminal Procedure Code and submitted charge-sheet against 4 accused-persons including this condemned-prisoner under section 302/34 of the Penal Code. During investiga..Category: Criminal Law | Date: | Hits: 42
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......gistrate against the accused. The contention of the petitioner that an accused person cannot be convicted of an offence of which he was not charged with is based on the general rule that an accused person cannot be convicted of an offence of which he was not charged with. But this general rule i..Category: Criminal Law | Date: | Hits: 26
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......n over the property but it must also prove that the accused has dishonestly misappropriated or converted to his own use or dishonestly used or disposed that property or willfully suffered any other person so to do. Now it has been found as a matter of fact by the lower appellate court that the pet..Category: Criminal Law | Date: | Hits: 37
State Vs. Khalilur Raman, 1998, 17 CLC (HCD)
...., 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ...... others to the place of occurrence to know the details. They came to the place of occurrence at about 8 P.M. and found the dead body of Peara Begum lying in the open cookshed with injuries on her person. The Chowkider Mokles sent news to the father's house of Peara Begum and then went to the Bor..Category: Criminal Law | Date: | Hits: 35
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46....... as per agreement/ undertaking to complete and deliver both the vessels by 30.6.83 but the same have not been delivered till today. 7. That under the aforementioned tripartite contract the accused persons are clearly obliged to purchase new engines for the coaster. But instead of purchasing the n..Category: Criminal Law | Date: | Hits: 67
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......ellant had neither title nor possession in the suit land; that the suit was not also properly valued and the plaint was not sufficiently stamped; that appellant who was a Govt. servant was not also a person legally entitled to get settlement of the Government khas land; that the appellant also faile..Category: Property Law | Date: | Hits: 36
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
.... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18.......ory provision of the Special Powers Act and has sought immediate release of the detenu. 2. The petitioner's case was that his elder brother Daulat Ahmed was a cultivator and an honest and innocent person living on cultivation. On 24.1.87 the Kotwali Police arrested the detenu along with 9 others ..Category: Criminal Law | Date: | Hits: 40
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ......miscellaneous case was filed on 20.12.80. A non-notified co-sharer under section 96 of the State Acquisition and Tenancy Act files an application for pre-emption from the date of his knowledge, but a person against whom an ex parte decree has been passed cannot borrow the analogy of section 96 and t..Category: Procedural Law | Date: | Hits: 101
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......3 of the Banking Companies Act, 1991 and it runs as follows: “103. Nomination for payment of depositor’s money.— (1) Where a deposit is held by a banking company to the credit of one or more persons, the depositor or, as the case may be, all the depositors together may nominate, in the pres..Category: Banking Law | Date: | Hits: 122
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......m of appeal and section 5 of Limitation Act has no manner of application in Artha Rin Adalat Ain and when there is special limitation in a special law, that is, mandatorily to be followed. So, if any person is aggrieved by a decree passed by the Adalat he may prefer an appeal on depositing of 50% of..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......ember of Parliament shall not liable to proceedings in any Court in respect anything said, or any vote given, by him Parliament or in any Committee thereof." Article 78(4) runs as follows: “A person shall not be liable to proceedings in any Court in respect of the publication by or under the..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ...... Sutrapur Police Station has contested the Rule by filing affidavit-in-opposition denying the allegations made in the original application stating, inter alia, that at the instance of some interested persons with a view to feed fat their personal grudge this respondent No.4 has been implicated upon ..Category: Criminal Law | Date: | Hits: 106
Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)
....ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ......, 1972 (President’s Order 155 of 1972) is a special law providing for hearing of an appeal by a Division Bench of the High Court Division against any decision of the Election Tribunal for which any person may feel aggrieved, and that there is no provision in this special law for disposal of an app..Category: Election Law | Date: | Hits: 159
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ......he facts and circumstances, the date of dispossession must be held to be the date i.e. 31-05-96 when the period of monthly lease of the plaintiff expired. He also submits that possession of any other person including defendants Nos. 2 to 5 must be taken to be the possession of the plaintiff. 9. I..Category: Civil Law | Date: | Hits: 82
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
.... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325....... the Constitution, assured to the petitioner Nos. 2-5 and the other dwellers of the Basti, the protection of their right to life. In spite of such part taken by the Government, some of the interested persons are trying to evict the inhabitants of the Basti immediately. Such action for eviction would..Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ......Printer and Publisher of a newspaper must accept the fullest responsibility for everything that is published in the newspaper. So, she is also equally guilty of contempt of Court. She is a leading personality in the news media and she does not deserve to get any leniency in the matter of sentenc..Category: Criminal Law | Date: | Hits: 130
Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)
....f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ......e holding of the by-election pending decision of the election petition. Rejecting the petition summarily by its order dated 21-11-99 this Division observed- “…………………It is held that person elected in the by-elections will step into the shoes of the deceased Chairman, and he will be..Category: Election Law | Date: | Hits: 79
....n the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 7.......means that administration authority cannot abuse its discretion by following inconsistent policy by disregarding undertaking statement of intent. But if the published policy is to be changed then the person to be adversely affected a by such change should be given full and serious consideration when..
Category: Civil Law | Date: | Hits: 92
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ......he aforesaid period. 5. By Act No.11 of 1997 Bank Company Act, 1991 was amended with effect from 13-3-97. Section 2(ga)(ga) inserted by such amendment provides that a defaulting borrower means any person or institution advance, loan or part of same or interest accrued thereon granted in favour of..Category: Banking Law | Date: | Hits: 121
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ......n regularly assessing and paying VAT on the basis of the price thus declared by the petitioner in 1991 as per Rule 3(1) of the VAT Rules, 1991. Rule 3(2) of the VAT Rules, 1991 permits the registered person in this case the petitioner to submit a new declaration on the basis of the price if the regi..Category: Fiscal/Taxation Law | Date: | Hits: 91
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