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Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

.... not the daughter of Kala Chand Basak and she is daughter of Krishna Chandra Basak who died leaving behind three sons as legal heirs and all of them left the then Pakistan in 1950 to India and became Indian Nationals. 50. Plaintiff-Petitioner Hari Rani Basak standing on witness box blurted out in..

Category: Procedural Law | Date: | Hits: 108

Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)

....l Kashem Vs. Government of Bangladesh reported in 47 DLR 57 a Division Bench, of this Court after discussing decision reported in 42 DLR (AD) 167 and some decisions of the Pakistan Supreme, Court and Indian Supreme Court and a decision of the Appellate Division in CPSLA 147/79 held: "Therefore' w..

Category: Fiscal/Taxation Law | Date: | Hits: 204

Dhaka Leather Com­plex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)

....ard. The simple answer is the knowledge of making of the award, if any, is not sufficient to fix one with the notice of making of the award within the meaning of Article 178 of the Limitation Act. Cf Indian Rayon Corporation Vs. Raunaq and Co. (P) Ltd. (1988) 4 SSC 31. 10. It further appears that..

Category: Alternative Dispute Resolution | Date: | Hits: 190

AKM Mozammel Huq Vs. Chancellor of the National University, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

.... petition was rejected as the court was of the view that the newly discovered material could not have affected the original decision. 52. In Mohindra Vs. District Judge, Delhi AIR 1971 SC 107 the Indian Supreme Court reviewed it’s earlier judgment because new materials were placed and the case..

Category: Administrative Law | Date: | Hits: 371

Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....e prejudicial activities and the passing of the detention order, the detention order suffers from legal infirmity and the same must be set aside. The learned Advocate has also cited some decisions of Indian jurisdiction in support of his argument. The learned Advocate further submits that no explana..

Category: Criminal Law | Date: | Hits: 109

Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)

....he and his patrol party along with a First Class Magistrate went to the house-of the accused petitioner Satya Narayan Sarda on 13-8-88 at 11-30 A.M. and after search of his house found huge number of Indian sarees and medi­cines in the house of the accused petitioner and also in the tin-shed attach..

Category: Criminal Law | Date: | Hits: 103

Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)

....on in respect of quashing of the proceeding. Apart from that the learned Counsel referred a decision in his written arguments referring a case of State Vs. Ch Bhajan Lal, AIR 1992 (SC) 604, where the Indian Supreme Court laid down several grounds on which a criminal proceeding may be quashed. Of the..

Category: Criminal Law | Date: | Hits: 106

Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)

....alty and does not amount to dismissal or removal. In one case the order of discharge made adverse comments against the probationer that it was not good retaining him in service and it was held by the Indian Supreme Court that it was a discharge simpliciter (AIR 1961 (SC) 177). It was held that the t..

Category: Employment/Service Law | Date: | Hits: 166

State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)

..... On close reading of his confessional statement it would be evident that the expression “despatch to India" meant that the victims were to be killed and their dead bodies were to be thrown away in Indian territory which was done in the case of Shashanka. The confessional statements of accused Taj..

Category: Criminal Law | Date: | Hits: 139

Abul Hussain Md. alias Abul Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and Others, 1991, 20 CLC (HCD)

....ng to private opinion. It is to be not arbitrary, vague, fanciful, but legal and regular." 12. In the case of Ajay Hasi Vs. Khalid Mujib, AIR 1981 (SC) 487 (Paragraph 16) it was observed by the Indian Supreme Court as follows: "It was for the first time in EP Royappa Vs. State of Tamil N..

Category: Criminal Law | Date: | Hits: 105

Promode Ranjan Paul & others Vs. Government of Bangla­desh & others, 1986, 15 CLC (HCD)

....qual shares and these was no amicable parti­tion of the suit property amongst them. Jamini and Rarnani had left this country for India before the Indo-Pak War of 1965 and have been residing there as Indian nationals and as such their shares in the suit property have legally vested in the Government..

Category: Property Law | Date: | Hits: 107

Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)

....nder section 26F of the Bengal Tenancy Act. Hence, the question is, can the title of vendors be investigated in such a proceeding. Akbar, J, in a Single Bench of this Court, examined several cases of Indian jurisdiction on the question and held as under, "I am, therefore, of opinion that the Court i..

Category: Property Law | Date: | Hits: 132

Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)

....ot is within the jurisdiction of the Income-tax Officer to decide. The challenge of the decision of the Income-tax Officer on these matters by writ of prohibition or mandamus under Article 226 of the Indian Constitution is not available to an assessee. 11. Following the same principle, we are als..

Category: Fiscal/Taxation Law | Date: | Hits: 170

Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chow­dhury and others, 1992, 21 CLC (HCD)

....nquiry Act there is no provision of contempt like the provision of the contempt of the Tribunal Act, 1921. Our Commission of Inquiry Act 1956 does not also contain a provision like section 10A of the Indian Commission of Inquiry Act, 1952. The Commission of Inquiry (Chittagong Varsity Inquiry Commis..

Category: Criminal Law | Date: | Hits: 131

Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)

....the case before us inasmuch as the service of Steward and Stewardess does not stand on different categories as was in the case cited by Mr. Khandker. As the facts of the other decision cited from the Indian Jurisdiction as distinguishable from the facts of the present case the principles laid down t..

Category: Employment/Service Law | Date: | Hits: 361

Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)

....mpanied by a draft communication wherever appropriate.” 9. Mr. Rafiq‑ul‑Huq to substantiate his contention on Clause (2) of Article 58 of the Constitution referred me to Article 74(2) of the Indian Constitution which according to him, is akin to Article 58(2) of our Constitution and cites t..

Category: Criminal Law | Date: | Hits: 111

Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)

....ve meaning, it must be construed to enlarge the scope of the Act or to assume the function of an independent enactment." 54. In the case of Dwarka Prasad Vs. Dwarka Das Saraf, (1976) 1 SCC 128 the Indian Supreme Court considered a number of decisions on this point and summarized the law as follow..

Category: Criminal Law | Date: | Hits: 158

Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)

....Pal fired a pistol twice killing one person and wound­ing another. The accused persons were placed on trial on charge under sections 147,148 and sections 323,307 and 302 read with section 149 of the Indian Penal Code. There were no specific charge against Suraj Pal for having caused death by means ..

Category: Criminal Law | Date: | Hits: 128

Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)

....oval the said observation of Burkley, J. as above. 13. A somewhat similar view was taken by this Court in the case reported in BLD 1986 at page 80 and referred to by the Courts below. 14. As to Indian jurisdiction, in the case of Cawashah Bornanji Vs. Profullah Nath, reported in AIR 1941 at pa..

Category: Civil Law | Date: | Hits: 178

Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)

...., a Sub-Inspector of Police posted to Katakhali Police Camp under Matihar Police Station, Rajshahi lodged an ejahar on 24.6.2001 against the appellant bringing allegation of recovery of 56 bottles of Indian origin phensedyl which were allegedly smuggled from India into Bangladesh. Police recorded th..

Category: Criminal Law | Date: | Hits: 113