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....ed Memo. (Annexure-D) asking the petitioner to pay the said bills by 29-8-1996 threatening with disconnection of supply of electricity. Mr Haq further submits that had there been any endeavour on the part of the petitioner to tamper with the meter as alleged the respondents had ample opportunity eve......and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690...
Category: Others | Date: | Hits: 131
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
.... Judgment AFM Abdur Rahman J.- The accused petitioner, Abdur Rahman, obtained this Rule on 4-2-2001, under section 561A of the Code of Criminal Procedure, calling upon the informant opposite party No. 1 Shankar Sen Gupta and the Deputy Commissioner, Chittagong, to show cause as to the legal......tra dated 15-7-1996 and subsequently registered kabala dated 19-5-1998. Thereby, the accused persons committed offence under sections 420/467/468/471 of the Penal Code. 3. The police commenced investigation in Kotwali Police Station Case No. 29(3)2000 and upon finding the guilt of the accused..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....He saw the occurrence of shooting from 2/3 feet distance. At the time of occurrence he raised no alarm as threatened by the accused. He also raised no voice to grab the accused at the time of their departure by babytaxi. The deceased fell down in a place 15/20 cubits away from the bench, where they ......sed Almas, Aurango and Taha were named as assailants and accused Hasib as the conspirator and abettor. On 29-8-2000 in the morning the deceased succumbed to the injuries in the hospital. 6. During investigation of the case confessional statements of accused Monir and Zahid Hassan @ Aslam were r..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....re fugitive from justice. It is a settled principle of law that fugitive from justice cannot claim any protection of law. To substantiate the claim, the informant filed an application for addition of party disclosing how the accused petitioners became fugitive from justice. 4. To settle the q......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ..Category: Criminal Law | Date: | Hits: 97
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....probably utensils in trade are also included in the phrase. According to the Oxford Advanced Learner's Dictionary, stock-in-trade are words, actions, behaviour, etc commonly used, displayed, etc by a particular person. 14. According to such definitions, stock-in-trade also means the inventor......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... Judge, 1st Commercial Court and Artha Rin Adalat, Dhaka impleading three defendants including the petitioner as defendant No. 2 for a claim of Taka 14,98,041. Ultimately, the suit was decreed ex parte against all the defendants including the petitioner on 14-1-1999. Subsequently, the defendants......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615...Category: Constitutional Law | Date: | Hits: 168
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....rsons shall not be able to enjoy unearned income and an "interest" being an "unearned income" inclusion of the same within the definition of loan under section 2(g)(4) of the Ain, 2003 treating it as part of principal loan amount and also fixing the rate of interest to be accrued at different stag......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ..Category: Others | Date: | Hits: 104
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
....ibit 2 and the counterfeit note as Material Exhibit 1. In cross-examination he stated that after proper examination of the note he submitted a report. 14. PW 3 Sub-Inspector Md. Abul Hossain partly investigated the case deposed that during investigation he visited the place of occurrence, p......eport he (PW 1) lodged the first information report, which was recorded as Kotwali Police Station Case No. 13 dated 12-3-1991 corresponding to GR No. 75 of 1991. 3. The police after investigation submitted charge sheet against the appellant under section 25 A of the Special Powers ..Category: Criminal Law | Date: | Hits: 40
A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)
....ed for quashment of the entire proceeding. This matter appeared before us on 27-8-2005. Thereafter, this matter appeared on 17-10-2005, 15-11-2005 and from 28-11-2005 this matter appeared as heard-in-part and thereafter, this matter appeared on 5-12-2005, 29-1-2006 and also in today's list when in......s Court. Since there is some material on record speaking complicity of the accused petitioners, we are of the view that the allegations made in the first information report, found prima facie true on investigation by police and the learned Magistrate being satisfied, framed charge, in such situation..Category: Criminal Law | Date: | Hits: 29
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
.... 2. Short facts leading to this Rule are that the petitioners as plaintiffs instituted the Other Class Suit No. 458 of 1976 in the Court of the Subordinate Judge, Dinajpur, impleading the opposite parties as defendants for declaration of title to the suit property. On transfer, the same was re-nu......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....he Appellants. Md. Kamrul Islam Siddique with Md. Bazlul Kabir Advocates—For the Respondents. Appeal from Original Decree No. 333 of 1997. Judgment SK Sinha J.- Opposite party No. 1 preferred this appeal from the judgment and order dated 9-10-97 of the District Judge, K......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ..Category: Property Law | Date: | Hits: 68
Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)
.... of this petitioner company. 3. The facts necessary for disposal of this Rule, in short, are as follows : The respondent No. 2 was Working as a Typist-cum-Clerk (Grade-2) in the Store Department of the petitioner company; On 29-1-2001 a show cause notice was served upon the respondent ......ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ..Category: Labour and Industrial Law | Date: | Hits: 114
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
.... was felt that the LC records are not necessary to hear and dispose 6f the Rule. So, the Rule be treated as ready and the same be taken up for hearing. 2. Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order, dated 27-8-2005, passed by the Addi......been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ..Category: Civil Law | Date: | Hits: 82
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
....e records of the cases as are available. We have also read the decisions cited. In order to appreciate the submissions of the learned Advocates, we need to read the relevant provisions of the Act, in particular, sections 18,19,30 and 30A of the Act, which we would do a little later. 13. Befo...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....tul Hadith Course from Madrasah Muhammadia Arabia in "Dhaka but it was not in any way a course for public examination under any Board or University. The Dawratul Hadith Course is a religious course imparted in the private religious institutions established by religious philanthropists. Attracted by ......thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
.... of the minor who was all through living with her. After divorce, she did not marry a second time. Citation was accordingly made against those heirs of deceased Shahabuddin Ahmed Khan. 3. Opposite party No. 1, who was a Subordinate Judge at the time, alone opposed the application. His main object......fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156...Category: Property Law | Date: | Hits: 36
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
....rehended from the road, and that as he refused to become a witness, PW 5 implicated him as an accused. 10. Md. Idris (PW 8) is a constable. He corroborated the prosecution story in material particulars and stated that he accompanied PW 5 and PW 14 at the time of raiding the house of Siddiq...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549...Category: Criminal Law | Date: | Hits: 90
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
.... passed by the Senior Assistant Judge, Second Additional Court, Dhaka in Title Suit No. 172 of 1997 decreeing the suit. 2. The petitioner as plaintiff filed the above suit against the opposite parties for directing the defendant No. 2, the Deputy General Manager, Rupali Bank, to accept his jo......84 the defendant No. 3, Manager of that branch of the bank, lodged First Information Report at Sonagazi Police Station against him and Kutubuddin, the cashier of that branch of the Bank. Police after investigation submitted charge sheet against him and Cashier Kutubuddin. They were tried by the Dist..Category: Criminal Law | Date: | Hits: 29
Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)
.... 8-5-1983 with a view to exclude them from the management of the affairs of the Company. He and his father filed the above suit and obtained an order of status quo so that they could continue to take part in the management of the affairs of the Company. In spite of such order of status quo Jalal Udd......n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141...Category: Company Law | Date: | Hits: 222
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....ervice of notices upon the petitioner by the Bankruptcy Court no written objections under section 27 of the said Act was filed by the petitioner in any of the cases and no evidence was adduced by any party and, as such, there was no scope for dismissal of the plaint under section 28 of the said Act ......ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138...Category: Civil Law | Date: | Hits: 78
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