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Shamsuddin Vs. The State, 1990, 19 CLC (HCD)
....nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......ed quarter but there was no specific suggestion about that interested quarter and it was only a suggestion without any basis and there is nothing on record to disbelieve or doubt his evidence. So, in view of convincing evidence of P.W.10 we hold that deceased Rozina Khatun has been murdered and she ..Category: Criminal Law | Date: | Hits: 66
Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
....dered the material, on record, facts and circumstances and the legal aspects of the matter I am led to the conclusion that the learned District Judge did not commit any error of law which resulted in erroneous decision occasioning a failure of justice. I do not think that I have a power to extend......d for hearing but the learned District Judge without applying his judicial mind dismissed the Misc. Case No.26 of 1988 on account of not taking steps and as such the order does not come within the purview of rule 17 or 18 of the Order 41 CPC. It is further submitted that as the order of the learned ..Category: Procedural Law | Date: | Hits: 74
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......nce on record as to the solemnization of a legal marriage between the appellant and the respondent in exercise of revisional jurisdiction. 6. Dr. Rabia Bhuiyan, learned counsel contended that the view of the High Court Division in drawing adverse presumption against the appellant merely on the g..Category: Family Law | Date: | Hits: 318
....s of the said Union Parishad in the last week of January, 1992.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 581.
...... under section 6(1) of the said Ordinance shall be for a period of three years commencing on the day of its first meeting on 15.1.89 held under the Chairmanship of Acting Chairman Janab Torab Ali. In view of the clear provision made in the said section 6(1) the term of a Union Parishad is not to be ..
Category: Election Law | Date: | Hits: 129
Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)
....sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ......to deceive, therefore, must be established to justify conviction for cheating. It is to be mentioned, however, that intention to cheat is to be gathered from surrounding circumstances.” The said view was also subsequently reiterated by our Appellate Division in the case of Nasiruddin Mahmud and..Category: Criminal Law | Date: | Hits: 69
Abdul Jabbar Khan and others Vs. Sreela Sreejukteswar Radha Madhab Thakur Jiew, 1993, 22 CLC (HCD)
....tition within one month from the date of receipt of this judgment. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 577. ......n the landlord and the tenant on inspection of the documents referred to in the plaint. 4. Mr. Jagodish Chandra appearing on behalf of Mr. L. Gomej felt difficulty to support the impugned order in view of the requirement of Or. 7, r 15 CPC and in view of the statement made in Annexure ‘B’ to ..Category: Property Law | Date: | Hits: 55
Gias Uddin Vs. State, 2002, 31 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328.......ly found dead an obligation is cast the defence to account for the circumstances leading to the death of the deceased failing which the husband will be responsible for the death of the deceased. This view finds support in the decision of State Vs. Kalu Bepari reported in 43 DLR 249, where it was hel..Category: Criminal Law | Date: | Hits: 51
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
....m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......Vs. State reported in AIR 1961 J & K 11. In that case it has been observed that: "The question as to who is person in authority does not seem to be free from difficulty. There is no doubt the view of the Patna High Court that a person in authority is one who is in charge of prosecuting, cond..Category: Criminal Law | Date: | Hits: 62
.... inordinate delay speaks a volume against the Customs authority.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 322.
......s on the basis of the documents submitted by the petitioner. No further order in this respect is necessary.
14. The Learned Assistant Attorney-General has argued on the point of maintainability in view of alternative forum. In this Writ Petition the dispute is not one arising out of mere assessme..
Category: Business or Commercial Law | Date: | Hits: 209
James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)
.... the decision of the Taxes Appellate Tribunal, given in ITA No 2109 of 1991‑92, but questions the legality of its decision given in ITA No. 2293 and 2294 of 1987‑88. She submits that the Tribunal erroneously held in ITA Nos. 2293 and 2294 of 1987‑88 the status of the company to be resident and......en delegated to them by the Head Office in the UK but this finding is based on pure surmise and conjecture. The Tribunal erred in holding that the company has resident status in Bangladesh taking the view that its effective management is in the hands of the executives in Bangladesh so far its Bangla..Category: Fiscal/Taxation Law | Date: | Hits: 120
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ...... every person who, at the time of committing of that offence, is a member of the same assembly, is guilty of that offence." 46. After close scrutiny of section 149 of the Penal Code, we are of the view that the section creates a distinct and separate offence in the sense it imposes vicarious or c..Category: Criminal Law | Date: | Hits: 60
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......sain Ahmed, the learned Assistant Attorney General, has not seriously disputed the submission of Mr. Farooqui on the question of merit but has contended that this writ petition is not maintainable in view of clause (2) of Article 102 of the Constitution as the petitioner had an equally efficacious r..Category: Property Law | Date: | Hits: 75
Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)
....e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567.......ahim, learned Advocate appearing for the appellant, placed before us the plaint, written statement, deposition of the witnesses, impugned judgment and other materials on record. He submitted that in view of admission of contesting defendants in paragraph No.4 of the written statement that the thumb..Category: Property Law | Date: | Hits: 78
Azizul Haque Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....diate and Secondary Education, Dhaka, however, may constitute an ad‑hoc committee in terms of Regulation 8 of the said Regulations. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 566. ......10 or 20. The instant case is covered by Regulation 8 and so an ad‑hoc committee is to be constituted for a period not exceeding 6 months for the purpose mentioned in that regulation. 7. In this view of the matter, the Rule is made absolute, without any order as to costs and the formation of th..Category: Civil Law | Date: | Hits: 89
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
.... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ...... resulting in error in his decision occasioning failure of justice, in not rejecting the plaint. The impugned order refusing to reject plaint of the suit is therefore liable to be set aside. 9. In view of the order which I am going to pass allowing the defendant's prayer for rejection of the plai..Category: Civil Law | Date: | Hits: 104
Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)
....em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ......equently filing petition for time on the ground of engagement in another Court and non‑appearance before the Court is nothing but professional misconduct on the part of the learned Advocate. In our view, further hearing of the suit after remand is continuation of the original trial in which the de..Category: Property Law | Date: | Hits: 57
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ......s the appellant before this Court. Plaintiff claims right and title over the suit property by purchase. We need not go into the detailed discussions in respect of right and title, of the Plaintiff in view of the fact that the plaintiff filed title Suit No.222 of 1976 and in that title suit she got a..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
.... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ......n though made some superficial observations regarding the writ petitioner's failure to deposit the compensation money in accordance with law but made the rule absolute mainly on the reasoning that in view of the earlier judgment of the High Court Division passed in Writ Petition Nos.462, 529 and 263..Category: Property Law | Date: | Hits: 93
Momtaz Begum Vs. Md. Anwar Hossain, 2007, 36 CLC (AD)
....above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ...... be adjudged at the time of framing charge and the same is decided at the time of trial in the light of evidence that may be adduced by the parties in support of their respective contentions. In view of the above, we find no substances in the submissions of the learned advocate for the petiti..Category: Criminal Law | Date: | Hits: 165
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....gs and submissions of learned Advocate for the appellant, we find no substance in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 423. ......eady undergone the sentence and paid the fine. 6. Be that as it may, feeling aggrieved by the judgment and order dated 20.08.2003 of this Division the appellant has now come up with the criminal review petition, which was granted by this Division on 20-08-2006. Hence, this appeal. 7. Mr. Khand..Category: Criminal Law | Date: | Hits: 89
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