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Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....tly involved in the killing of his mother, it is observed, he was the conspirator which was exposed from his conduct. The High Court Division appears to have made out a third case. This conclusion is totally based on misconception of law, firstly, no charge of criminal conspiracy to commit murder ha......urt Division observed that the appellant failed to prove that he was not present at the place of occurrence when his mother was murdered, that the appellant did not try to rescue his mother, that his absence at the time of victim's inquest, post-mortem examinations the Sharadha ceremony and his absc......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ..Category: Criminal Law | Date: | Hits: 81
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ......suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ......suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ..Category: Property Law | Date: | Hits: 64
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ..Category: Property Law | Date: | Hits: 62
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
....anding Orders) Act, 1965 vide a letter dated 31-12-92 (Annexure—A), enclosed in which was a complete statement showing the amount payable to him as termination benefits and provident fund benefits, totaling Tk. 1,76,349.90 (Annexures B and B-1). Respondent No.1 received the amount in full and fina......) Deductions from the wages of an employed person shall be made only in accordance with the provisions of this Act, and may be of the following kinds only, namely: (a) fines; (b) deductions for absence from duty; (c) deductions for damage to or loss of goods expressly entrusted to the emplo....... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ..Category: Labour and Industrial Law | Date: | Hits: 255
Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)
....and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ......and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ......and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ..Category: Criminal Law | Date: | Hits: 83
State Vs. Abul Hashem, 1997, 26 CLC (HCD)
.... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ...... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ...... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ..Category: Criminal Law | Date: | Hits: 66
Giasuddin (Md.) Vs. Eastern Co-operative Jute Society Limited and others, 1997, 26 CLC (HCD)
....order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15.......order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15.......s of the Co-operative Societies Ordinance, 1984 is not a Court and, as such, has no power to pass ad-interim order of stay or injunction and, as such, the impugned order is wholly illegal and without jurisdiction. 3. Eastern Co-operative Jute Society Limited was registered on 14-12-1961 under the..Category: Alternative Dispute Resolution | Date: | Hits: 156
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....t they did not appear in Court neither deposed in Court. There were allegations that there is no proper light but others denied the said allegations. Therefore, the contention of both the parties are totally one opposite to the other and self‑contradictory. From the depositions of the parties, it ......een that the Tribunal had evidence before it which are contradictory on the point of valid counting of ballot papers, which valid and proper counting is very much related to valid election result the absence of which and proper counting had been stated in the election petition and in evidence when t......ade out a case for the recounting in the election petition. It is also vide the witnesses and, therefore, the Tribunal committed no error in directing for recounting of the ballots, travelling beyond jurisdiction for interference of this Court under certiorari. Mr. Islam also took us line by line to..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....n with an ulterior motive for any collateral purpose, in that case, the civil Court will be barred from entertaining any suit or application. In view of the above decisions, the civil Court shall not totally be incompetent to examine the propriety and legality of such mala fide order or action, part......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......he learned Assistant Judge failed to correctly understand and appreciate the provisions of sections 43 and 44 of the Acquisition and Requisition of Immovable Property Ordinance by which civil Court's jurisdiction has been excluded from calling in question any order passed or action taken by the Requ..Category: Property Law | Date: | Hits: 47
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......lso entitled to claim accounts of receipt and expenditure from the defendant petitioner. 15. Concurrent finding on facts based on appreciation of evidence is immune from interference in revisional jurisdiction. In this connection the decision in the case of Jasimuddin Khan Vs. Md. Ali Ashraf repo..Category: Property Law | Date: | Hits: 74
AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....y was gifted to him and her six children in equal share by his wife and the Deputy Commissioner of Taxes without considering the deed of gift included the entire income from the house property in his total income and made assessment thereon illegally. The Appellate Joint Commissioner of Taxes found ......we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ..Category: Fiscal/Taxation Law | Date: | Hits: 110
Tozammel Hossain Vs. Fatema Khatun and others, 1991, 20 CLC (HCD)
....as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......institute the suit. In this case the opposite‑party No.1 who is a subsequent transferee of the disputed premises from the landlord during the pendency of the suit cannot be held to be a landlord in absence of any agreement of tenancy made between the petitioner and her. Looking from this angle eve......as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ..Category: Property Law | Date: | Hits: 49
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
.... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ......ssued by the Bangladesh Inland Water Transport Authority, hereinafter referred to as the Authority, under rule 6(c) of the Authority removing the petitioner from service from 12.4.89 and treating his absence from 16.1.89 to 11.4.89 to be special leave without pay. 18. The case of the petitioner i......ollows: "(a) If an employee is dismissed or his service is terminated in contravention of a mandatory statutory provision, the employee has a right of action either in a superior Court in its writ jurisdiction or in a civil Court. (b) If the service of its employee is terminated in violation o..Category: Employment/Service Law | Date: | Hits: 116
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....the eye of law, the petitioner was tried without any charge having been framed read over to him and without asking him to plead i.e. whether he pleads guilty/not guilty and demands a trial which is a total negation of his fundamental right guaranteed under Articles 31 and 32 of the Constitution of t......ansferred to the Special Tribunal No.3 Bogra for trial who framed charge under sections 302/34 of the Penal Code read with Special Powers Act, 1974. As against the petitioner charge was framed in his absence allegedly on the plea that he was absconding. The prosecution examined 13 witnesses and by j......provided for in section 30 of the Special Powers Ac 1974 enabling the accused to prefer an appeal to the High Court Division (in the instant case the Appellate Tribunal), the question of invoking the jurisdiction of the High Court Division under Article 102 of the Constitution normally does not aris..Category: Criminal Law | Date: | Hits: 79
Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....ed in the Bangladesh Gazette Extraordinary dated 25-6-87 that the Government amended earlier SRO No. 233 dated 27-6-1986 in exercise of power under section 12A(1) of the Excise and Salt Act, 1944 and totally exempted MS Products of Classes (ii)(iii)(iv) manufactured in a factory other then re-rollin......oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ......mistakenly as VAT, on grounds of limitation provided therein, simply for the reason that while levying VAT on the item they did not act under the same law. The authorities concerned had acted without jurisdiction. Their attempt to invoke section 33 of the Customs Act and section 67(1) of the VAT Act..Category: Fiscal/Taxation Law | Date: | Hits: 164
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....writ petition that the unitary character of the State constitutes the basic structure of the Constitution. The CRT consisting of three districts, namely, Rangamati, Bandarban and Khagrachari covers a total area of 5,138 square miles which is one-tenth of the total territorial area of Bangladesh and ......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ..Category: Constitutional Law | Date: | Hits: 219
Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)
....n case and the court is not to give stress on the defence case. The defence would discharge its burden if from such circumstances a reasonable doubt, could be created. In the present case prosecution totally failed to prove its case required under law. The submissions of the learned Advocate for the......, it appears that the non‑mentioning of memo of TI parade, the basis of conviction of the accused appellant in his examination under section 342 Cr.P.C. has definitely prejudiced him inasmuch as in absence of the same he could riot explain the matter showing his innocence thereto. So, we are of op...... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ..Category: Criminal Law | Date: | Hits: 80
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....e Mymensingh Dhaka Coach Malik Samity and the dissolution of the executive committee of the Mymensingh Dhaka Coach Malik Samity by the Additional Secretary of the Bangladesh Sarak Paribahan Samity is totally illegal and without any lawful authority and that being the position the courts below commit......The last date of 'Elections’ was on 6‑8‑1992 for a period of 2 years expiring on 5‑8‑1994. 3. It has been stated by the defendant Petitioners that due to continual irregularities in the absence of proper elections and democratic norms, the defendant Petitioners applied to the Banglades......ure of justice. 22. Mr. Ziaur Rahman Khan has further submitted that the learned District Judge by granting a mandatory injunction at an appellate stage acted with material irregularity and beyond jurisdiction and hence the order in the decision is occasioning a failure of justice. 23. Mr. Kha..Category: Civil Law | Date: | Hits: 85
Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)
.... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ...... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ...... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ..Category: Property Law | Date: | Hits: 52
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