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Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....upreme Court. According to that standard the circumstances relied upon in support of the conviction must be fully established and the chain of evidence furnished by those circumstances must be so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ..Category: Criminal Law | Date: | Hits: 74
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....titioner No.7001 of 2001 challenging the Memo dated 2-12-2001. On 8-1-2002, the said Writ Petition was disposed of by the Hon'ble High Court Division with a direction to the concerned parties to complete inspection and measurement within two months. Thereafter, the LA Officer from 27-5-2002 - 6......inistry of Land, 4 BLC (AD) 257; State Trading Corporation of India, Ltd. Vs. Commercial Tax Officer and others and The Assistant Superintendent of Commercial Taxes, Bihar, AIR 1963 (SC) 1811; Brahmanbaria Paurashava Vs. Secretary, Ministry of Land Reforms, 51 DLR (AD) 84; Punjab Ali Pramanik Vs. Mo..Category: Civil Law | Date: | Hits: 170
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....esented for registration, because after execution of the deed the office was closed. Subsequently the grand mother Soleman Nessa became ill and ultimately died on 4-5-1986. However the transfer was completed by way of delivery of the Ewaz and delivery of possession of the land. But registration ......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....al evidence is sufficient to prove marriage when the plaintiff fails to prove the 'Kabinnama' according to law, the alleged marriage being flatly denied by the defendant. In the instant case there is complete failure on the part of the plaintiff to prove the alleged 'Kabinnama' according to law. Thi......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ..Category: Family Law | Date: | Hits: 140
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....i Sikder and another Vs. The State, 43 DLR (AD) 95 where it has been held that conviction of the appellants can safely be based on the solitary evidence of the eyewitness P.W.1. His evidence is full, complete and self-contained. It may not have received corroboration from other witnesses, but it sta...... (HCD) (2010) 138. ..Category: Criminal Law | Date: | Hits: 89
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
....ods; that there was exchange of firing for about 15 minutes before he was nabbed. 3. The informant, Inspector Sheikh Abdul Mannan himself, took up the investigation of the case and before he could complete the same he left the station on transfer and then some other officer namely Abu Bakar Siddi......n, they halted for some time on the Lakshmipur-Chowmuhani Highway to the west of Battali Bazar, that thereafter at about 3-15 AM when the force reached a place on the highway to the east of Matabi Darbar Sharif at a distance of 200 yards a gang of 10/12 persons proceeding speedily towards the east f..Category: Criminal Law | Date: | Hits: 92
....nt time, and that the respondent No. 8 submitted its proposal dated 29-12‑1997 to the Secretary, Ministry of Shipping, and the same was duly processed and that the Ministry of Shipping received a complete proposal from the respondent No. 8 in two(2) volumes, one volume under the caption "SSA Ban...... No. 8 for establishment of two private sector Container Port Terminals, one at Patenga, Chittagong and one at Pangaon, Dhaka, under BOO (Build Own and Operate) basis and the, integrated operation of barge service; and the respondent No. 8 was further requested to take necessary steps for immediate ..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
.... of the tax as was required under section 158(2) of the Ordinance. 5. On or about 24.05.2001 the petitioner made an application before the member (tax waiver and exemption), the Board at Dhaka for complete waiver from payment of the requisite tax under section 158(2) of the Ordinance. By the impu......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
....e connected Record of Right and has been paying rent to Government regularly.
II. M/s. Chameli Glass Works got interest on Suit property and as such its presence would be necessary for effecting a complete adjudication of the issue involved in Civil Revision Case and to secure the ends of Justice......DLR AD 308; Bashir Ahmed and others Vs. Ghulam Ali and others, 1991 SCMR 1656; Babor Ali Pramanik and others Vs. Mesar Ali Pramanik and others, (1994) 14 BLD (AD) 235.
Lawyers Involved:
M.A. Jabbar, Advocate - For addition of opposite parties.
Md. Nurul Amin with A.K.M. Shahidul Huq and Md...
Category: Property Law | Date: | Hits: 82
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....within the language of the enactment; Sayad Mir Ujmuddin Khan Vs. Ziaulnisa Begum, (1879) ILR 3 Bombay 422 PP. 430, 431 (PC). The words of such a statute must be so construed as to give the most complete remedy which the phraseology will permit; Gover’s Re. Coal Economising Gas Co. (1875)1 Ch......s by which this intention has been expressed, and in doing so the Court must see that it is giving effect to the interest and purpose of the statute in question. . . when the legislature has put an embargo to the Mayor of the City Corporation disqualifying him to contest the parliamentary election b..Category: Constitutional Law | Date: | Hits: 466
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....t any rhyme or reason. Subsequently, on the mutual consent of the parties, the time schedule for completion of the work on the project was extended. It has been contended that the plaintiff could not complete the work of the project due to the devastating cyclone on 29‑4‑91, which caused extensi......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ..Category: Alternative Dispute Resolution | Date: | Hits: 543
....that the plaintiff is not bound by any action of the alleged committee to have taken after the filing of the suit in 1969 and such actions are bad in law and suffers from principle of Lis pendens, as completed under section 52 of the Transfer Property Act and the alleged recording of name of the all......opted Baishnab and took the name Ramani Mohan Das Baishnabi and he had installed the deities namely Gopal Jew Moha Prabhu Akhra of Raikhal in his own homestead and his homestead had turned into Akhra bari which was known as Gopal Jew Moha Prabhu Akhra of Rakhail. To make a permanent arrangement for ..
Category: Property Law | Date: | Hits: 102
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
....rmance of contract Where a party seeks to enforce specific performance of contract, the Court must be satisfied that there is a concluded contract, in fact, that the contract so concluded is not incomplete by reason that the parties have failed to agree, expressly or by implication, on some essen......) Case Referred to- Jamshed Khodaram Irani Vs. Burjorji Dhunjibhat, 40 ILR (PC) 289; Jamshed Khodaram Irani Vs. Burjorji Dhunjibhat, 20 CWN 744; Mahadeo Prosad Agarwala Vs. Narain Chandra Chakrabarti, 30 CLJ 224; Koylash Chandra Doss and others Vs. Tariney Charan Singhee and another, ILR 10 Ca..Category: Civil Law | Date: | Hits: 138
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....e controversy as to what is and what not a valid waqf is. But there is hardly, if ever, any controversy about restriction on the power of a Mutawalli to make a permanent disposal of the wakf property completely dedicated to the religious or charitable purposes to the extinction of its underlying p......t do directly). Accordingly, the present suit as framed, though made to look like a suit for declaration simpliciter, is one seeking to challenge the acquisition by implication, cannot circumvent the bar put by law…………………(30) Cases Referred to- Surat Sardar Vs. Afzal Hossain, 49 ..Category: Trust/Waqf Law | Date: | Hits: 114
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
....ne of the prime objects of the cases of public interest and thereby possibility of a wrong decision altogether cannot be ruled out……………………………(16) What the Judge should do to complete the trial within 135 working days? Speedy trial despite best effort, may not complete t......solute with observations. Why the Druta Bichar Tribunal Ain, 2002 was promulgated? This Ain was promulgated to ensure speedy tail so that an accused may not languish days unnecessarily behind bars or may not be hanging in the name of trial for unlimited period, this Ain was promulgated keepi..Category: Procedural Law | Date: | Hits: 84
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....n the inquiry proceeding to support his case, purportedly acting under the undue influence of the Respondent No.2 and 3, submitted a biased and motivated report on 20.5.1996 against the petitioner in complete disregard to justice and fair play. Thereafter, by a notice dated 26.5.1996, Respondent Nos......he same footing, were lightly punished only with 'Censure' and still they have been serving under the Respondent No.1. Mr. Saha further submits that under Rule 10(8) of the aforesaid Rule there is, embargo that the Enquiry Officer shall not recommend for any sort of punishment and it will only inq..Category: Labour and Industrial Law | Date: | Hits: 2706
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....vealed that the plaintiff’s account did not have sufficient fund to honour the same. The said two cheques bore no appearance of forgery in any way. The money was paid against those two cheques with complete honesty and diligence without any negligence. They had taken all necessary steps to bring t......at, as the differences in the signatures, in the colours and sizes of the cheques were not immediately detectable, D.W.1 would not be able to identify the said differences so instantaneously with his bare vision. He also submitted that the banks bear a particularly distinctive responsibility as the ..Category: Criminal Law | Date: | Hits: 130
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
....f necessary parties in their written objection the onus was on the preemptor‑opposite parties to rectify defect of parties by impleading all the necessary parties before the trial for effective and complete adjudication of the claim of pre‑emption. Learned Advocate referred to the case of Abdus ......s. Hari Mohan and others, 36 DLR (AD) 1; Derasatullah and others Vs. Manik Mondal and others, 36 DLR (AD) 88. Lawyers Involved: Jyotirmoy Narayan Deb, Advocate ‑ For the Petitioners. MA Jabbar, Advocate ‑ For the Opposite Parties Nos.1‑3. Civil Revision No.660 of 1993. Judgment ..Category: Property Law | Date: | Hits: 155
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....ression occurs. It is not desirable nor permissible to pick out a word or sentence from a Judgment of Superior Court divorced from the context of the question under consideration and treat it to be a complete law declared by Court. 16. In the backdrop of resume of facts, evidences, materials on r......dants-Petitioners had knowledge of institution of Suit and Plaintiffs-Opposite parties having failed to show otherwise. Courts below committed serious error of law and facts in holding the case to be barred by limitation. 14. Contentions so raised have been hit back from side of Plaintiffs-Opposi..Category: Procedural Law | Date: | Hits: 120
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
....o the suit on either of two grounds. (i) he ought to have been joined as plaintiff or a defendant, and is not so joined; or ii) without his presence, the question involved in the suit cannot be completely decided. 16. The object underlying this provision is to bring before the Court, at the......nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ..Category: Property Law | Date: | Hits: 85
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