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Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....ion 188 of the Sea Customs Act provides that "Every order passed in appeal under this Act shall subject to the power of revision conferred by section 191 be final". We are to see whether in the above facts and circumstances and position of law plaintiff‑respondent's suit was maintainable or not or......is also Reported in: 45 DLR (HCD) (1993) 669....... jurisdiction to entertain the suit and was not justified in passing the impugned decree. 5. Mr. MA Aziz, learned Advocate appearing with Mr. M Rezaul Karim Advocate, submitted that in view of the evidence on record and position of law as to burden of proof in the matter order of confiscation of ..Category: Fiscal/Taxation Law | Date: | Hits: 125
Mojibar Vs. State, 1998, 17 CLC (HCD)
....er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ......ain, Assistant Attorney-General — For the State. Criminal Appeal No.1119 of 1997. Judgment Md. Nurul Islam J.- This appeal by the accused appellant Mojibur is directed against the judgment and order dated 30-4-1997 passed by the learned Assistant Sessions Judge, 3rd Court Barisal in Sessi......falsely been implicated in this case. Prosecution side examined 8 P.Ws. including the complainant, Investigating Officer and the Magistrate. The learned Assistant Sessions Judge after considering the evidence on record found the accused appellant and another guilty under sections 395/397 of the Pena..Category: Criminal Law | Date: | Hits: 78
Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)
....eneral contended that allegation of the petitioners that informant influenced the entire Banaripara thana has no basis and no such allegation was made in the petition of complaint. From the aforesaid facts it appears to us that petitioners tried to make a mountain out of a mole hill and giving polit......-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506...Category: Criminal Law | Date: | Hits: 84
Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
....ed 25-11-95 passed in Title Appeal No.18 of 1995, arising out of the judgment and decree passed in Title Suit No.28 of 1991 by the Assistant Judge, Pirganj dismissing the suit on contest. 2. Short facts relevant for the purpose of the case are that, the petitioners as plaintiffs instituted a suit......ned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504.......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504...Category: Procedural Law | Date: | Hits: 91
Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)
....e Investigating Officer and the informant could not be relied upon. Obviously, the reasons given for not relying upon the evidence of the informant and the Investigating Officer are very reasons. The facts and circumstances of the instant case before us are totally different. Here, we have found tha......connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......passengers in the trawler but they were falsely implicated by the officer-in-charge for his personal gain and credit. The accused persons also examined one witness as DW. After considering the entire evidence, the Tribunal found accused persons guilty of the charge and convicted and sentenced them a..Category: Criminal Law | Date: | Hits: 59
Ismail Vs. State, 1999, 18 CLC (HCD)
....rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497....... Md. Mustafa, Assistant Attorney-General — For the State. Criminal Appeal No. 1026 of 1992. Judgment Md. Hamidul Haque J.- This appeal is directed against the Judgment, order of conviction and sentence passed by the learned Additional Sessions Judge, Mymensingh in Sessions Case No.130/94 ......rial was held in absentia. Charge was framed under section 302 of the Penal Code and thereafter a State defence was appointed to defend him. Prosecution produced 12 witnesses. On consideration of the evidence on record, the trial Court found the accused guilty under section 302 and sentenced him as ..Category: Criminal Law | Date: | Hits: 74
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....e No.20 of 1997 rejecting the application of the petitioners under section 151 of Code of Civil Procedure for restoration of possession on the ground that no executable decree was passed. 2. Short facts relevant for the purpose of the case are that, the predecessor-in-interest of opposite party N......Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ..Category: Civil Law | Date: | Hits: 66
Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
....ed, but police obtained their confessional statements out of physical torture and duress which is not at all true and voluntary. 7. Thereafter in consideration of the evidence on record as well as facts and circumstances of the case the learned Assistant Sessions Judge found the accused-appellant....... Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488....... After close of the prosecution witnesses, the accused persons were examined under section 342 of the Code of Criminal Procedure to which they repeated their innocence. The defence did not adduce any evidence on their behalf. 6. The defence case, as could be gathered from the trend of cross-exami..Category: Criminal Law | Date: | Hits: 70
Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)
....assed by the Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Suit No.393 of 1987 exempting the plaintiff from the necessity of impleading 36 persons as defendants in the suit. 2. Short facts relevant for the purpose of the case are that opposite party No.1 as plaintiff instituted a su......in: 51 DLR (HCD) (1999) 486. ......rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ..Category: Procedural Law | Date: | Hits: 67
Tahmid Ahmed Vs. Jalaluddin Jafar Ali Husein, 1999, 18 CLC (HCD)
....ds raised in the application for review are not the grounds as contemplated in rule 1 Order 47, review application merits no consideration. 6. It is noticed from the record that this Court, in the facts and circumstances of the case, by order dated 19-3-1998 condoned the delay and directed the pe......ner Vs. Jalaluddin Jafar Ali Husein………………………..Objector Judgment May 27, 1999. Result: The review application is not allowed. Cases Referred to- Maqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and others, 48 DLR (AD) 82; 50 DLR 429; 51 DLR 118; 48 DLR (......ise closed and concluded by a proper hearing, vide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483...Category: Company Law | Date: | Hits: 186
Almas Miah Vs. State, 2002, 31 CLC (HCD)
....ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ...... Result: The appeal is allowed. Jail Appeal No. 3363 of 2001. Judgment Md. Abdur Rashid J.-This appeal was presented under section 420 of the Code of Criminal Procedure against judgment and order dated 2‑7-2001 passed by Mr. Abul Hossain Khandokar, Assistant Sessions Judge, Court N......into the hands of an innocent citizen without the slightest of his knowledge and he may so use it without knowing or having reason to believe it to be forged or counterfeit. 12. Where there was no evidence that the currency note in possession of the accused was of such nature or description or lo..Category: Criminal Law | Date: | Hits: 87
.... Imman Ali J. - This Civil Petition for Leave to Appeal is directed against the judgment and order dated 24.11.2009 passed by the High Court Division in Writ Petition No. 1834 of 2009.
2. Relevant facts, in brief, are as follows:
3. Respondent No.1 the writ-petitioner is a trade union and coll......ra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Muhammad Imman Ali J
Muhammed Mamtaz Uddin Ahmed J
Md. Shamsul Huda J
Bangladesh Chemical Industries Corporation (BCIC) and another ..........Petitioners
Vs.
Zia Fertilizer Company Limited Workers and Employees Uni......all file the concise statement to make the appeal ready for expeditious hearing.
The appeal is fixed for hearing on 23rd August, 2011.
Ed.
This Case is also Reported in: VIII ADC (2011) 567.
..
Category: Company Law | Date: | Hits: 366
....n in Writ Petition Nos.7911 of 2010, 4780 of 2010, 8492 of 2010, 8735 of 2009 and 8734 of 2009 disposing of the Rules.
2. The above mentioned writ-petitions involving similar questions of laws and facts have been heard together and as such are being disposed of by this common judgment.
3. Brie......resent:
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
The Chief Engineer, the Local Government and Engineering Department, LGED Bhaban, Agargaon, Shere-E-Bangla Nagar, Dhaka………………….......e on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave petitions are summarily dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 562...
Category: Employment/Service Law | Date: | Hits: 66
Abu Sayeed Sheikh and others Vs. Md. Majibur Rahman and others, 1998, 17 CLC (HCD)
....receipt of this order. The order of stay granted earlier by this Court stands vacated. Send down the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289.......the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289.......ode of Civil Procedure and the same has occasioned failure of justice. The learned Advocate further submits that the learned court of appeal below erred in law in directing the trial Court take fresh evidence while sending the case back on remand to the trial Court and the same has occasioned failur..Category: Property Law | Date: | Hits: 75
Abdul Majid Mondal Vs. State and another, 1999, 18 CLC (HCD)
.....2 to show cause as to why the judgment and order dated 15-6-98 passed by the Additional Sessions Judge Rangpur in Criminal Revisional Case No. 95 of 1996 should not be quashed. 2. Shortly, stated facts are that the petitioner in this Miscellaneous Case and the opposite party No.2 made two Genera...... DLR (HCD) (1999) 287.......ming the order of the learned Magistrate is quashed. Stay order granted by this court stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 287...Category: Criminal Law | Date: | Hits: 237
Zenith Packages Ltd. Vs. Member, Labour Appellate Tribunal and others, 1999, 18 CLC (HCD)
....mployer and the collective bargaining agent of the workers to arrive at a settlement to avoid industrial unrest and to maintain industrial peace in the larger interest of the society. In the above facts and circumstances of the case we find no merit in this Rule. In the result, the Rule is dis......ivision (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Mozammel Hossain J Zenith Packages Ltd.………………Petitioner Vs. Member, Labour Appellate Tribunal and others.……………….Respondent Judgment May 24, 1999. Result: The Rule is di......he Rule is discharged with cost of Taka 5,000.00 (five thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284...Category: Labour and Industrial Law | Date: | Hits: 168
Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)
.... misappropriated gallons Diesel Oil and 11.4 gallons mobil oil valued Taka 48,405.00 and the same was detected at the time of inspection that was held on 24-7-1983. In the background of the aforesaid facts District Anti Corruption Bureau, Mymensingh lodged a FIR on 22-10-1991 and thereupon Bhaluka P......d at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ...... of the proviso to section 3 of the Prevention of Corruption Act, it did not necessarily follow that the subsequent trial was vitiated. 8. “The trial court has to decide the case on the basis of evidence led before it, and the mere fact that the agency which collected such evidence was in law n..Category: Criminal Law | Date: | Hits: 75
Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)
....us imprisonment for 6 months and also convicting them under section 427 of the Penal Code and sentencing him thereunder to suffer for 3 months and the sentences were to run consecutively. 2. Short facts relevant for the purpose of the case are that, complainant Kasem Ali Bepari filed a petition o......wer Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278.......ty and claimed to be tried. 4. At the trial the prosecution examined 5 witnesses in support of this case and the defence examined none. 5. The learned Magistrate on careful consideration of the evidence on record found the accused petitioners guilty under sections 447/379/447 of the Penal Code..Category: Criminal Law | Date: | Hits: 73
AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)
.... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274.......l Procedure, Deputy Commissioner, Dhaka has been called upon to show cause as to why the order dated 5-6-1990 passed in Anti-Corruption Tribunal Case No.1 of 1990 of the Court of Senior Special Judge and Senior Special Tribunal (Anti-Corruption), Dhaka refusing to discharge the accused-petitioner fr...... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274...Category: Criminal Law | Date: | Hits: 62
Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)
....hit by the gun shot in the field and then rushed to the courtyard of Mannan and fell the dead as deposed by the witnesses. But investing officer did not record the evidence of the conformity with the facts revealed from the circumstantial evidence found by him in the sketch map, index and seizure li...... 51 DLR (HCD) (1999) 268. ......ister of P.W.4 Asad and in the melee victim was murdered and his mother Hasen Banu and nephew Asad were injured. 5. Prosecution examined 15 P.Ws. but defence examined none. On consideration of the evidence on record trial Court acquitted the accused opposite parties by the impugned judgment. Bein..Category: Criminal Law | Date: | Hits: 64
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