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Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......ence is hearsay since the victim did not give evidence and is, therefore, to be left out of consideration as being inadmissible. In this regard the learned Deputy Attorney-General has referred to the decision showing that hearsay evidence is admissible in certain cases as provided by the Evidence Ac..Category: Criminal Law | Date: | Hits: 35
Taju and others Vs. State, 2007, 36 CLC (HCD)
.... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ......s only on the basis of the fact that the accused persons absconded immediately after the occurrence. Substantiating this point the learned Advocate further contends that the Tribunal misconstrued the decision of Nizam Hazari vs State reported in 53 DLR 475 while conÂvicting the appellants relying o..Category: Criminal Law | Date: | Hits: 42
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....the relevant provision of the Code and Act and held that section 29 of the Act has made the provision of the Code applicable only so far they are not inconsistent with Provision of Act and in view of legislative intent to impose extreme punishment for grievous offences to prevent those offences the ......y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ..Category: Criminal Law | Date: | Hits: 43
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
....e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ......dence on record passed the impugned judgment and decree and that the impugned judgment and decree is not tenable in law, therefore, the same is liable to be set aside. 12. Mr. Zafor Ali, cited the decisions in the case of Mallikpur Fishermen's Cooperative Society LimiÂted vs. Secretary, Ministry..Category: Property Law | Date: | Hits: 28
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......ur of opposite party No.1 by his judgment and order dated 29‑8‑1993. Then in the appeal learned Subordinate Judge, 2nd Court, Mymensingh by his judgment and order dated 30‑7‑1995 reversed the decision of the learned trial Court and dismissed the pre‑emption proceeding. 5. Being aggrieve..Category: Property Law | Date: | Hits: 37
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ......ow rejected the petition by the impugned order dated 16-5-99 and fixed up next date on 6-6-99 for hearing without applying its judicial mind and thereby caused errors of law resulting in error in the decision occasioning failure of justice. 10. That the parties were the tenants under the petition..Category: Civil Law | Date: | Hits: 77
.... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires.
Ed.
This Case is also Reported in: 59 DLR (2007) 470.
......onal application was filed on 19-1-2006 and the judgment passed in Civil Revision No. 1701 of 2005 on 8-2-2006 has not decided about pending case before the learned District Judge. So, in view of the decision of the larger Bench, the jurisdiction of the District Judge in pending case was not taken a..
Category: Property Law | Date: | Hits: 34
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463....... did not approve book adjustment by the assessing officers on account of the book profit under section 115J of the Income Tax Act, 1961 (of India) in view of the consÂtruction of said section in the decision of the Supreme Court of India in the case of Apollo Tyres Ltd vs Commissioner of Income Tax..Category: Fiscal/Taxation Law | Date: | Hits: 99
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458.......n spite of his repeated reminders the respondents remained silent without disposing of the said application for issuance of an import permit. It appears that the respondent No. 1 has failed to give a decision on the petitioner's appliÂcation for import permit. It is asserted on behalf of the petiti..Category: Business or Commercial Law | Date: | Hits: 219
Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)
....e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ......f the offence against the accused petitioner is liable to be set aside or, in the alternative, the entire proceeding should be quashed. In support of his submissions, the learned Advocate relied on a decision reported in 28 DLR 389. 4. Mr. Khondker Mahbub Hossain, learned Advocate, appearing..Category: Criminal Law | Date: | Hits: 27
Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....o. 60220 is hereby declared to have been made without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 451.......in the circumstances, he submits that the inclusion of the name of the petitioner in the CIB list is illegal and should be ordered to be struck down . In this respect, he has drawn our attention to a decision reported in 1 Law Guardian page 434 as well as the unreported judgments of this court in Wr..Category: Banking Law | Date: | Hits: 125
....ders of stay is recalled and vacated.
Send a copy of this judgment to the respondent No. 3 for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 448.
...... cause notice, the respondents issued the impugned orders canceling his appointment as Nikah Registrar and the same is not sustainable in law. In support of his submission, he relies on an unreported decision in Writ Petition No. 1803 of2000 passed by a Division Bench of this Court wherein it has be..
Category: Civil Law | Date: | Hits: 77
Md. Ali Vs. State, 2007, 36 CLC (HCD)
....e thereunder. Said convict accused Lokman Hossair be treated to be at liberty if not connected with any other case. Records be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 441.......ide judgment dated 3-11-2002. 10. On appeal by accused Mohammed Ali, Metro-Sessions Judge Chittagong as appellate Court dismissed Criminal Appeal No 291/04 vide Judgment dated 2-9-04 upholding the decision of trial Court but reducing the sentence of appellant from 3 years RI to 2 years RI. 11...Category: Criminal Law | Date: | Hits: 30
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
.... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ......presentation that it was the proÂprietor of the mark since 1990, the registration of that mark is liable to be expunged on that ground of fraud alone. In this regard, learned Counsel referred to the decision in the case of Societe de Fabrication et de Distribution de Parfumerie et Cosmetique (DIPAR..Category: Intellectual Property Law | Date: | Hits: 187
Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)
....charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ......properly. The learned Joint District Judge also without going through the merit of the suit and discussing the evidence on record and without considering the registered deed erroneously supported the decision and finding of the learned Senior Assistant Judge, Narsingdi and illegally dismissed the ap..Category: Property Law | Date: | Hits: 40
Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ......ehalf of the respondent No. 1, submits that the petitioners were in the service of the Republic and that the instant Rule concerns their terms and conditions of service. He points out that as per the decisions in the cases of Mujibur Rahman vs. Bangladesh reported in 44 DLR (AD) 111 and Delowar Hoss..Category: Employment/Service Law | Date: | Hits: 107
Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)
.... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ......s that the Bureau of Anti-Corruption ought to have mentioned in the impugned notice the reference of the government letter of satisfaction. In support of his contention, the learned Counsel cited the decision in the case of Begum Tahmina vs. Government of the People's Republic of Bangladesh represen..Category: Anti-Corruption Laws | Date: | Hits: 150
Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)
....vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......low has not considered the material evidence, which were considered by the trial Court and without considering that the defendant No.1 failed to produce the original deed dated 22.02.1958 revered the decision of the trial Court; that it would appear from the order No.13 dated 04.08.1982 passed by th..Category: Property Law | Date: | Hits: 28
Shahjahan Ali (Md.) @ Md. Shahjahan Vs. State, 2007, 36 CLC (HCD)
.... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ...... the Penal Code and, as such, the appeal should be allowed and the accused-appellant be acquitted as the impugned judgment is not legal and proper. In this connection, learned Advocate has cited some decisions on "last seen" reported in 43 DLR (AD) 182 (State vs. Khasru), 11 DLR (SC) 365 (Shamsuddin..Category: Criminal Law | Date: | Hits: 29
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ......he learned Counsel lastly submits that the learned Judge of the Court of appeal below failed to weigh and sift the evidence as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 10. Mr. ASM Rahmatullah, the learned Advocate for op..Category: Property Law | Date: | Hits: 26
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