Search Options
Judgment Advanced Search
Displaying 3301-3320 of 6825 results.
Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)
....equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ......o doubt, the order directing to furnish bank guarantee is an independent order but it is made in consequence of the order of attachment and where the order of attachment itself cannot be sustained in law the consequential order for security has no leg to stand on in law. This view of mine finds supp..Category: Civil Law | Date: | Hits: 75
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. ......here can never be any conviction on circumstantial evidence. In other words, the prosecution cannot prove its case by circumstantial evidence. Such a concept is contrary to time honoured principle of law regarding circumstantial evidence. Here in this case before us, it is found from a consideration..Category: Criminal Law | Date: | Hits: 66
Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
....desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ......uffer from any illegality and that the impugned order being in consonance with the provision laid down in Article 168 of the Limitation Act and as such impugned order cannot be held to be contrary to law. The learned Advocate continued to urge that application for readmission of the Title Appeal No...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. ......iyan, learned counsel contended that the view of the High Court Division in drawing adverse presumption against the appellant merely on the ground of absence of kabinnama is based on misconception of law. According to the learned counsel, in view of the concurrent findings that the appellant and the..Category: Family Law | Date: | Hits: 318
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. ......mplainant on inquiry came to learn on 12.8.85 that the accused had been staying in a hotel at Chittagong and he sent his son P.W.3 Mizanur Rahman to Chittagong. P.W.3 and complainant's brother‑in‑law P.W.2 Sakhawat Hossain, a businessman of Chittagong traced out the accused on 13.8.85 in a hotel..Category: Criminal Law | Date: | Hits: 69
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.......ny independent evidence and therefore, the prosecution has not been able to prove the prosecution case beyond reasonable doubt and, as such, the order of conviction and sentence is not sustainable in law. 9. As against this, the learned Assistant Attorney‑General, Mrs. Snigdha Huq, submits that..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.......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...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.
...... (Annexure-B) and Memo No.2(9)Cus‑5/94/2042 dated 16‑10‑97 issued by respondent No.3 under the signature of respondent No.4 (Annexure‑B‑1) should not be declared to have been passed without lawful authority and is of no legal effect.
2. Facts relevant for the purpose of disposal of this..
Category: Business or Commercial Law | Date: | Hits: 209
James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)
....993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ......hether in the facts and circumstances of the case the Tribunal was justified in holding that the Convention is a guideline and the Deputy Commissioner of Taxes is to make assessment as per fiscal laws of Bangladesh. 5. Whether the Tribunal was right in the interpretation of Act 7(3) of the Co..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. ......ith section 149 and 307 read with section 149 and convicted them accordingly as stated hereinbefore. 31. Mr. BM Elias on behalf of the appellants submitted that the learned Sessions Judge erred in law in convicting the appellants under section 302 read with section 149 in the absence of any evide..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. ......a' list of abandoned properties vide notification in the Official Gazette which has already been referred to above. According to the petitioner, the above enlistment is absolutely illegal and without lawful authority as the disputed house does not answer to the description of abandoned property as d..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.......Chandra Biswas, learned Advocate appearing for the contesting defendant‑respondents, submitted that the execution and attestation of the will in question have not been proved as per requirements of law under section 63 of the Succession Act and sections 67 and 68 of the Evidence Act. He further su..Category: Property Law | Date: | Hits: 78
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. ......High Court upheld the order under which the leave was given after the framing of the issues. On the question of temporary injunction, Mr. Pal contends that the learned judge has committed an error of law in not bolding that the plaintiff would suffer irreparable injury if the part‑result of the el..Category: Civil Law | Date: | Hits: 104
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. ......t is necessary to claim recovery of possession. Mr. Matiar Rahman the learned Advocate appearing for the appellant submits that the defendant‑respondents are not trespassers; rather by operation of law they treated the property as enemy/vested property. Now the Court declared that it is not enemy/..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. ......ne year from the date of decision of the acquiring authority, or from the date of award of compensation and secondly, a previous decision based on different cause of action and also on a provision of law which is not applicable will be barred by the principle of res judicata in a subsequent writ pet..Category: Property Law | Date: | Hits: 93
Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)
.... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ...... be ascertained only on evidence and therefore the petition under Section 561A of the Code of Criminal Procedure is misconceived. The High Court Division discharged the Rule on correct principle of law and we find no illegality in the judgment and order passed by the High Court Division and accord..Category: Criminal Law | Date: | Hits: 85
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. ......d judgment that "the appellant did not face the trial and as such cannot now challenge the finding of the trial court on facts" needs to reviewed by this Court in view of the established principle of law as already decided by our Supreme Court; the appeal is continuation of the trial and as such the..Category: Criminal Law | Date: | Hits: 89
Abdul Alim Akondo Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....acts and circumstances of the case, we find no reason to disturb the same. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 417.......l Order No.3389 of 2008. Hence this leave petition. 4. Mr. S. N. Goswami, the learned Advocate, appearing for the petitioner, submits that the impugned judgment are based on total misconception of law and contrary to the evidence brought on record and the learned Single Judge of the High Court Di..Category: Property Law | Date: | Hits: 61
Sreemoti Shipra Shaha Vs. Judge, Artha Rin Adalat No.3, Dhaka and others, 2009, 38 CLC (AD)
....the above, we find no substance 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)149.......petitioner by the impugned order. 3. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the impugned judgment and order of the High Court Division is bad in law and fact; that the High Court Division based on surmise, conjecture and extraneous circumstances..Category: Civil Law | Date: | Hits: 94
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146....... register the sale deed. 3. The defendant No.1 contested the suit and filed written statement denying the material allegations made in the plaint and contending that the plaintiff is his sister in law and being a solvent person she used to give loan to others and thereby earn interest and the def..Category: Property Law | Date: | Hits: 54
55255524552355225520551855165515551455135512551155095507550555045502550154995498