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State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)

....ctions 302/307 of the Penal Code. Thereafter, the condemned-prisoner was placed on trial before the Sessions judge, Luxmipur having been charged under sections 302/307 of the Penal Code. 4. At the time of trial, the prosecution has examined as many as 19 witnesses in support of the prosecution ca...... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ..

Category: Criminal Law | Date: | Hits: 96

Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)

....ase to the Court of Sessions for passing appropriate order under section 205C. His second contention is that after repeal of chapter XVIII of the Code, a duty is cast upon the Court of Session at the time of framing charge against an accused person to examine the record of the case for ascertaining ......order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ..

Category: Criminal Law | Date: | Hits: 49

HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)

....used to describe those events which involved no human agency and which it was not realistically possible for a human to guard against.……………………..(17) Cases Referred to- The Maritime Trader, Lloyds Law Reports (1981) Vol. 2. page 153; Messrs Sun Line Agencies Ltd Vs. MV Psilori...... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 314

Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)

.... of the Daily Ittefaq by a resolution dated 10-3-1972 in place of the petitioner. Mr. Mainul Hosein and Mr. Mainul Hosein became the Chairman of the Board of Editors as he wanted to spend more of his time in the profession of Law. 7. When the aforesaid daily was being published and run under t......on 14-12-2000 in Writ Petition No. 2746 of 1997. Mr. Rafique-ul-Huq has referred to a case reported in 4 BLC (AD) 114. This is a case of Mridul Kami Chowdhury Vs. Chittagong Steel Mills Ltd where pay scale of some Senior Assistants was the fact in issue. They got promotion from 13th grade to 12th gr..

Category: Information Technology Law | Date: | Hits: 324

Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)

....h Registrar should not be revoked as he had been serving at a Government Primary School as a teacher. It is also alleged that the petitioner created forged talaknama. The petitioner was given 7 day's time for filing reply thereof from the date of receipt of that notice to the District Registrar. The......ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ..

Category: Employment/Service Law | Date: | Hits: 81

Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)

....the petitioner being more vigilant and concerned about protecting Government revenue caused the issuance of the said letter dated 2-7-2001 (Annexure-H) as the importer was the same person. In the meantime, Honorway Textile and Apparels (Pvt.) Ltd. wrote a letter on 4-7-2001 (Annexure-I) informing hi......no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ..

Category: Criminal Law | Date: | Hits: 158

Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)

....that the opposite parties did not dispossess the petitioners from the scheduled land forcibly on 3-5-2003; that the opposite parties have been in possession of the scheduled land for a long period of time and that the opposite parties never violated the injunction nor did they make any construction ......s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100...

Category: Procedural Law | Date: | Hits: 77

Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)

....e to pay the money he got the first information report filed against them. 7. PW 4 is Belayet Hossain. He is the immediate neighbour of the accused. He stated that the occurrence took place at the time of Fazar prayer and on hearing hue and cry he went to the house of the accused and heard that M...... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ..

Category: Criminal Law | Date: | Hits: 96

Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)

....as granted to consider the fol­lowing submissions of the learned Additional Attorney General for the appellant: "I. that having regard to the fact that properties of the company at the materi­al time was owned and managed by the Government firstly, under the Acting President Order No.1 of 1972 ......ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ..

Category: Property Law | Date: | Hits: 128

Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)

....s 1981) was in opera­tion. They claimed that their services would be governed by the Rules of 1981. Accordingly, they prayed for a direction for fixing up their seniority, promotion, pay and status, time scale in accordance with the provisions of Rules, 1981 but the authority on a misconception of ......College, Rangamati Manila College, Laxmipur Mahila College and other Colleges on different dates. All of them have passed departmental examinations successfully and they were pro­moted to the senior scale. The aforesaid colleges were affiliated by the Boards of Secon­dary and Higher Secondary Educ..

Category: Employment/Service Law | Date: | Hits: 91

Chairman, Chittagong Water Supply & Sewerage Authority (CWASA) and others Vs. EPI-BFEW Consortium & others, 2010, 39 CLC (AD)

....as been working with Titas Gas T&D Co. Ltd. and Bakarabad Gas System Co. Ltd. Under Petrobangla and Roads and High Ways, and various other government and non-government organiz­ations for a long time. The writ respondent No.5 Project Director, Mohara Water Supply Project, Chittagong Water Suppl......ts. The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146. ..

Category: Others | Date: | Hits: 164

Md. Shafi Kha Vs. State, 2011, 40 CLC (HCD)

....d Khan lodged an FIR with the Panghsa Police Station alleging that on 27.12.2007 at about 5.00 P.M. his daughter Taslima aged about 9 years along with 2 others went to collect the sugar cane, at that time the accused Md. Shafi (petitioner) caught his daughter and taken her in the Sugar Cane field an...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 57

Jabed Ali alias Kasai Jabed alias Mawra Jabed Vs. State, 2011, 40 CLC (HCD)

....er see the appellant, nor the recovery of arms. P.W.2 Abu Bakar, another employee of the college and seizure list witness corroborated the evidence of P.W.1 and stated in similar language that at the time of occurrence, he came down at the instance of a police man, entered into the room of occurrenc......war Ali is acquitted of the charges levelled against him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 44

State Vs. Syduzzaman Faruq, 2010, 39 CLC (AD)

....tered into Sir F. Rahman Hall of Dhaka University in order to take possession of the seats of the said Hall. They attacked the students of the said Hall under the leadership of the respondent. At the time of occurrence, the respondent dealt an iron-rod blow on the head of one Mehedi Hasan and the ot......he respondent on bail. There is, therefore, no cogent reason to interfere with the same. '' Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 115. ..

Category: Criminal Law | Date: | Hits: 46

Ziaul Karim Farazi and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)

....670/-, a scale that was fixed for grade No.VII in the scale of pay in 1973. Although the petitioners having practical experience for composing works were drawing scale of Tk.220-420/- at the relevant time in the VIII grade correspondingly, the scale of pay declared in 1977, the anomaly and discrepan......vernment Printing Press at Tejgaon, Dhaka and were enjoying National Grade and Scale under Grade-VIII which meant the Grade and Scale of Pay introduced with effect from first day of July, 1973 in the scale of Tk.220-420. In exercise of the powers conferred by Section 5 of the Service (Reorganization..

Category: Administrative Law | Date: | Hits: 215

Abdul Jabbar Vs. Akter Hossain Bhuiyan being dead his heirs Md. Masud Hossain Bhuiyan & others, 2009, 38 CLC (AD)

....possessors of suit plot no.41 on basis of a gift and while thus they were owning and possessing the same, they sold out the said land of Plot No.41 to aforesaid Shamsuddin Bhuiyan and at the relevant time vendor Golam Saber Shamsuddin Ahmed being minor, the patta deed dated 1.7.1944 was executed and......rials on record and hence no interference is called for. Accordingly the application for leave to appeal is dismissed without costs. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 105...

Category: Property Law | Date: | Hits: 81

Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)

....ion is a simple transaction whereby the bank on credit sells certain properties goods to the customer on a fixed profit and the purchaser was required to repay the amount agreed within the stipulated time. This indicates that without any personal investment a purchaser may get some profit out of the......e plaintiff bank will be at liberty to realise the amount through the process of the Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 571. ..

Category: Banking Law | Date: | Hits: 199

Shah Alam and others Vs. State, 2000, 29 CLC (HCD)

....ils. She said about entering of dacoits in her house by breaking open the door numbering 10/12 and looting of various materials from her house by the dacoits at the threat of her life on the date and time as alleged. She found to have proved the ejahar Exhibit-1 and her signature thereto Exhibit-1/1....... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ..

Category: Criminal Law | Date: | Hits: 67

Concord Engineers Construction Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

....any finding that the capital borrowed by the company was not for the purpose of its business. In this connection it may be stated that neither the authority nor the Appellate Tribunal at any point of time doubted the payment of interest on account of borrowed capital. The Commissioner of Taxes disal......ourt in the case of Commissioner of Income Tax, Andhra Pradesh Vs. Gopi Krishna Muralidhar, reported in 47 ITR 469. The assessee was a Hindu undivided family which carried on business on an extensive scale with a capital of Rs. 70 lakh made large borrowings during assessment year for the purpose of ..

Category: Fiscal/Taxation Law | Date: | Hits: 135

Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)

....torney-General disputes and contradicts the contention of Mr. Dastagir Hossain submitting inter alia that the Special Powers Act, 1974 is a special statue and it shall override all other laws for the time being in force (Section 26). He argues that the accusation against the appellant comes within t......har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ..

Category: Criminal Law | Date: | Hits: 72