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Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ...... controversy between the parties and, as such, the learned Joint District Judge by passing the instant impugned order committed an error of law as well as facts in issues and resulted an error in its decision occasioning failure of justice which warrants interference by this Court. Finally, the lear..Category: Property Law | Date: | Hits: 42
....t intends to convey the purpose of legislation. So, every effort is necessary to make a statute workable and not to render it futile by giving a "meaningless" interpretation in order to frustrate the legislative intention. It is an elementary rule of construction that the intention of the legislatur...... identical in nature hence, cannot be equated with the "Bank Draft" or "Pay Order" occurring in section 42(1) of the said Ain. In support of his contention, the learned Advocate has also referred the decision of a case of Mohan Jogani Rice and Atta Mills vs. Ram Lal Onkarmal Firm and others reported..
Category: Civil Law | Date: | Hits: 90
Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
.... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30.......pon prosecution case. He added that the learned Judge of the trial Court failed to weigh and sift the evidence on record as required under law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 11. Mr. Sheikh Rezaul Karim, the learned Assistant Attor..Category: Criminal Law | Date: | Hits: 44
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ...... judgment and order. He, further submits that if the application of delay is considered, the government will not be prejudiced in any way. 12. The learned Advocate for the petitioner cited the decisions in the case of Lal Mia vs. State reported in 42 DLR 15, in the case of Anser Ali (Md.) vs...Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......urt below committed error of law in convicting and sentencing the accused without lawful authority; that the learned trial Court misconstrued the law and facts of the case and arrived at an erroneous decision in convicting and sentencing the accused on surmise and conjecture resulting in miscarriage..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......n of liability by the Committee, Mr. Sarqum Ali will be given days’ time to settle the outstanding with Mr. Giasuddin Ahmed failing which the matter be referred to the next Board Meeting for finial decision. The Minutes of the 88th Board Meeting is annexed as Annexure-9. 4. The aforesaid 8 m..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
.... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ......rty No. 1 opposed the rule by filing an affidavit in opposition. 4. Mr. Dewan A. M. S. Zaman, the learned Advocate for the petitioner has submitted that the Election Tribunal had relied on the decisions in the case of Md. Amjad Hossain Howladar Vs. Chief Election Commissioner reported in 27 D..Category: Election Law | Date: | Hits: 100
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....part subject to the modification with regard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37.......rder to substantiate his contentions, the learned Advocate for the appellant has drawn our attention to certain facts and circumstances of the case and the evidence on record and he also cited some decisions in support of his contentions namely, the decision reported in 1987 BLD (AD) page 265, 1..Category: Criminal Law | Date: | Hits: 52
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
.... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11.......ies nor freak inferences but rational deductions which reasonable minds make from the probative force of facts and circumstances". 29. The aforesaid principles have also been enunciated in the decisions of the Indian Supreme Court in AIR 1952 (SC) 343, AIR 1976 (SC) 917, AIR 1979 (SC) 190 etc..Category: Criminal Law | Date: | Hits: 42
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......nd the evidence on record also proved the offence committed by the petitioner. He also referred me to the case of Jahangir Hossain Vs. The State, 7 BLD 366. Before I embark upon the discussion of the decision, I like to examine first the provisions of section 237 of the Code of Criminal Procedure. F..Category: Criminal Law | Date: | Hits: 26
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......ation has no force. Mr. Maqbul Ahmed in support of his contention that when there is existence of partnership the accused can not be held liable under section 405 of the Penal Code referred me to a decision in the case of Nasiruddin Mahmud & others Vs. Momtazuddin & another 36 DLR (AD)14. ..Category: Criminal Law | Date: | Hits: 37
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......mplainant filed the petition of complaint in the Court of the Chief Metropolitan Magistrate, Dhaka on 12.8.84. We consider it necessary to reproduce the petition of complaint in its entirety, for the decision in these Rules will depend upon the examinations of the allegations made in the petition of..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36......., and objections to attachment of, attached property in execution of a decree. 12. Mr. A.K.M. Shafiqur Rahman the learned Advocate appearing on behalf of the respondent decree-holder refers to the decision in the case of Md. Nurul Islam Vs.Abdur Rashid & others reported in 1983 BLD (AD) 310 a..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)
....s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31.......17.11.86 that the petitioner should be suspended and disciplinary proceedings should be initiated against him. The impugned order of suspension dated 19.11.86 was passed in pursuance of the aforesaid decision of the highest authority of the University. A disciplinary proceeding against him is alread..Category: Criminal Law | Date: | Hits: 74
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21....... for the appellant next submitted that the appellant was not given a show cause notice and as such order of cancellation was violative of the principle of natural justice and placed reliance upon the decision reported in 19 DLR 719. That case is distinguishable from the present case. In that case, t..Category: Property Law | Date: | Hits: 36
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
.... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18.......both vague and indefinite and such grounds as stated did not give any scope to the detenu to make any effective representation. Detention on such grounds is illegal and it has been so held in several decisions making it an established principle of law that the detention on grounds vague and indefini..Category: Criminal Law | Date: | Hits: 40
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ...... ex parte disposal, in his submission, does not attract the operation of either Order 9, rule 6 or Order 9, rule 7 of the Code of Civil Procedure. Dr. Kamal Hossain has relied upon the Division Bench decision of this Division in the case of M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court..Category: Civil Law | Date: | Hits: 83
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......a banker they are debtors and the bank is bound to pay the money to the survivor. He submits that trial Court failed to appreciate the latest position in Banking Laws in this country and relying on a decision reported in 32 CWN 817 passed the order of injunction. It is submitted by Mr. Huq that the ..Category: Banking Law | Date: | Hits: 122
Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)
....n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ......dated 23-4-95. On receipt of the aforesaid letter dated 23-4-95 along with the report dated 22-4-95 the First Secretary (VAT), National Board of Revenue, Dhaka by letter dated 9-5-95 communicated the decision of the National Board of Revenue to the respondent No.4 that the jute goods and the shipwre..Category: Fiscal/Taxation Law | Date: | Hits: 86
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......as not done. It was explained by defendant No.3 that the amount does not belong to defendant No.1 rather it belongs to their client. Defendant No.1 also brought to the notice of defendant No.3 of the decision given by Bangladesh Bank in the matter. It is the case of plaintiff that defendant No.3 ill..Category: Banking Law | Date: | Hits: 136
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