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Hasmat Ali Vs. State, 2001, 30 CLC (HCD)
....tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ......der of remand, more so when the same was retracted by the convict-appellant at the time when he was examined under section 342 of the Code of Criminal Procedure. The learned Advocates referred to the decision in the Case of Md. Tajul Islam Khokan and ors Vs. State reported in 6 BLT 79 for the propos..Category: Criminal Law | Date: | Hits: 27
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
.... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ...... was held on 22- 2-1998 and it was resolved that appellant No.1 is no longer a Director of the respondent No.1 company as she was absent from three consecutive Board Meetings and some other important decisions were taken and it was also decided to amend the company’s Memorandum and articles of Ass..Category: Business or Commercial Law | Date: | Hits: 207
Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
.... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ......vocate—For the Petitioner. Md Khurshid Alam Khan, Advocate—For the Opposite Party. Civil Revision No. 2219 of 1997. Judgment AK Badrul Huq J.- Feeling aggrieved by a decision rendered by appellate Judge in a family Appeal where under maintaining decision recorded by..Category: Family Law | Date: | Hits: 152
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
.... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ...... Case a statement from the Prime Minister was called for and then the. Appellate Division disposed of that contempt petition with some strong observations following the dictum of Lord Atkin. The said decision of the Appellate Division has been reported in 51 DLR (AD) 68. Their Lordship’s observati..Category: Criminal Law | Date: | Hits: 49
Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)
....tention to the observations of the Court made at paragraph 18 of that reported Case. He has argued that there is uniform decision in this Court on the above questions and, as such, though there is no legislative backing, the decisions of the Superior Courts ripen into law. He has further argued that......tody of a minor can be determined in an application under section 491 of the Code. Mr. Halder has submitted that such applications are being entertained by this Court and, as such, though there is no decision on the above question, the questions may be determined in this application under section 49..Category: Criminal Law | Date: | Hits: 33
Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)
....f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ......ion by two months and 20 days and the delay was not explained by the plaintiff-appellant. In support of her submission Mrs. Reba Kaniz, the learned Advocate for the defendants-respondents has cited a decision in the Case between Salamat Bibi & others Vs. Settlement and Rehabilitation Commissione..Category: Property Law | Date: | Hits: 29
Syed Mustafizur Rahman Vs. State, 2001, 30 CLC (HCD)
....arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ...... cuts at the very root of the prosecution affecting jurisdiction of the Court and this defect is not curable under section 537 of the Code of Criminal Procedure. This view of ours gets support from a decision in the Case of Abdul Awal Vs. State reported in 1962 PLD Dhaka 623 and in the Case of Gulak..Category: Criminal Law | Date: | Hits: 42
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ...... decided by any Court subordinate to the High Court Division and in which no appeal lies thereto, and if such subordinate Court appears to have committed any error of law resulting in an error in the decision occasioning failure of justice, the High Court Division may make such order in the Case as ..Category: Civil Law | Date: | Hits: 80
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ......ct II of 1947) is a socially useful measure conceived in public interest and, therefore, the punishment to be such as will bring the desired object. We further like to quote the observation made in a decision to which one of us, (Rabbani, J) is a party reported in 1 MLR 61. The said observation runs..Category: Property Law | Date: | Hits: 33
Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)
....spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ......ns 447 and 379 of the Penal Code. It has been consistently held by this Court that while disposing of a criminal appeal, the appellate Court is required to formulate the points for determination, the decisions thereon and the reasons for the decision. This necessarily implies that the appellate Cour..Category: Criminal Law | Date: | Hits: 60
Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ......irst Court, Brahmanbaria reversing an order dated November 19, 1981 passed in Miscellaneous Case No. 96 of 1981 under the provision of rule 9 of Order 22 of the Code of Civil Procedure. 2. The decision proposed to be given in this Rule does not call for any detailed recounting of facts except..Category: Property Law | Date: | Hits: 28
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......he respondent No.2 is surely mismanagement and unfair management and such mismanagement is oppressive and prejudicial to the interest of the petitioner and other shareholders. He has referred me to a decision in the Case of M Moorthy Vs. Drivers and Conductors Bus Service P Ltd (1991) 71 Company Cas..Category: Business or Commercial Law | Date: | Hits: 198
Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)
....ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ...... still-born, there is no scope for further proceeding in the matter. However, the application shown to me was addressed to the decree holder. The application is also as back as of a date 26-11-94. No decision appears to have been taken thereupon. Such an application does not deserve any consideratio..Category: Civil Law | Date: | Hits: 82
Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
...., we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ...... the public interest, that any provision of the Bill relating to such imposition or increase shall have immediate effect under this Act.” 6. The learned Advocate for the petitioner cited the decision in the Case of Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another 2 BL..Category: Fiscal/Taxation Law | Date: | Hits: 65
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....ct that, “it is well established principle of interpretation that remedial statute should be construed in manner so as to advance the remedy and suppress the mischief or else it would frustrate the legislative intendment”. Learned Deputy Attorney-General also refers to the decision in the Case o...... that in the meeting of the ‘Nagar Daridra Beshayak Jatiya Parishad held on 9-4-90 under chairmanship of the then President of the country problems of slum dwellers in Dhaka City were discussed and decision was taken for developing facilities for sanitation, health care, water supply and medical t..Category: Property Law | Date: | Hits: 60
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ......cellaneous Case No. 5865198 and the said judgment has been affirmed by the Appellate Division dismissing the Criminal Petition for Leave to Appeal No. 07/99. He further submits that, in the aforesaid decision of the High Court Division the illness, of the accused-petitioner was also considered, with..Category: Criminal Law | Date: | Hits: 26
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
.... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ......efendant No. 3 possessed the suit land, and held, the consideration of the testimonies of the witnesses examined by the plaintiffs on possession was unnecessary. The trial Court also did not give any decision that the defendants 3 or 4 had any right or title in the suit lands. 23. It appears, how..Category: Property Law | Date: | Hits: 22
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ......20 of 1990. 2. Facts are not disputed. On 22-01.7 opposite party-Plaintiff joined the defendant Bank as typist in Kishoreganj Branch. On 09-05-81 the plaintiff was put under suspension pending decision of a police Case lodged against him by the said Branch of the Bank. On 18-11-82 the plainti..Category: Administrative Law | Date: | Hits: 165
Category: Property Law | Date: | Hits: 31
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
.... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ......uit land. 10. Let us now consider the submissions of Ozair Farooq as regards the cause of action of the present suit. As we have stated above that CS plot No. 371 was the subject matter of the decision of the earlier suit and in that suit also the plaintiffs claimed that by several documents ..Category: Property Law | Date: | Hits: 61