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Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)
....elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ......tation to hold that the salt and molasses in the instant case are not subject to speedy or natural decay. On that count the direction of the learned Sessions Judge to sell those goods cannot stand in law. In order to attract the provisions of section 516A Cr.P.C. the Court must satisfy itself that t..Category: Criminal Law | Date: | Hits: 64
Siddique (Md) Vs. State, 1992, 31 CLC (HCD)
....e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ......ling an appeal is to be counted from the date of knowledge of conviction. The above view is taken in an appeal arising out of a case under section 457 of the Penal Code in respect of which no special law of limitation has been prescribed. In the case of the above nature where limitation has not been..Category: Criminal Law | Date: | Hits: 68
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
.... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ......l Hoque J.- In those Rules Deputy Commissioner, Dhaka and others have been asked to show cause as to why acquisition of petitioner's lands in question should not be declared to have been made without lawful authority and of no legal effect. Those Rules are disposed of by this judgment as common ques..Category: Property Law | Date: | Hits: 79
State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)
.... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......as sent to the Divisional Special Judge, Khulna and was registered as Special Case No.18 of 2003. The learned Divisional Special Judge framed charge against the respondents under the said sections of law by order dated 15.5.2003 and proceeded with trial. The prosecution in order to prove its case ex..Category: Criminal Law | Date: | Hits: 97
State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
....3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......as sent to the Divisional Special Judge, Khulna and was renumbered as Special Case No.16 of 2003. The learned Divisional Special Judge framed charge against the respondents under the said sections of law by order dated 5.6.2003 and proceeded with trial. The prosecution in order to prove its case exa..Category: Criminal Law | Date: | Hits: 101
State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)
....ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......s sent to the Divisional Special Judge, Khulna, and was renumbered as Special Case No.13 of 2003. The learned Divisional Special Judge framed charge against the respondents under the said sections of law by order dated 15.4.2003 and proceeded with trial. The prosecution in order to prove its case ex..Category: Criminal Law | Date: | Hits: 86
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......ve provision made in the second part of the order of the Magistrate for keeping the girl in judicial custody. The learned Advocate, therefore, submits that the, Sessions Judge also seriously erred in law in maintaining the order of the learned Magistrate so far it relates to keeping the victim girl ..Category: Criminal Law | Date: | Hits: 80
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......tion and one part‑time member to represent the integrated Rural Development Programme to be nominated by the Local Governmental Rural Development and Co‑operative Division. This Board under the law had the main function to organise the prospective consumers of electricity into formal and infor..Category: Labour and Industrial Law | Date: | Hits: 204
Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)
.... answer the questions referred to us in the negative and against the Revenue. Parties are to bear their respective costs although. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ......lared as an independent state on March 26, 1971 and section 1, The Income Tax Act, 1922, was made to apply on and from 26.3.1971 to the whole of Bangladesh the taxing authorities in Bangladesh had no lawful jurisdiction to tax the income, profit and gains of the previous year of the assessee which e..Category: Fiscal/Taxation Law | Date: | Hits: 109
State Vs. Dipu Mondal, 2010, 39 CLC (AD)
.... a, District-Rajbari in connection with the case and to admit him on bail to his satisfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ......e must be held responsible for the death of his wife. No explanation has been offered by the accused Dipu Mondal. about the death of his wife which is not reasonable and his conduct is offensive in law and as such strong presumption of his guilt can be reduced holding him responsible for the dea..Category: Procedural Law | Date: | Hits: 81
Firoz Ali and others Vs. State, 2010, 39 CLC (AD)
....eration. Leave is, therefore, granted on the additional grounds. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264.......e Penal Code against the appellants beyond reasonable doubt." 4. Mr. AFM Mesbauddin, the Counsel appearing for the petitioners contended that the learned Judges of the High Court Division erred in law in maintaining the conviction and sentence of the petitioners in failing to consider that the al..Category: Criminal Law | Date: | Hits: 71
Nantu Biswas and others Vs. State, 2009, 38 CLC (AD)
....se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261.......uitted the respondents. 3. The learned Deputy Attorney General appearing on behalf of the State submitted that the High Court Division without discussing the evidence on record as required under law in a very slip shod manner set aside the order of conviction and sentence on certain untenable a..Category: Criminal Law | Date: | Hits: 48
Amanullah Zahangir Vs. State, 2009, 38 CLC (AD)
....r such circumstance, we do not find any merit in the submissions made on behalf of the petitioner, as such, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ...... If the ingredients of any offence under the Penal Code arc present, the petitioner may be prosecuted accordingly, otherwise not. In the same manner if the ingredients of section 138 are present, the law will take it own course. The learned Magistrate is at liberty to proceed accordingly. Under s..Category: Criminal Law | Date: | Hits: 50
Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)
....ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ......absolute and set aside the order of the learned Additional Sessions Judge. 5. Mr. Md. Aftab Hossain, the learned Advocate-on-Record for the petitioners argues that the High Court Division erred in law in failing to appreciate that the learned Additional Sessions Judge accorded permission for wi..Category: Criminal Law | Date: | Hits: 81
State Vs. Md. Anisur Rahman Sheikh, 2010, 39 CLC (AD)
....chua, District-Bagerhat in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ......ue to hemorrhage and shock resulted from above mentioned injuries which was ante-mortem and homicidal in nature". The learned Deputy Attorney General also argued that the High Court Division erred in law in observing that P.Ws.4 and 8 did not corroborate the testimony of the informant Sheuli Begum (..Category: Criminal Law | Date: | Hits: 71
Bangladesh Anjuman‑e-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)
.... forfeiting the book. For the reasons stated above this Rule fails and it is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ......ting their religious beliefs and faith. The petitioner has submitted that every citizen has a right to follow, practice and preach his own thoughts on religious beliefs and faith within the bounds of law, public order and morality and as such the order of forfeiture of the book must be held to have ..Category: Constitutional Law | Date: | Hits: 204
Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)
....ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......aration that the plaintiff is still in service of the defendants on usual terms and conditions. 3) For cost of the suit. 4) For any other relief or reliefs which the plaintiff is entitled to in law and equity. 3. The defendants filed a joint written statement on 5.3.84. The case for the def..Category: Employment/Service Law | Date: | Hits: 108
Hossainia Ashraful Ulum Madrassah Vs. Munsur Ahmed (Md.) and others, 1990, 19 CLC (HCD)
....t within a month before the suit is set forth for hearing. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 473. ......ision of decrees and orders of Courts of Small Causes. The High Court, for the purpose of satisfying itself that a decree or order made in any case decided by a Court of Small Causes was according to law, may call for the case and pass such order with respect thereto as it thinks fit." Now the qu..Category: Procedural Law | Date: | Hits: 104
....e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 471.
......nts to show cause as to why the impugned judgment and order dated 15.8.85 by the respondent No. 1 in Complaint Case No. 116 of 1983 (Annexure‑D) should not be declared to have been made without any lawful authority and is of no legal effect.
2. The facts leading to this Rule, in short, are that..
Category: Labour and Industrial Law | Date: | Hits: 133
Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)
....from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ......et branch of defendant No. 1 never illegally or arbitrarily withheld the shipping documents and whatever time was required for the release of the shipping documents it was required to comply with the lawful formalities. So, the defendant No. 1 is in no way liable for the payment of Tk. 4000.00 as in..Category: Civil Law | Date: | Hits: 83
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