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Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ...... and several investigations were held and different Investigating Officers gave different opinions regarding the occurrence and the persons involved. Considering these facts, both the Courts held the view that further investigation was necessary. 6. The present petitioner is the informant of GR N..Category: Criminal Law | Date: | Hits: 39
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
.... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ......an reported in PLD 1963 (Peshawar) 54. We have also noticed that in these cases the decisions of some other cases were relied upon. 6. On perusal of all these cases, it appears to us that uniform view of the above Courts is consider the question whether an instrument falls in the category of arm..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......onth, in total Taka 11,932. Plaintiff paid rent as demanded and continued paying rent regularly. 5. Further pleading is that Ministry of Works by letter dated 30-12-1975 informed plaintiff that in view of public utility Government decided to hold the suit property and requested plaintiff to hand ..Category: Property Law | Date: | Hits: 83
....ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519.......ht to maintain this petition to challenge unreasonable and arbitrary order Government, the respondent No.1.
12. We have gone through the petition and the papers annexed therewith and we are of the view that the petitioners were all along ready and willing to perform their part of the bargain in m..
Category: Others | Date: | Hits: 96
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....ssed the corporation as a company but it is not clear from the order of the AJCT that if any objection was taken against it before him as to the status of the corporation. Thus the Tribunal taking an erroneous view of law illegally treated the corporations as local authority in the first set of appl......orporation as a company but it is not clear from the order of the AJCT that if any objection was taken against it before him as to the status of the corporation. Thus the Tribunal taking an erroneous view of law illegally treated the corporations as local authority in the first set of applications a..Category: Fiscal/Taxation Law | Date: | Hits: 86
.... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
......cess for finalisation. We have already noticed that the respondent No.4 on 13-9-94 made fresh offer which was found by the respondent Trust as highest while the matter was under consideration. In our view, evaluation committee was not correct in opinion that such subsequent new offer could not be ma..
Category: Property Law | Date: | Hits: 102
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207....... in spite of issuance of warrant of arrest. Whatever might be the reasons of delay considering the nature of allegation against the appellants and the prevailing law and order situation we are of the view that it will not be safe to allow bail to the appellant-petitioners. 7. In the decisions in ..Category: Criminal Law | Date: | Hits: 35
Zahur Ahmed Vs. Commissioner of Customs and other, 1999, 28 CLC (HCD)
....ainst the impugned order. We therefore, find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ......e or misdirection. Moreover, impugned order passed by the Commissioner Customs is appealable to the Appellate Tribunal under the provisions of section 196A of the Customs Act, 1969. So, we are of the view that this writ petition is not also maintainable as there is alternative forum for seeking reme..Category: Fiscal/Taxation Law | Date: | Hits: 84
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199....... victim was going there they had started firing indiscriminately and at one stage Faruk Thakur shot at the victim who was declared dead after he was taken to the Dhaka Medical College Hospital and in view of such allegations learned Sessions Judge correctly framed charge under section 302/149 of the..Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......ly on surmises and conjectures and not on legal evidence on record and, as such, the impugned order of conviction and sentence is not maintainable in law. The learned Advocate further submits that in view of the fact that Jalaluddin Ahmed, a real account holder of the Janata Bank, Main Branch, Pabna..Category: Criminal Law | Date: | Hits: 104
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......viction was doomed to fail. And seeking a decree of declaration of title, the plaintiff is required to state clearly the history of title as he could trace. 28. In the circumstances, we are of the view if the appellant is not allowed to sue afresh for a decree of declaration of title he would be ..Category: Property Law | Date: | Hits: 83
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
.... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ......and Company Ltd., 1983 BCR (AD) 18, Humayun M Vohra vs. ESPN STAR Sports and others, 8 MLR (AD) 74 = 55 DLR (AD) 99. 11. Mr. Abdur Rab, learned Senior Counsel, on the other hand, submitted that in view of sections 194 and 202 of the Contract Act the plaintiffs must be held to be an agent directly..Category: Civil Law | Date: | Hits: 148
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
....et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ......15. Learned District Judge considered the grounds taken in the memorandum of appeal one after another in his judgment and cancelled the report and set aside the final decree of the trial Court on the view: "The grounds set forth in the memorandum of appeal has/have been made with clarity and, as..Category: Property Law | Date: | Hits: 70
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ...... 23-6-85 passed by the Special Martial Law Court No. 1, Dhaka in ML Case No. 2 of 1985 convicting him under sections 302/307/109 of the Penal Code and sentencing him to death which was confirmed on review made in this behalf by the Chief Martial Law Administrator calling upon the respondents to show..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......his written statement defendant No. 3 admitted the agreement dated 27-2-81 and receipt of Taka 6,60,000.00 from defendant No.1 as part performance of the contract. 64. But defendant No. 5 took the view that as she was not a party so she was not bound by the agreement. 65. Then, defendant No. 5..Category: Property Law | Date: | Hits: 71
Mahfuz Anam & others Vs. State and another, 2005, 34 CLC (HCD)
....rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ......ay be also taken into consideration. 8. Considering the facts, circumstances and grounds taken in the application for transfer of the case from one district to another, we are inclined to hold the view that the transfer of the case sought for is necessary in this case to ensure free and fair tria..Category: Criminal Law | Date: | Hits: 100
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
....ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46.......nue in service even after the temporary project against which they were employed came to an end, referred the matters to the Hon'ble Chief Justice for necessary order constituting a Full Bench with a view to resolving the conflict in the decision. Accordingly, the Hon'ble Chief Justice by order date..Category: Employment/Service Law | Date: | Hits: 85
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
....pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......he place of occurrence on the basis of GD Entry and this also suggests that there is no GD. Entry as alleged by the prosecution and it creates strong doubt about the place and manner of occurrence in view of the fact that all the police personnel came out from the police station without any dress an..Category: Criminal Law | Date: | Hits: 49
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ...... the deceased was strangulated to death. As the defence plea that the deceased committed suicide was proved false and the accused husband failed to explain the cause of death of his deceased wife, in view of the settled principle of law in a wife killing case, the Court below rightly and legally con..Category: Criminal Law | Date: | Hits: 41
Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ......-2006 has been made under the authority of section 3(1) of the Import and Export Control Act, 1950 (Act 39 of 1950) and in the said Import Policy Order, Article 1.3 provided that the government may review the order once in a year and may pass any order as it deems fit. The Provision of Article 1.3 o..Category: Business or Commercial Law | Date: | Hits: 234
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