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State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....lu and to vindicate his prestige appellant Dablu has been falsely implicated in this case and that confessional statement was extorted by torture and that the occurrence did not take place at the time and place alleged by the prosecution. 7. The prosecution side examined 16 witnesses includin......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...Category: Criminal Law | Date: | Hits: 61
....ting excess payment though the petitioner paid the bills from February 1994, to November 1994 with objection. The Gas Company from December, 1995 started submitting gas bills more than double and sometime triple than the actual meter reading. When asked for the reasons the Gas Company told that they......eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
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Category: Civil Law | Date: | Hits: 115
Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)
....aid sub section. 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: 55 DLR (2003) 34. ......to the impugned tariff value, the question of onus fades into insignificance and the High Court Division is then free to decide on the basis of documents annexed by both sides as to on whose side the scale is heavier. If the writ petitioner's documents carry more weight his case will be accepted. If..Category: Fiscal/Taxation Law | Date: | Hits: 56
Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)
....aintiff has further stated that the plaintiff company opened a CC Account No. 21 with the defendant-opposite party No. 2 subject to the condition that the defendant- opposite parties will extend from time to time credit facilities to the plaintiff-petitioner for their working capital import export c......aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ..Category: Civil Law | Date: | Hits: 73
....hael Golodetz, AIR 1960 Calcutta 47; Pratambull Rameshwar vs. K Sethia Ltd. AIR 1960 Calcutta 702; Probity Shipping Corporation and another vs. StateTrading Corporation of India (1980-81) 85 CWN 268, times Orient Transport Co. vs. Jaya Bharat C & J Co., AIR 1987 (SC) 2289; Mecca Mills vs. Bangla......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17...
Category: Civil Law | Date: | Hits: 101
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....ce in setting aside the said dismissal order, in exercise of his power under section 151 of the Code. He further submits that in not making the prayer for restoration of the miscellaneous case within time from its dismissal, the prayer of the pre‑emptees opposite party Nos. 1 and 2 has become barr......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29...Category: Property Law | Date: | Hits: 36
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-Corruption & ors., 2001, 30 CLC (HCD)
....uired to complete the work within one month from the receipt of the work order. Since respondent No. 6 failed to execute the aforesaid work as per the contract specification and within the stipulated time the petitioner by letters dated 9‑7‑99, 16‑8‑99 and 22‑9‑99 asked him to complete t......l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ..Category: Anti-Corruption Laws | Date: | Hits: 138
Mirza Anwarul Islam alias Tanu Vs. State, 1999, 28 CLC (HCD)
....lication made by the telegraph authority in this behalf, be recovered from such person, as if it were a fine imposed under this Act by any Magistrate having jurisdiction where that person may for the time being be resident; and the telegraph authority may further direct that any message, or postal a......anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ..Category: Criminal Law | Date: | Hits: 37
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....e preliminary matter prior to hear amendment petition is not correct as the Tribunal has already taken up both the matters for hearing and decision as those are inter‑related and to be decided at a time in the fact and circumstances of the present case. About his submission for adding some unneces......g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19...Category: Election Law | Date: | Hits: 85
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....3 are being represented by Mr. Mahmudul Islam along with Mr. Probir Neogi, learned Advocates. 7. Mr. Kabir has taken 3 (three) points before me. Firstly, he submits that there being no prescribed time limit for filing and deciding the partition suit the learned Assistant Judge, committed an erro......oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ..Category: Property Law | Date: | Hits: 34
Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)
....ck was delivered to the importer on the request of Md. Habib, the guarantor, it was also stated by the godown authority that Mr. Habib promised to refund the entire stock to the godown within a short time. Then the owner of the godown Mr Islam informed this fact in writing to the Bank on 30-3-98. Th...... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ..Category: Criminal Law | Date: | Hits: 39
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....on (revision) Case No. 8 1996 before the Arbitration Tribunal (Subordinate Judge, Dhaka) claiming an amount of Taka 17,50,00,000.00 as compensation. It has been contended by the petitioners that some time after filing of the arbitration case they came to know that amendment has been done by way of i......ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ..Category: Alternative Dispute Resolution | Date: | Hits: 191
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....forma defendant No. 4 in cash or cheque would execute and register necessary deeds of sale in favour of the plaintiff and defendant No. 3 or their nominated persons. 6. It was also agreed that the time limit mentioned in the contracts was cancelled by consent of the parties. 7. Pursuant to sai......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ..Category: Civil Law | Date: | Hits: 78
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
....e (accused appellant) used to visit their house from before. This witness has stated in cross-examination that the accused appellant abducted his victim daughter by force by a baby-taxi and at that time he was in his office and the building he resides in is surrounded by boundary walls and there a......used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35...Category: Criminal Law | Date: | Hits: 43
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....eneral on this point also specifically, we think this petition (Writ Petition No. 5951 of 20031) can be disposed of by giving direction in the matter without issuance of Rule as it would consume much time and delay for disposal of the proceeding. We have in this connection gone through section 4(4)o......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ..Category: Criminal Law | Date: | Hits: 50
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
....ion, New York (AMEX for short). The Habib Bank, Dubai Branch, also informed the NBL, Khulna Branch, by its telex dated 20‑3‑1986 about their such demand of payment from AMEX, New York. In the meantime, the plaintiff of TS No. 56 of 1987 came to learn from Aqua Marine Ltd on the 20th March, 1986,...... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ..Category: Business or Commercial Law | Date: | Hits: 202
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....367 of the Code, then an order for writing a proper judgment may be necessary and desirable". 14. In the case of Kashem vs. State, 40 DLR (AD) 294 their Lordships observed that "with the change of time and circumstances attending the administration of criminal justice, time has come and experienc......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ..Category: Criminal Law | Date: | Hits: 34
.... was not given a chance of hearing to defend himself. The operation of the impugned order vide-E to the writ petition was stayed by this Court for a period of 3(three) months on 24‑11‑2002 at the time of issuance of the Rule. The said order of stay was subsequently extended on 23‑2‑2003 for ......6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
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Category: Environmental Law | Date: | Hits: 226
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....ition was rapidly deteriorating and the vessel was burnt by fire twice and as a result of which all engine bearings, pumps, electrical system were totally damaged beyond repair and the vessel at that time had no crew member on board resulting in damage to navigable equipment and safety equipment and......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11...Category: Fiscal/Taxation Law | Date: | Hits: 77
Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
....e. Now let us examine the relevant law; section 25B of the Special Powers Act; Penalty for smuggling: "(1) whoever, in breach of any prohibition or restriction imposed by or under any law for the time being in force, or evading payment of customs duties or taxes leviable thereon under any law fo...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ..Category: Criminal Law | Date: | Hits: 43
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