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Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)

.... Referred to- AKM Rurul Amin Vs. District Judge and Appellate Election Tribunal, Bhola 38 DLR (AD) 172; Abdul Mannan Vs. Mofiz Uddin, 10 DLR 527; Pijush Kanti Chowdhury Vs. Abdur Rashid 23 DLR 60; Sree Gour Nitai Saha Vs. Province of East Pakistan, (1970) 22 DLR 143. Lawyers Involved: Kurun...... Referred to- AKM Rurul Amin Vs. District Judge and Appellate Election Tribunal, Bhola 38 DLR (AD) 172; Abdul Mannan Vs. Mofiz Uddin, 10 DLR 527; Pijush Kanti Chowdhury Vs. Abdur Rashid 23 DLR 60; Sree Gour Nitai Saha Vs. Province of East Pakistan, (1970) 22 DLR 143. Lawyers Involved: Kurun...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ..

Category: Property Law | Date: | Hits: 67

Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)

....ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ...........Respondent Judgment March 2, 2011. Result: The appeal is dismissed. Cases Referred to- BKN Piliai Vs. Pillai, AIR 2000 SC 614; Modi Spinning and Weaving Mills Co. Ltd Vs. Ladha Ram and Co, AIR 1977 SC 680 and Smt; Ganga Bai Vs. Vijay Kumar, Air 1974 SC 1126. Lawyers Involve......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ..

Category: Civil Law | Date: | Hits: 86

Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)

....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......ed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......an, (1974) 26 DLR 342; Dr. Md. Arfan Ali Vs. Md Bazlur Rah­man Chowdhury, (1997) 28 DLR 443; Abul Layes Vs. Mst. Anwara Khatun, (1977) 29 DLR (SC) 13; Allenbury Engineers (Private) Ltd. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. Lawyers Involved: T.H. Khan, Senior Advocate, instructed by..

Category: Property Law | Date: | Hits: 87

Amena Khatun and others Vs. Md. Afsaruddin being dead his heirs 1(ka) Maleka Khatun and others, 1997, 26 CLC (HCD)

....Judgment May 13, 1997. Result: The result the Rule is made absolute. Cases Referred to- 10 DLR 318; 22 CWN 575; AIR 1960 (Cal) 467; ILR (Cal) 873; IC 1940, 117; 12 CLJ 525; 36 DLR 350; Sree Jugal Kishori Sarker Vs. Azizur Rahman and others, 40 DLR (AD) 150; Bhaba Kanta Joddar and othe......Judgment May 13, 1997. Result: The result the Rule is made absolute. Cases Referred to- 10 DLR 318; 22 CWN 575; AIR 1960 (Cal) 467; ILR (Cal) 873; IC 1940, 117; 12 CLJ 525; 36 DLR 350; Sree Jugal Kishori Sarker Vs. Azizur Rahman and others, 40 DLR (AD) 150; Bhaba Kanta Joddar and othe......down the lower Court records immediately. Cost assessed by the lower Court in respect of the share of the suit land is maintained. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 156. ......down the lower Court records immediately. Cost assessed by the lower Court in respect of the share of the suit land is maintained. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 156. ..

Category: Property Law | Date: | Hits: 63

Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)

.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......Vs. State 6 1 DLR 35; Rana Madbar Vs. State, 51 DLR 499; Naba Kumar Vs. State, 1974 572 (SC); Kamruzzaman Vs. State, 1995 BLD 486 = 47 DLR 416; State Vs. Tayeb Ali, 1987 BLD (AD) 265 = 40 DLR (AD) 6; Krishna Mochil Vs. State of Bihar, 2002 SCC (Cri) 1220. Lawyers Involved: SB Bhandary, Advocat..

Category: Criminal Law | Date: | Hits: 79

Prodip Kumar Dutta & another Vs. Mira Rani Dutta and another, 2004, 33 CLC (HCD)

....to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571.......to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571.......to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571.......to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571...

Category: Property Law | Date: | Hits: 69

Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)

....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......e Rule is discharged. Cases Referred to- Chan Shah Vs. The Crown, PLD 1956 (FC) 43; Khalid Saigol Vs. The State, 14 DLR (SC) 321; Khalilur Rahman and anoth­er Vs. The State, 33 DLR 12; Nirmal Krishna Chandra and another Vs. The State; Gendan Lal, AIR 1953 Allahbad, 597; PLD 1953 (FC) 170. ..

Category: Criminal Law | Date: | Hits: 95

Binode Bihari Ghose Vs. Assistant Custodian, Vested and Non-Resident Property and others, 1998, 27 CLC (HCD)

.... The judgment and the decree passed by the trial Court are upheld. There shall be no order as to costs. Let the LCR be sent down. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 134....... The judgment and the decree passed by the trial Court are upheld. There shall be no order as to costs. Let the LCR be sent down. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 134.......an, Vested and Non-Resident Property and others……………Defendant-Opposite Parties Judgment January 14, 1998. Result: The Rule is made absolute. Cases Referred to- Sukhdev Vs. Ram Narain, AIR 1930 Allahabad 387; Sayanvna Vs. Ventaka, AIR 1931, Madras 783; 36 DLR 337. Lawye...... The judgment and the decree passed by the trial Court are upheld. There shall be no order as to costs. Let the LCR be sent down. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 134...

Category: Property Law | Date: | Hits: 56

AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)

....l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......Deputy Commissioner and others ....................Respondents Judgment August 3, 2003. Result: The appeal is allowed. Cases Referred to- Bengal Nagpur Railway Co. Ltd. Vs. Ruttanji Ramji and others, AIR 1935 Calcutta 347; Ram Pertab and others Vs. G Marshall, ILR 26 Calcutta 702; ......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ..

Category: Civil Law | Date: | Hits: 99

Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)

....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......r……………………Opposite parties Judgment June 3, 2009. Result: The Rule is discharged and Order of stay stands vacated. Cases Referred to- State of Madhya Pradesh Vs. Dr. Krishna Chandra Saksena, 1997 (1) Crimes 5 (SC); Sukumaran Nair Vs. State of Kerala, 1961 Ker LT 110..

Category: Criminal Law | Date: | Hits: 76

SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)

....judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......ases Referred to- Webb Vs. Stanton, (1883), 11 QBD 518; Bancharam Majumder Vs. Adyanath Bhattacharja, ILR 36 Cal, 936; Sahadeo Sukul and others Vs. Seikh Shawkat Hossain, 12 CWN 145 at 146; PSL RM Ramanathan Chettiar Vs. OR MP RM Ramanathan Chettiar, 1968 SC 1047 at 1049; Haridas Vs. Baroda Kisho...... Sukul and others Vs. Seikh Shawkat Hossain, 12 CWN 145 at 146; PSL RM Ramanathan Chettiar Vs. OR MP RM Ramanathan Chettiar, 1968 SC 1047 at 1049; Haridas Vs. Baroda Kishore, 27 Cal 38; Palikandy Vs. Krishnan Nair, 40 Mad 302 (303); Varjivandas Vs. Maganlal, AIR 1937 Bom 382; Capt. BS Demogray Vs. V..

Category: Employment/Service Law | Date: | Hits: 144

Dada Engineering Ltd. Vs. Commissioner, Customs Excise and VAT Commissionerate and other, 2010, 39 CLC (HCD)

....08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (2011) 61. ......08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (2011) 61. ......ton) Ltd. Vs. Hayness, 1959 AC 743 AIR 1979 (SC) 1384; Regional Manager, Bank of Baroda Vs. Presiding Officer, Central Government Industrial Tribunal AIR 1999 SC 912; Kendriya Vidyalaya Sangathan Vs. Ram Ratan Yadav, AIR 2003 SC 1709; State of Punjab Vs. Rajesh Syal AIR 2002 SC 3687; Anti-Corruption......08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (2011) 61. ..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)

....cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......¦â€¦â€¦â€¦â€¦...Opposite Parties Judgment January 18, 1996. Result: The Rules are made absolute. Cases Referred to- Hali Mandal and another Vs. Khirode Bala Debya, 12 DLR 74; Labbu Ram; Anantalal Daga and others Vs. Devi Prasad Pandey and others, AIR 1959 Patna 258; HB Darber Al B......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118...

Category: Procedural Law | Date: | Hits: 70

Krishna Gopal Bhowmik Vs. Secretary, Ministry of Home affairs, Government of Bangladesh and others, 1978, 7 CLC (AD)

....on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 145. ......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 145. ......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 145. ...... This Case is also Reported in: 31 DLR (AD) (1979) 145. ..

Category: Criminal Law | Date: | Hits: 103

Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)

....nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......Mokan & others............................Respondents Judgment March 30, 1988. Result: The appeal be allowed. Cases Referred to- Tofail Ahmed Vs. Ahmed AIR 1938 Nag 177; Gopal Krishna Sil, 34 CLJ 319; Gopal Krishna Sil. Vs. Abdus Samad Chowdhury and others, 34 CLJ 319; Shafat..

Category: Property Law | Date: | Hits: 58

Dr. Md. Habibullah Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh & others, 1988, 17 CLC (HCD)

....e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 160. ......e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 160. ......de absolute. Cases Referred to- Abdul Latif Mirza, 31 DLR (AD) 1; Malik Gholam Gilani, 19 DLR (SC) 403; Begum Shorish Kashmiri, 21 DLR (SC) 1; Mir Ab­dul Baqui Baloch, 20 DLR (SC) 249 (257); Ram Bali Rajbhar Vs. Slate of West Bengal, A.I.R. 1975(SC) 623; Nakkuca Ali, 1951 AC 66; Abdul Latif......e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 160. ..

Category: Criminal Law | Date: | Hits: 108

Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)

....ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......zi Moklesur Rahman, 26 DLR (AD) 44; AIR 1998 SC 602 and 2 AER (CA) 68, Dr. Mohiuddin Faruque Vs. Bangladesh, 49 DLR (AD) 1; ETV Ltd., 54 DLR (AD) 130, Professor Golam Azam Vs. Bangladesh, 45 DLR 423, Ram Chandra Sankar Deodhar Vs. State of Maharashtra, 1974 SCC 317. Lawyers Involved: Abdur Raz......ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63...

Category: Civil Law | Date: | Hits: 63

Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)

....s proved the defen­dant has executed the deed of contract. The learned Judges of the High Court Division having found fault in the judg­ments of the Courts below reassessed the relevant evidence of Sree Khokan Chandra Mondal (P.W.1), Nawab Ali (P.W.2), Shaheb Ali (P.W.3) and SK. Maminul Islam (P.W......s proved the defen­dant has executed the deed of contract. The learned Judges of the High Court Division having found fault in the judg­ments of the Courts below reassessed the relevant evidence of Sree Khokan Chandra Mondal (P.W.1), Nawab Ali (P.W.2), Shaheb Ali (P.W.3) and SK. Maminul Islam (P.W......fering with the concur­rent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......fering with the concur­rent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ..

Category: Civil Law | Date: | Hits: 55

Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)

....Reference in part so far as it relates to condemned-prisoner Dipak Datta Bhola and dismissing the jail appeal. 2. The Facts of the case, in brief, are that on 19.4.2003 at about 5.30 p.m. deceased Sreekanta Rakshit, younger son of informant Shikha Rakshit and Advocate Mridul Kanti Rakshit, with h......Reference in part so far as it relates to condemned-prisoner Dipak Datta Bhola and dismissing the jail appeal. 2. The Facts of the case, in brief, are that on 19.4.2003 at about 5.30 p.m. deceased Sreekanta Rakshit, younger son of informant Shikha Rakshit and Advocate Mridul Kanti Rakshit, with h......and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 68

Pulin Mahajan Vs. State, 2011, 40 CLC (AD)

....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......mber of people believe him to be guilty of the offence but that his guilt has been established by the evidence of the prosecution. 13. In Dharm Das Wadwani Vs. the State of U.P, AIR 1975 S.C. 241, Krishna Iyer, J. speaking for the Supreme Court argued that the cumulative effect of guilt-pointing ..

Category: Criminal Law | Date: | Hits: 81