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Md. Talebuddin (Taleb) Vs. State, 2009, 38 CLC (AD)
.... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ......o imprisonment for life by the learned Sessions Judge as they did not open fire on the victim whereas it is the petitioner who fired gun shot as a result of which the victim died. 7. We are of the view that the High Court Division on proper consideration of the materials on record accepted the de..Category: Criminal Law | Date: | Hits: 33
Abdul Hye and others Vs. Serajul Hoque and others, 2009, 38 CLC (AD)
.... and inconvenience of the parties in making the allotments of saham and that the appeal was dismissed not on merit and without considering the materials and evidence on record and only relying on the erroneous report of the Advocate Commissioner and that the allotments of saham have been made withou......ld be affected and some of the decree holder would be benefited. 7. It is also not possible that the entire possession of any party could be maintained at the time of effecting partition. 8. In view of the above although the submissions as made by Mr. Saha appears to be meaningful but since th..Category: Property Law | Date: | Hits: 31
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....the said tender before any Court of law. Therefore setting aside the tender of the petitioner without any prayer in Writ Petition No. 2172 of 2004 or in C.A. No. 175 of 2007 in C.P. No.290 of 2007 is erroneous and liable to be reviewed for ends of justice. 15. It appears that while disposing of t......gment February 28, 2010. Lawyers Involved: Ajmalul Hossain, Senior Advocate instructed by M. G. Buiyan, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Review Petition No.145 of 2009. (From the judgment and order dated 27.04.2009 passed by this Divisi..Category: Others | Date: | Hits: 81
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......ntiff and ultimately submitted his report. 4. It is also the case of the petitioners that on 25.9.84 the opposite party filed a petition under Order 47, role 1 of the Code of Civil Procedure for review of the order dated 13.9.84 on the ground that the plaintiff was not ill and was competent to de..Category: Procedural Law | Date: | Hits: 95
....
Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compliance.
Syed Fazle Ahmed J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 193.......lam Chowdhury and to his immediate release.
2. The petitioner's case was that her husband Serajul Islam was a bona fide businessman and Managing Director of Shibra Industries Ltd. Sylhet. With a view to set up a Fruit Processing and Canning Industries at an estimated cost of Taka 54 lacs he a..
Category: Banking Law | Date: | Hits: 151
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
....de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......at the accused persons told him that they were taken to the police barrack first and then shown to the P.Ws. The defence also gave the same suggestion to P.Ws. 1-3 which they of course denied, but in view of the admission of P.W. 8 no reliance should be placed on the T.I. parade and the identificati..Category: Criminal Law | Date: | Hits: 49
State Vs. MA Monir & Others, 1987, 16 CLC (HCD)
....ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183.......he Court by pointing out that the newspaper was still in its formative stage and considering that it was only 8 days old when the offending publication was published, this Court may take a merciful view of the contemners. The contemner Nos. 2-4 have also expressed their regret and have given an ..Category: Criminal Law | Date: | Hits: 35
Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)
....e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......addar. It is true that in the F.I.R. informant did not mention about baitha. But this minor omission in the F.I.R, which is not a substantive evidence, will not stand on the way of prosecution in view of the overwhelming evidence of P.Ws who have corroborated the prosecution as stated by P.W. 1 ..Category: Criminal Law | Date: | Hits: 93
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ......es of the case we do not think that the Tribunal misjudged the punishment that is appropriate in the case. The Tribunal acted completely within its discretion in not awarding the severest sentence in view of some extenuating circumstances. We do not find any reason why the intermediate punishmen..Category: Others | Date: | Hits: 72
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
....y and thus need be released but because of the embargo the court took its hands off and on appeal it was held that the suit has abated. 15. This view, it appears, has been taken by the court below erroneously, by taking a wrong view of the law because in the instant case there are papers to show ......ima Khatun's case reported in 30 DLR (AD) 20. 5. On appeal the learned Additional District Judge, Khulna affirmed the said, holding that the court had no jurisdiction and as the suit had abated in view of Marital Law Regulation No. VII the plaintiff has no case. 6. As against that order this..Category: Property Law | Date: | Hits: 36
Government of Bangladesh and others Vs. Md. Shahinoor Bari and others, 2010, 39 CLC (AD)
....no substance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ......নান্তরের যৌক্তিকতা বহন করে এবং দরখাস্তকারীদের Legitimate Expectation কে সমর্থন করে। 6. In view of the above, we find no substance in the submissions of the learned Deputy Attorney General fo..Category: Employment/Service Law | Date: | Hits: 86
....d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
......d of contract on the reasoning that the plaintiff did not prove the execution of the contract by examining the witnesses, who were supposed to prove it. Under such circumstances, the plaintiff with a view to remove the defect filed an application for recording additional evidence under Order 41 Rule..
Category: Procedural Law | Date: | Hits: 68
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......rwarded copies of the judgments in this regard to the appropriate authorities but no change or improvement has yet been found in the attitude of the functionaries, connected with this matter. In that view of the matter a copy of this judgment be sent to the Secretary, Ministry of Home Affairs, Minis..Category: Criminal Law | Date: | Hits: 45
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ...... Tenancy Act, 1949 and submits that the preemptor is still a co-sharer in the land of CS plot No.139 appertaining to CS Khatian No.2 and the Courts below erred in law in disallowing preemption on the view that the preemptor is not a co-sharer in land. Elaborating, he submits that CS plot 139 was nev..Category: Property Law | Date: | Hits: 39
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......ason to prejudice the trial of the case and that the confessional statement of the condemned prisoner Matiar Rahman has proved the manner of the alleged occurrence supported by other witnesses and in view of the facts and circumstances of the case and the evidence on record the impugned judgment and..Category: Criminal Law | Date: | Hits: 36
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
.... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175.......efendant is a poor man, he has no ability to give maintenance at the rate of Taka 2000 per month to his daughter. But this is a question of fact which has already been decided by the court of fact in view of the evidence before it. The appellate Court, in her judgment, has considered the evidence an..Category: Family Law | Date: | Hits: 186
....mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168.......gst the members of the society but shall be transferred to some other society having similar objects.
19. Considering the object clauses of the memorandum of Association of the society and in view of the principle laid down in the cited decisions, the contention raised by the learned Advocat..
Category: Fiscal/Taxation Law | Date: | Hits: 65
Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
....ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ......ction 30 on sale of the goods in open market between a buyer and a seller independent of each other. 8. So we are of the opinion that the section 25(1) of Customs Act also recognise and accept the view that the price of the imparted goods should be affixed at the normal value vis-a-vis the market..Category: Fiscal/Taxation Law | Date: | Hits: 83
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165....... so, but for that reason it cannot refuse or defer the decree holder’s prayer for mutation of his name and acceptance of rent from him or his other acts in enjoyment of that property. 10. So, it view of above discussion it is evident that this Rule deserves to be made absolute. 11. In the re..Category: Property Law | Date: | Hits: 38
.... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161.......nd it was done according to provisions of law. The defendant-petitioner did not wilfully and intentionally respond to the notices of the Sole Arbitrator and contest the arbitration proceedings with a view to deny payment to the consultant on the plea that the claim had no legal basis and the appoint..
Category: Alternative Dispute Resolution | Date: | Hits: 196
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