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Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)

....against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......he prayer of the accused and framed charge against him under sections 406/420 of the Bangladesh Penal Code and fixed 30.3.85 for examinations of witnesses. 4. Petitioner did not challenge the said order of the learned Magistrate before the Sessions Judge in revision but moved this Court under sec..

Category: Criminal Law | Date: | Hits: 132

Shafiq Ahmed Vs. Chairman, Bangladesh Che­mical Industries Corpora­tion and others, 1992, 21 CLC (HCD)

....ition, leaving nothing for us to interfere in mandamus. We find no substances in this application which is thus summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 95. ......desh is directed against Memo No. SPRM/Forest/27/92‑93/135 dated 15.9.92 issued by the Additional Chief Manager of Sylhet Pulp and Paper Mills Limited, Chatak, Sunamgonj giving the provisional work order in favour of respondent No.6 Mr. MA Momit (Asuk) Annexure ‘N’. 2. It is the case of the..

Category: Others | Date: | Hits: 128

Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)

....rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......­ For the Opposite Parties. Appeal from Original Decree No. 107 of 1987. Judgment AM Mahmudur Rahman J. - By this Rule the opposite parties were directed to show cause as to why the impugned order passed by the Trial Court on September 16, 1986 rejecting an application for adding the petiti..

Category: Property Law | Date: | Hits: 67

Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)

....s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......y on 2.1.84 a letter was issued by the Sub‑Divisional Officer, Sadar, Dhaka (Exhibit) to appear with his papers in support of his claim. The plaintiff alleged that he produced all his papers but no order was passed. However the claim of the plaintiff was never denied. Hence there is no question of..

Category: Property Law | Date: | Hits: 73

Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)

.... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ......disputed land to the defendants. His argument is based on the provisions of section 4 of the Partition Act, 1893. From a close reading of the provisions of section 4 of the Act it seems to me that in order to have the benefit of section 4 of the Partition Act the defendants are to satisfy the Court ..

Category: Property Law | Date: | Hits: 66

Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)

....nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......y must remember that they submit only to bury the dispute once and for all. 3. Now, I proceed to deal with the appeal. The appellant has taken in the memorandum of appeal as many as 28 grounds. In order to appreciate the contention raised at the Bar it is necessary, in nutshell, to state the fact..

Category: Alternative Dispute Resolution | Date: | Hits: 174

Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)

....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......d namely, Noor Ahmed, Seraj Ahmed, Abdul Motaleb, Sona Ali, Abul Hossain, Faiz Ahmed, Sekander Fakir, Eunus, Kala Mah, Putiakabli and Nurul Huq of the charges brought against them by his judgment and order dated 8.6.89 in Sessions Trial No.25 of 1987 out of which the present appeal has arisen challe..

Category: Criminal Law | Date: | Hits: 86

SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......dvocates-For the Respondent. Writ Petition No. 3002 of 2010. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a judgment debtor in a money decree, was issued calling in question order dated 5.4.2010 passed by Artha Rin Adalat No.3, Dhaka in Artha Execution Case No.131 of 2009 r..

Category: Procedural Law | Date: | Hits: 80

Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)

.... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ......on, electrical work and renovation of 12 floor of the building shall not be declared illegal and without any lawful authority and also as to why the respondents shall not be directed to issue an work order in favour of the petitioner and/or such other or further order or orders passed as to this cou..

Category: Others | Date: | Hits: 133

Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)

....Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ......appellants. Md. Asheque Momin, Assistant Attorney General -For the respondent. Criminal Appeal No. 300 of 1997. Judgment Md. Ruhul Quddus J. - This appeal is directed against judgment and order dated 20.2.1997 passed by the Additional Sessions Judge, Bagerhat in Session Case No.41 of 199..

Category: Criminal Law | Date: | Hits: 58

Babul and others Vs. State, 2011, 40 CLC (HCD)

....other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......llants. Matiur Rahman Howlader, Assistant Attorney General-For the respondent. Criminal Appeal No.4652 of 2008. Judgment Md. Ruhul Quddus J. - This appeal is directed against judgment and order dated 18.6.2008 passed by the Additional Sessions Judge, Lakshmipur in Session Case No.86 of 1..

Category: Criminal Law | Date: | Hits: 111

Bulu and others Vs. State, 1992, 21 CLC (HCD)

....evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ...... for life and to pay fine of Tk. 2,000.00 each, in default, to suffer rigorous imprisonment for one year more in Sessions Case No.11of 1989. All the three appeals arising out of the same judgment and order of conviction and sentence passed by the same court are taken up simultaneously one after anot..

Category: Criminal Law | Date: | Hits: 83

Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)

....s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......89 (Jessore) Criminal Appeal No.423 of 1991 (Dhaka). Judgment Kazi Ebadul Hoque J.- This appeal at the instance of the convicted appellant Abdul Khaleque is directed against the judgment and order dated 17.8.89 passed by the Additional Sessions Judge, Jessore in Sessions Case No.1 of 1987 c..

Category: Criminal Law | Date: | Hits: 78

Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)

....fairness and fairness cannot be secured without giving a hearing to a person against whom some allegations have been made. 13. Moreover, it is now well‑settled that an appealable order must be a speaking order, based on evidence and material taken on affidavit or on examination of witnesses and......nts. Writ Petition No.173 of 1992. Judgment KM Hasan J.- This Rule Nisi obtained under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh is directed against an order dated 14.1.1992 (Annexure 'D') passed the Administrator of Waqfs, excluding Tobarak Sikder fro..

Category: Trust/Waqf Law | Date: | Hits: 157

Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)

....assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323.......the Petitioners. Md. Azizul Huq, Advocate ‑ For the Opposite‑Party. Civil Revision No. 440 of 1985. Judgment Mohammad Gholam Rabbani J.- This Rule is directed against the judgment and order dated 29.5.85 passed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984. ..

Category: Procedural Law | Date: | Hits: 95

Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)

....tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......urdering one Amjad Ali and they were placed on trial before the Additional Sessions Judge, First Court, Sylhet, in Sessions Case No.228 of 1992. The defence plea was of innocence. By the judgment and order dated 27.9.83 under appeal the learned Additional Sessions Judge convicted the accused appella..

Category: Criminal Law | Date: | Hits: 62

Abu Bakkar and and another Vs. Md. Akbar Ali Biswas and others, 1991, 20 CLC (HCD)

.... any error of law occasioning failure of justice in passing the impugned order. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 62. ......Rahman, Advocate – For the Petitioners Civil Order No. 2771 of 1991. Judgment Md. Mozammel Haque J.- This is an application under section 115 of the Code of Civil Procedure challenging the order dated 19.8.90. The petitioner Nos.1 and 2 are the defendants in the suit. They filed an applic..

Category: Procedural Law | Date: | Hits: 77

Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)

....ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ....... The bar of suit can not be attracted. A plaintiff must be seen after actual withdrawal of first suit without obtaining permission to sue afresh. If he is not caught in this position then the bar of order 23 rule 1(3) C.P.C. is not attracted.      Order XXIII rule 1(3)..

Category: Procedural Law | Date: | Hits: 92

Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)

....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ...... We will thus conclude that bonuses as in the cases of the appellant‑company are allowable business expenditure within the meaning of section 10(2) of the Act and they shall be allowed as such. The orders of the DCT disallowing such expenditure and those of the learned AJCT confirming them shall t..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)

....erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35....... application under Article 102 of the Constitution prays for issuance of a Rule Nisi upon respondent Nos. 2 and 3 of the Tribunal No.1, Bangladesh Bar Council, Dhaka asking them to show cause why the order dated 13.3.91 (Annexures 1-3 ) passed by the respondent Nos. 2 and 3 should not be declared to..

Category: Employment/Service Law | Date: | Hits: 94