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Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

....rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......for ascertaining whether the same is covered by the land of the kabuliyats, Exts. 1 and 1 (a), and also to produce Wazibul Arz and other documents, if any. After remand plaintiffs took out a local investigation and filed the Wazibul Arz, a certified copy of the thak papers maintained by the Gove..

Category: Property Law | Date: | Hits: 69

ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)

....and discharged the Rule issued in the matter. 3. It is contended on behalf of the petitioner that, the judgment delivered earlier on 18.7.1990 was understood by the learned Advocates of the parties as well as by the parties present in Court as an agreed judgment as the learned presiding j......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ..

Category: Procedural Law | Date: | Hits: 128

Lutfar Rahman Vs. State, 1973, 2 CLC (AD)

....e work of sink­ing the tube-wells was not properly done and the money had been misappropriated by the appellant in collusion with 2 members and the Chairman of the Union Council. Anti-Corrup­tion Department made preliminary enquiries and filed F.I.R. and after investigation sub­mitted charge-shee......e money had been misappropriated by the appellant in collusion with 2 members and the Chairman of the Union Council. Anti-Corrup­tion Department made preliminary enquiries and filed F.I.R. and after investigation sub­mitted charge-sheet against the accused per­sons. The case was tried by an Assis..

Category: Criminal Law | Date: | Hits: 84

Karachi Stock Exchan­ge Vs. Kurban Ali M. Mer­chant and others, 1973, 2 CLC (AD)

....t business vide rule 3 of the relevant Rules, being subject by such Rule "to a first lien for payments to be made in Forward Settlement" is in law to be treated as subject to "a possessory lien which partakes of the nature of a floating security". Mr. Sharifuddin Pirzada for the Karachi Stock Exchan......" of the Karachi Stock Exchange and therefore did not constitute a debt due to the defendant sec­ondly, that two persons had put in claims' aga­inst defendant to the Stock Exchange which were under investigation, and thirdly, that a suit for accounts had been filed against the de­fendant by a Mr...

Category: Business or Commercial Law | Date: | Hits: 74

Sirajul Islam Vs. State, 1973, 2 CLC (AD)

.... Vs. The State........................Respondent Judgment February 2, 1971. The Penal Code, 1860 (XLV of 1860), section 409 Criminal Breach of Trust There was a practice in the department to give advances to officers, although it was not warranted by the Financial rules. In view......ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ..

Category: Anti-Corruption Laws | Date: | Hits: 142

Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)

.... fresh petition for bail being Cr. Misc. No. 8143 of 1970 which was accepted on 3rd December, 1970, and bail was granted to respondent No. 1 as he had allegedly raised only a lalkara and had taken no part in the assault on the deceased and his companions. 3. Mohammad Sharif, the private complai­...... to the Court of Sessions Judge for trial on charges punishable with death or transportation for life, his bail may be can­celled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ..

Category: Criminal Law | Date: | Hits: 60

M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)

.....................Respondent Judgement November 24, 1970. The Income Tax Act, 1922, second proviso to section 10(2)(vii) The transaction between a firm composed of two partners and a limited company of which the said two partners are only shareholders, was not a busin......urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)

....se of fatal accident caused by a motor vehicle Insurance Company is liable to pay the decreetal amount of compensation as if it were a judgment debtor even though the Insurance Company was not made a party-defendant in the suit. The only condition necessary to make the Insurance Company so liable is...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ..

Category: Others | Date: | Hits: 124

Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)

....ate, the respondent No. 1 moved the Additional Sessions Judge for bail on the ground that he had produced evidence of alibi before the Investigating Officer and that there was inordinate delay on the part of the prosec­ution in the conduct of the inquiry. The appli­cation was dismissed by the Addi......he appli­cation was dismissed by the Additional Ses­sions Judge who remarked that as the res­pondent No, 1 is an Assistant Sub-Inspector of Police, his release on, bail was likely to prejudice the investigation and that the report under section 173 Cr.P.C., indicated that the Police were trying t..

Category: Criminal Law | Date: | Hits: 96

Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)

....ate, instructed by Muhammad Nurul Huq, Advocate-on-Record—For the Appellant. Ahmed Sobhan, Senior Advocate, instructed by Abu Bakkar, Advocate-on-Record—For Respondent Nos. 1(a) to 1(c). Ex parte-Respondent Nos. 2 to 4. Civil Appeal No. 103D of 1968. (On ap­peal from the judgment a......ment and decree of the High Court are set aside and these of the trial Court resto­red. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ..

Category: Banking Law | Date: | Hits: 230

The Advocate-Gene­ral, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)

.... expression "migration" envisages two conceptions, name­ly, going away from the territory of one coun­try to the territory of another and the inten­tion to abandon the domicile of the country of departure and to acquire the domicile of the of arrival in order to make that  country a place of his......ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ..

Category: Criminal Law | Date: | Hits: 59

Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)

....ons (Compensation and Rehabilitation) Act, 1958, section 2(3) A person in order to qualify himself as a “displaced person” must have a permanent residence or such continuous habitation in that part of British India which subsequently formed part of India with no immediate intention of leaving......ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ..

Category: Property Law | Date: | Hits: 61

Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)

....Senior Advocate with him), instructed by Nawab Ali, Advocate-on-Record- For Respondent Nos. 3-4.                Ex parte- For Respondent Nos. 1-2, 5-6.         Civil Appe...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ..

Category: Business or Commercial Law | Date: | Hits: 94

Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)

.... 4. The respondent-defendant Nos. 2 and 3 contested the suit by filing a written statement contending, inter alia, that defendant No.1 being the owner of the suit land was in possessing of a part of the same and in the remaining portion he inducted tenants and was possessing the same throu......out any order as to costs and the suit is decreed without any costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 173.  ..

Category: Property Law | Date: | Hits: 53

Islamic Law Research Centre & Legal Aid Bangladesh Vs. Eva Sunanda Chowdhury & others, 2002, 31 CLC (AD)

....angladesh………………Petitioner Vs. Eva Sunanda Chowdhury & others…………………………….……..Respondents Judgment June 17, 2002. Result: The controversial part of the judgment of the High Court Division is expunged. The Constitution of Bangladesh, 1972......eby expunged. The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 168. ..

Category: Family Law | Date: | Hits: 192

Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)

....in the interest of the Corporation even though it noticed that materials were placed before the Managing Director or that the orders were discriminatory. There is no allegation of any malafide on the part of the appellants in passing the impugned orders. In the absence of any allegation of malafide ......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ..

Category: Employment/Service Law | Date: | Hits: 186

Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)

....he unknowingly does not make a statement to a question which might have a tendency to expose him to a criminal charge”. The High Court Division on consideration of the provisions of the Act, particularly provision of section 3 of the Act and the provision of sections 94 and 160 Cr.P.C. fin......w to issue the notice under the aforesaid sections of the Cr.P.C. It was also contended that power under sections 94 and 160 Cr.P.C. could only be exercised by the Police Officer for the purpose of investigation where a case has been recorded and that the enquiry being not investigation, officers..

Category: Criminal Law | Date: | Hits: 58

Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)

....perty and anyone may take a certified copy of the same and in case of case diary if the Investigating Officer is directed to put in certain portion of the diary in his affidavit this will make that part of the diary a public document which no Court can order. In a proper case for its satisfactio......and the accused was taken to the Cantonment and he was also tortured there. To ascertain whether the accused was subjected to any torture as alleged it is necessary to obtain a statement from the investigation officer who took the accused on remand and kept him in his custody for the purpose o..

Category: Criminal Law | Date: | Hits: 65

Giasuddin and another Vs. State, 2002, 31 CLC (AD)

....mned prisoners and another (since deceased) suddenly appeared there and they obstructed the rickshaw and immediately thereafter these two condemned prisoners started giving Kiris blows at different parts of the body of deceased Mostafizur Rahman who fell down from the rickshaw and met with an ins...... bicycle. Thereafter first information report was lodged by SI PW 9 Molla Mohammad Shahjahan suo moto with Hatia Police Station naming the condemned prisoners and others and he himself took up the investigation of the case which was completed by PW 17 Md Shamsul Haque Khondker. All the investiga..

Category: Criminal Law | Date: | Hits: 47

Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)

....shing or making out of a prima facie case in law cannot be considered to have established the case finally or conclusively or said to have proved the case for having the relief sought by the first party in the proceeding conclusively or in other words free from alloy………&hell......ame are allowed.   There is no order as to cost.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 126.  ..

Category: Property Law | Date: | Hits: 55