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State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....ng innocent individuals. 106. So we cannot but observe that much bigger issues are involved and that penalising this kind of attitude and action of derailed individual offenders is not enough. The root cause and the solutions of the problem are to be found out. To that end the forerunners of our ......d convicts only one namely, Mamun has preferred Jail Appeal No.457 of 2006. The Death Reference and the Jail Appeal have been heard together and they are disposed of by this Judgment. 3. This is a case of murder of two Senior Assistant Judges named Jagannath Pandey(পাঁড়ে) and Shahid Soh..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......n should not be set aside and or such other or further order or orders passed as to this Court might seem fit and proper. Both the jail appeal and the Rule have been heard together. 3. Prosecution case, in short, was that PW 1 Havilder Alamgir Kabir was attached to Sobhani Ghat police outpost on ..Category: Criminal Law | Date: | Hits: 63
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
.... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ...... 2001 against the judgment and order of conviction and sentence. The reference and the criminal appeal including jail appeal are heard together and disposed of by this judgment. 2. The prosecution case of the informant PW 1 Rahena Akhtar, who lodged, first information report is that the deceased ..Category: Criminal Law | Date: | Hits: 91
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......mption. 2. Respondent No. 1 on 2-9-97 made an application under section 96 of the State Acquisition and Tenancy Act, 1950 being Miscellaneous Case No. 25 of 1997 for pre-emption of transfer of the case land measuring about 2.89 acres of land appertaining to SA Khatian Nos. 589 and 596 fully descr..Category: Property Law | Date: | Hits: 69
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
.... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ......trict Judge committed any error of law in passing the impugned judgment and order dated 27-11-2005 which has occasioned any failure of justice. 10. Now let us see the law regarding the transfer of case which is enumerated in section 24 of the Code of Civil Procedure: "24. (1) On the applicati..Category: Civil Law | Date: | Hits: 92
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ......t Judge Court, Shaturia, Manikganj against the petitioner Md. Abdul Aziz, impleading him as defendant for realisation of maintenance under section 5(d) of the Family Courts Ordinance, 1985. 3. The case of the plaintiff, in short, is that the plaintiff Sonia Pervin Liza is the legitimate daughter ..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......offences of rape and murder and abetment thereof under section 6(2) and 6(2)/14 of the Ain, 1995 in terms of the judgment and order passed on 2-9-2003 in Nari-o-Shishu Nirjatan Daman Special Tribunal case No. 43 of 1999 renumbered as 404 of 2002. 2. Apart from the Death Reference, condemned-priso..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......sing the suit. 2. The opposite party Nos. 1 to 10 as plaintiffs instituted the suit for partition in respect of 'Ka' scheduled property and for declaration that the order dated 1-11-1994 in review case No. 2 of 1994 as stated in 'Kha' scheduled land is illegal, without jurisdiction, null and void..Category: Property Law | Date: | Hits: 70
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534...Category: Employment/Service Law | Date: | Hits: 81
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ......ne-3, Dhaka challenging the various disallowances and additions made in the assessment order. The Commissioner of Taxes (Appeals) by his order dated 31-8-98 allowed the appeal in part as in the other case. Against the said order of the Commissioner of Taxes (Appeals) the petitioner preferred ITA No...Category: Fiscal/Taxation Law | Date: | Hits: 88
Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)
....sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529.......GR No. 259 of 2006 now pending in the Court of Chief Metropolitan Magistrate, Dhaka rejecting the prayer for bail. 2. The facts involved for disposal of the Rule are as follows: 3. The prosecution case, as alleged in the first information report, was that one Dipak Chandra Gupta, Assistant Police..Category: Criminal Law | Date: | Hits: 64
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......sentencing appellant Nos. 2 and 3 to suffer rigorous imprisonment for live years each with a line of Taka 3,000 in default to suffer rigorous imprisonment for three months more. 2. The prosecution case, in brief, is that on 11-7-1989 at 12-15 hours Md. Mamunur Rashid (since dead) as informant lod..Category: Criminal Law | Date: | Hits: 52
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ......ated 9‑5‑1993 to said third defendant, KEB and also for a decree of perpetual injunction for restraining PBL from paying any money under said letter of credit to third defendant. 4. Plaint case, in short, is that Gemini opened said irrevocable LC for US $ 194,337.29 C & F at Chittagon..Category: Business or Commercial Law | Date: | Hits: 290
AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)
.... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ......for promotion followed by Bangladesh Petroleum Corporation, the highest Authority of the Subsidiary Company, in consultation with the concerned General Manager of Jumuna Oil Company Ltd and that in case of promotion to the post of Marketing Manager and General Manager (Chief Executive) of the comp..Category: Employment/Service Law | Date: | Hits: 66
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
....the above, we find no substance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......222 of 1994 reversing those dated 26.09.1994 passed by the Assistant Judge, Temporary Additional Court, Sadar, Sylhet in Title Suit No.231 of 1992 dismissing the suit. 2. The facts involved in the case, in short, are that the suit land originally belonged to Dhan Bibi and Toyab Mia from whom Julf..Category: Property Law | Date: | Hits: 74
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
....it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91.......s share of the suit land ought to have been recorded in the name of the plaintiffs. 4. The defendant No.1 contested the suit through his constituted attorney and filed a written statement and the case of the defendant No.1, in short, is that the suit is not maintainable, barred by limitation etc..Category: Property Law | Date: | Hits: 65
.... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......eas respondent No.1 on the basis of credit information report submitted by the respondent No. 3 bank published the petitioners' name in the report. In support of his contention he has referred to the case of Stadmax Ltd. Vs. Bangladesh Bank reported in 50 DLR 594. He has also asserted the competency..
Category: Business or Commercial Law | Date: | Hits: 251
Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
.... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515....... one company only i.e. the Sonear Laboratory Limited, Therefore, the assessee cannot be treated as an employee as provided in Rule 33(3)(b) of the Income Tax Rules. We find support of our view in the case of Commissioner of Taxes Vs. Mr. Anisul Huque in Reference Application No. 38 of 2001 passed by..Category: Fiscal/Taxation Law | Date: | Hits: 91
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......n 21-11-2000 stating that the vessel was found within the territorial waters of Bangladesh on 22-9-2000 and the vessel FV Shin Fa Chern # 20 with 13 crews were arrested by the Bangladesh Navy and the case was started in the Patenga Police Station being No. 10 dated 24-9-2000. Thereafter, on 30-9-200..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......7 and sentencing each of them to suffer rigorous imprisonment for 15 years and to pay a fine of Taka 14,00,000 only each in default to suffer rigorous imprisonment for 3 years. 3. The prosecution case, in short, as it appears from the first information report is that Abu Md. Arif Siddique, Inspe..Category: Criminal Law | Date: | Hits: 53
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