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Billal Vs. State, 2000, 29 CLC (AD)
....is shop that his brother Alamgir lying near Mirpur Bus Stand No.1 in bleed injured condition Thereafter informant went there and found many people surrounding the victim. Thereafter a police patrol party came there and took away the victim along with PW 4 to Dhaka Medical College Hospital where ......ellant owes an explanation as to the cause of murder of victim [see the case of Amir Hossain vs. State reported in 37 DLR (AD) 139]. Instead of giving an explanation appellant absconded during the investigation of the case till he was arrested after submission of the charge-sheet. As the appella..Category: Criminal Law | Date: | Hits: 58
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....reconvey the land was fraudulently inserted in the deed; and that the suit for redemption of mortgage was not maintainable as in view of Presidents Order No. 88 of 1972 the transaction between the parties became a past and closed transaction. 6. Leave was granted to consider the followin......y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ..Category: Property Law | Date: | Hits: 64
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
.... answered the interrogatories on the date fixed. 2. The plaintiffs’ application for striking out the defence was ultimately taken up for hearing on 17 November 1996. After hearing the parties the learned Subordinate Judge rejected it, holding that the requirement of Order 11, rule 8......udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ..Category: Procedural Law | Date: | Hits: 97
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....y, Ministry of Finance……………………Appellant Vs. Md. Masdar Hossain and others………………………Respondents Judgment December 2, 1999. Result: The appeal is partly allowed. The Constitution of Bangladesh, 1972, Article 134 Article 152(1) The judici......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ..Category: Constitutional Law | Date: | Hits: 829
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....n (5) of section 5 of the Ain it is clear that the provision of Order 9 rule 9 of the Code may be followed by the plaintiff financial institution before the Artha Rin Adalat for setting aside an ex parte order of dismissal of the suit for default.………………........pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ..Category: Business or Commercial Law | Date: | Hits: 104
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....disclosed by the respondent No.1 in the impugned order directing the appellant to refrain from performing the functions of the Managing Director the same was arbitrary exercise of discretion on the part of the respondent No.1 and High Court Division erred in law in not holding so and discharging ......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ..Category: Business or Commercial Law | Date: | Hits: 116
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
.... centre during the time of counting of ballots. He submits that the High Court Division committed wrong in holding that there was no disturbance during the poll. But counting of ballot papers is a part of conducting of the election. So if any disturbance takes place even during counting of ballo......d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Election Law | Date: | Hits: 110
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....ngonj on 6-10-97. The statement of the victim was recorded under section 164 of the Code of Criminal Procedure and she was remanded to (safe) custody. 4. The Investigation Officer as well parties made prayer before the learned Magistrate, Narayangonj for obtaining report from the Civil ......lice Station Case No. 1 dated 12.1. 97 under section (Kha) and 9 (Ga) of the Nari O Shishu Nirjatan (Bishesh Bidhan) Ain, 1995. 3. The case was registered as GR Case 892 of 1997 and during investigation, the victim girl Lata Rani Saha and accused respondent No.1 Khondaker Zayedul Hoque w..Category: Criminal Law | Date: | Hits: 48
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....ip;…………(7) Lawyers Involved: Abdus Sobhan, Senior Advocate, instructed by Md Aftab Hossain Advocate-on-Record— For the Petitioner. Ex-parte — Respondent. Criminal Appeal No. 11 of 1995. Judgment ...... law shall be investigated, enquired into, tried and otherwise dealt with according to the same provision, but subject to any enactment for the time being in force regulating the manner or place of investigation, inquiring into, trying or otherwise dealing with such offences. 7. If the ..Category: Criminal Law | Date: | Hits: 59
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....rder dated 21-9-98 passed by the Senior Assistant Judge, Barguna in Title Suit No. 17 of 1998 rejecting an application under Order VII rule 11 of the Code of Civil Procedure. 2. Plaintiff-opposite party No. 1 filed Title Suit No. 17 of 1998 in the Court of Senior Assistant Judge, Barguna for decl......of Civil Procedure, 1908 (V of 1908), Order VII rule 11(d) There is no illegality in holding that the question of limitation and res judicata are mixed question of law and fact which need through investigation on adequate evidence for arriving at a correct decision on framing specific issue by t..Category: Civil Law | Date: | Hits: 142
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
....rds under the Court of Wards Act, 1879. The Bhawal Raj Estate instituted a suit in 1938 against the Government respondents and in 1939 the suit was disposed of by a compromise decree in between the parties. Thereafter, the properties of Bhawal Raj Estate were sold to different persons including t.......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. ..Category: Constitutional Law | Date: | Hits: 164
....que Siddique, Advocate- on-Record — For Respondent No. 1.
Not represented — Respondent No. 2.
AW Khandker, Senior Advocate, instructed by M Nawab Ali, Advocate-on-Record — For the added party.
Civil Appeal No. 80 of 1997.
(From the judgment and order dated 7 July, 1996 passed b......5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
..
Category: Labour and Industrial Law | Date: | Hits: 163
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... is to test the ability of the witness to identify a suspected person and to ascertain whether there is sufficient evidence to place him on trial. A Magistrate is chosen merely as a person whose impartiality and honesty is less likely to be called into question by defence when the case is under ...... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ..Category: Criminal Law | Date: | Hits: 92
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
....rotective custom duty is involved. In coming to a decision in respect of each item the committee must have in its possession contemporaneous documents to show that the international market price of a particular item of import or export has either gone up or down during the interim period between the...... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....been issued by the appellant 10 explain why respondent’s licence would not be cancelled vide memo dated 9-2-94 which did not give any specific charge in respect of any omission or commission on the part of the respondent as recruiting agent but only referred to alleged warning given to the respond......with another agency in illegally sending workers to Malaysia. In his reply the respondent categorically stated that the alleged complainant in the aforesaid case, one Bahadur Pathan, had informed the investigation cell of the manpower bureau, both verbally and in writing that he had not made any com..Category: Constitutional Law | Date: | Hits: 192
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....ction under 561A of the Code of Criminal Procedure. At the hearing of the matter in the High Court Division it was argued on behalf of the respondents that the dispute which cropped up between the parties subsequently after the completion of the Air Conditioning work at the BTV Auditorium was es......o;s further allegation is that the Police recovered the property listed in the First Information Report from the possession of respondent No. 2. 3. Police submitted charge-sheet after investigation and ultimately a Metropolitan Magistrate framed charges against all the respondents u..Category: Criminal Law | Date: | Hits: 93
Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)
....ing to the provision of the Premises Rent Control Ordinance will be a defaulter and not entitled to protection under section 18 of the Ordinance. It is; however, open to a tenant to plead waiver in a particular case to show that the landlord waived his right to receive rent in terms of the agreement......t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ..Category: Tenancy Law | Date: | Hits: 70
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
.... and 1976-77 respectively. The Tribunal by order dated 4-4-84 rejected all the contentions of the appellant in respect of assessment year 1975-76 and dismissed the appeal and allowed the appeal in part in respect of assessment year 1976-77. 7. Thereafter the appellant moved the High Court......vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ..Category: Fiscal/Taxation Law | Date: | Hits: 120
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
.... his own yard he carried on the same business by purchasing scrap ships and beaching and breaking the same on hired yards since several years last past. He obtained necessary permission from the Department of Industries, Government of Bangladesh on 29-7-85 (Exts. 5 and 5(a)) for setting up a sh......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....ench concerned, we say with respect, has been disposing of appeals (also other matters) in a manner to which objection is being raised not only by the losing side but sometimes also by the winning party. Facts of the case sometimes are not even carefully stated, arguments are but little noticed ......W 1 went to the Police Station and informed the Police on duty. The OC assured that he would visit the place of occurrence. 4. Police visited the polling centre in the afternoon and took up investigation of the case and ultimately submitted charge sheet against 16 accused including the re..Category: Criminal Law | Date: | Hits: 77
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