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Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....Judge, Netrokona in Sessions Case No. 224 of 1984, convicting accused-appellant Hazrat Khan @ Hazrat Ali Khan under section 302 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life and acquitting the 3 other accused persons of the charges levelled against them. ......osecution evidence as trustworthy and straightaway acquitted 3 co-accused of all the charges levelled against them. Now in so far as the injury caused by accused Hazrat to the victim concerned we are called upon to scrutinise the evidence of the eye-witnesses vis-a-vis the evidence of PW 7 Doctor Md......t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
....; Md. Fazlul Karim J.- This petition for leave to appeal at the instance of the plaintiff is directed against the impugned judgment and order dated 31‑5‑2001 making the Rule absolute, dismissing the suit, setting aside the judgment and decree of the Courts below decreeing the......er formality, except notice to the parties and a rehearing on the point of change should that be necessary, provided it has not been signed. Another is that after signature a review properly so‑called would lie in civil cases but none in criminal; but the review, when it lies, is only permitte...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....n, Dhaka............Petitioner Vs. The State, represented by the Deputy Commissioner, Dhaka........Opposite Parties Judgement December 11, 2001 Result: Rules are made absolute. Code of Criminal Procedure, 1898; Section 439 & 202(Chapter-XVI) Constitu......because of administering and dispensing real and substantial justice, the Court alone exist and there is no species of injustice where the High Court Division cannot correct where its interference is called for. Hencefoth, the Judicial Inquiry will be performed by metropolitan Magistrate Dhaka ......gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
.... Shankar Lal Das ………….Petitioner Vs. Janata Bank and others... Opposite Parties Judgment November 18, 2001. Result: The Rule is made absolute without any order as to costs. Cases Referred to- Bank of Dacca Ltd. vs. Gour Gopal......he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ......re beyond repair. Now Mr. Shamim wants us to believe that the trucks have over the years turned into junk. If it is so, the decree holder Bank cannot evade the consequence—the liability for the loss of the trucks. The decree holder Bank must be held accountable, at least for the worth of the t..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....J Bangladesh Legal Aid and Services Trust and another...........Petitioners Vs. Bangladesh and others...........Respondents Judgment November 6, 2001. Result: The Rule is made absolute. Cases Referred to- State Vs. Deputy Commissioner, Satkhira and others, 45 DLR (HCD) 64......e children should be released on bail instead of being subjected to incarceration in jail.” 8. In the People’s Republic of Bangladesh, “The Children Act, 1974” (XXXIX of 1974) (hereinafter called the Act) came into effect for Dhaka District vide Notification dated 11-09-1967 and for all o......em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....g which is of quasi-criminal in nature the onus lies heavily on the contempt petitioner to prove every detail of the contempt which is very much lacking in this case. Moreover in contempt matter personal liability of the contemner is first and foremost consideration which is also singularly abse......acts of the case the learned Judges of the High Court Division took a too drastic step of punishing the appellant for contempt of court being a little touchy and unduly sensitive which was not at all called for in this case.” These are the most appropriate observations ......y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
.... (ii) To pass necessary order or orders directing the defendants as per report of defendant No. 2 Chief Engineer, Housing and Settlement, Segun Bagicha, Dhaka vide Memo No. 3/344/1007 dated 7-5-92, also to make further direction to the defendants that in view of the plaintiff’s social and fina......be exhibited, even then, we are of the view that the learned Subordinate Judge should not have marked them as exhibits, as firstly, these documents are photo copies of the originals of which were not called for and secondly, these documents are confidential official letters beyond the access of the ......mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Abu Zafar Tipu Vs. Syed Abu Siddique, 2000, 29 CLC (HCD)
....pu…………………………Petitioner Vs. Syed Abu Siddique……………………………Opposite party Judgment November 16, 2000. Result: The Rule is made absolute. When claims of the parties are to be settled on the basis of accounting, the li......li - For the petitioner. S.N. Goswami - For the opposite party. Criminal Miscellaneous Case No.5909 of 1999. Judgment Md. Hamidul Hague J.- By this Rule the opposite party was called upon to show cause as to why the proceedings in C.R. case No.3643 of 1998 (T.R. No.92/88) no......C.R. Case No.3643/98 (T.R.No.97/99) now pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 93. ..Category: Procedural Law | Date: 16 Nov, 2000 | Hits: 3
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....abor PS Mohammadpur, Dhaka, was owned by Mr. MS Islam who by baina dated 15-4-80 agreed to sell the Suit land along with other lands to Mr. Mohshahid Ali Chowdhury, the father of the plaintiff, and also received Taka 8,50,000.00 as part of the consideration money but subsequently, Mr. MS Islam, whil......d so the inspection as prayed, is necessary and the learned Assistant Judge, on consideration of the documents produced before it, passed the impugned order and accordingly, no interference is at all called for. Mr. Chowdhury next submits that the plaintiff on one hand, claimed possession of the sui......t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
Azibor Mollick Vs. State, 2000, 29 CLC (HCD)
....iction relying on such a statement was not legal and further, according to him, the conviction is based on no evidence. 3. The learned Deputy Attorney-General conceded that when the victim was also examined in the Court and deposed as P.W.4, it was not proper on the part of the trial Court to r......etitioner. Nikhilesh Dutta, Deputy Attorney-General—For the State. Criminal Miscellaneous Case No. 601 of 1999. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the judgment and order dated 29-9-98 passed by the নারী ......ent petitioner is quashed. Let the convict-petitioner Azibor Mollick be set at liberty at once if not wanted in any other connection. Ed. This case is also Reported in: 52 DLR (2000) 576. ..Category: Women and Children | Date: 9 Aug, 2000 | Hits: 82
State Vs. Babul Hossain, 2000, 29 CLC (HCD)
....n J ABM Khairul Haque J State …………………………………………………………Appellant Vs. Babul Hossain…………………………………..………Condemned Prisoner Judgment May 4, 2000. Cases Referred To- Rahmat Box Vs. State 22 DLR 482; Nurjaha......chula’ inside the hut. The witness has denied defence’s suggestion that at the time of incident Babul was in his shop. The witness has stated that Taslima was treated by villager doctor on being called by the accused. 9. P.W.2, Anwar Hossain, who accompanied P.W.1 in the morning of Saturday ......t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ..Category: Women and Children | Date: 4 May, 2000 | Hits: 115
Category: Family Law | Date: 1 Jan, 2000 | Hits: 240
Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
....nd the asessee disclosed net profit of Taka 2,78,17,766/- which however, was assessed at Taka 2,95,35,926/- by the Deputy Commissioner of Taxes including an income of Taka 94,18,413/- from other sources other than the income derived from commercial operation. The Deputy Commissioner of Taxes a......eated as a company for the purpose of assessment of Income Tax. The assessee company obtained tax holiday benefit under the provisions of Section 45 of the Income Tax Ordinance, 1984 (hereinafter called "the Ordinance") for a period of 9 years commencing from 1st of October, 1983 subject to ...... the purpose of charging income tax. The learned advocate referring to the case of Zia Fertilizer Company Ltd. (the reference applications No.14 and 16 of 1995) submits that an assessee may become losser when the benefit of tax holiday is available if in computing the total income of the assesse..Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9
Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118
Parveen and another Vs. State, 1999, 18 CLC (HCD)
....n Daman (Bishesh Bidhan) Adalat, Dhaka, in Nari-O-Shishu Nirjatan Case No.43/99 rejecting the prayer of the appellants for discharging them and framing charge against them along with other accused persons under section 6(2)/14 of the Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995, (Act XVII......ection 19A of the Arms Act. It was further held that the principle of res judicata does and should apply to criminal proceedings in the same way as to civil proceedings inasmuch as a person cannot be called upon to contest the same question over and over again. But in order that the said principle m......645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ..Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....…………… Respondents Judgment December 3, 1998. (i) Muslim Law-Divorce and Maintenance-Meaning of ‘Mataa’ Per A.T.M. Afzal CJ: Mataa is something to which a divorced woman is entitled and which the former husband is under an obligation ......an Supreme Court in the Shah Bano case, AIR 1985 (SC) 945, which, as is well-known, caused a great stir in that country and the result was that the Government of India had to bring about an enactment called “The Muslim Women (Protection of Rights on Divorce) Act, 1986” by which prima fac......udges considered the literal meaning of the First Part of Ayat 241 of Sura Al-Baqarah(2) reproducing word for word the English translation of the said part of the Ayat from “The Dictionary and Glossary of the Koran” by john Penrice and immediately held that a person after divorcing his w..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181
Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)
....contest. Against the aforesaid order of dismissal the defendant opposite parties took an appeal before the District Judge, Jamalpur being Miscellaneous Appeal No.22 of 1993, and the said appeal was also dismissed on 8-3-95. Thereafter, the plaintiff petitioner started Other Class Execution Case No.1...... disallowing the petitioner’s prayer for making amendment in the schedule of the plaint and a corresponding amendment in the execution case under section 151 of the Code of Civil Procedure has been called in question. 2. Short facts relevant for the purpose of the case are that, the petitioners......he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150...Category: Property Law | Date: 12 Jul, 1998 | Hits: 31