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Abdul Rouf (Md.) alias Nayan Vs. State and another, 1999, 28 CLC (HCD)
.... Rule is made absolute. Proceedings of CR Case No. 301 of 1990 pending in the court of Chief Metropolitan Magistrate, Chittagong are quashed. Ed. This Case is also Reported in: 53 DLR (2001) 283.......why the proceedings of Criminal Case No. 301 of 1990 now pending in the court of Chief Metropolitan Magistrate, Chittagong should not be quashed. 2. The relevant facts are as follows: The above case arose on the basis of a petition of complaint filed by the opposite party No.2 before the Metro..Category: Criminal Law | Date: | Hits: 39
.... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280.......te Judge and Commercial Court, Chittagong in Money Suit No. 22 of 1987 allowing the prayer for amendment of the plaint has been called in question.
2. Short facts relevant for the purpose of the case are that, opposite party No.1 as plaintiff instituted a suit in the 3rd Court of Subordinate Ju..
Category: Civil Law | Date: | Hits: 91
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......re Election Tribunal impleading returned candidate, petitioner and others as respondents for declaring the election of returned candidate, the petitioner void. 10. Main attack launched or the main case projected before the Election Tribunal by opposite party was that petitioner was shown to have ..Category: Election Law | Date: | Hits: 89
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ...... himself in the participation of commission of murder and, as such, the disputed confession cannot be the legal basis for conviction and sentence of the appellant, that there is no eye-witness in the case and there is no corroborative evidence as to the circumstances, the prosecution witnesses gave ..Category: Criminal Law | Date: | Hits: 38
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
.... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262.......trial Court on remand for trial afresh for the second time, the Appellate Court in the interest of justice, ought to have decided the matters himself once and for all. As such, instead of sending the case back on remand I have decided to consider myself the questions raised by the learned Appellate ..Category: Civil Law | Date: | Hits: 94
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
.... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......ds or figures alleged to have been written by such person. The section applies also, with necessary modifications, to finger impressions.” (emphasis supplied) 15. The principle enunciated in the case of State (Delhi Administration) Vs. Pali Ram reported in AIR 1979 (SC) 14, though in a criminal..Category: Procedural Law | Date: | Hits: 85
Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)
....f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256.......f their marriage to different families. Accordingly, the schedule property has ceased to be a dwelling house belonging to an undivided family and, as such, section 4 has no application in the present case. The learned Advocate also contends that the application under section 4 being pre-mature was r..Category: Property Law | Date: | Hits: 113
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254.......angpur and the Manager Uttara Bank, Rangpur Branch, to show cause as to why the impugned judgment and decree passed ex-parte on 25-10-1990 in Artha Rin Case No. 55 of 1990 and the proceedings of that case should not be declared to have been made without any lawful authority and is of no legal effect..Category: Civil Law | Date: | Hits: 93
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......ommended by the Advisory Committee. The said rule 10 has further been substituted by notification dated 14, December, 1982 providing the area a Nikah Registrar may be licensed shall be: (a) in the case of Municipality; (i) if it is under a Municipal Corporation not more than the areas of five ..Category: Constitutional Law | Date: | Hits: 109
Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234.......not considering the fact that the DCT estimated the professional income on the basis of past record but estimated the income higher than the previous year baselessly and committed the same mistake in case of family expenses. 9. Mr. Dabiruddin Ahmed, the learned Deputy Attorney-General appearing f..Category: Fiscal/Taxation Law | Date: | Hits: 64
Golam Mostafa Vs. Begum Rokeya Khandaker & others, 2001, 30 CLC (HCD)
....f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232.......us Case. The said Miscellaneous Case was renumbered as Miscellaneous Case No.18 of 1990 on transfer to second Court of Senior Assistant Judge, Narayanganj. Pre-emptee-petitioner was a stranger to the case holding. 3. Petitioner of Civil Revision petition as pre-emptee resisted Miscellaneous Case ..Category: Property Law | Date: | Hits: 23
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
.... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229.......ndants the learned Assistant Judge allowed the prayer for injunction and an order of ad interim injunction passed on 27-11-1997 was made absolute with a finding that there is prima facie and arguable case in favour of the plaintiff. 5. Against the order dated 15-2-1998 passed by the learned Assis..Category: Administrative Law | Date: | Hits: 146
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226....... dated 12-6-98 corresponding to GR Case No. 116 of 1998 under sections 147/148/323/3 326/302/34 of the Penal Code rejecting the petition filed on behalf of the informant. 2. The short facts of the case are that one Md Mojiruddin as informant lodged a first information report with Haripur Police S..Category: Criminal Law | Date: | Hits: 40
....im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
......m order of mandatory injunction directing the defendants Nos.1 to 3 to restore possession is not only misconceived but also clear abuse of the process of the Court. He also cites the decisions in the case of Nandan Pictures Ltd Vs. Art Pictures Ltd, AIR 1956 Calcutta 428; Ministry of Communication V..
Category: Civil Law | Date: | Hits: 84
Labu Mia Vs. State, 2001, 30 CLC (HCD)
.... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ......ormation Report. The name of the aforesaid Labu was not mentioned as an accused. 4. Be that as it may, Sub-Inspector Ekabbor Ali attached to Nilphamari police station submitted charge sheet in the case on 30-11-2000 against the aforesaid 8 (Eight) first information report named accused and also a..Category: Criminal Law | Date: | Hits: 101
Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)
....rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217....... to oppose the Rule. 7. The learned Advocate appearing for the petitioner has placed before us the impugned order and the relevant provisions of the Artha Rin Adalat Rin, 1990. In the facts of the case, we clearly find that the learned execution Court went beyond the decree by exempting 60% of th..Category: Civil Law | Date: | Hits: 92
Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
....of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......ing expert opinion at the appellate stage was belated and is a device to prolong the proceeding and being not bona fide should have been rejected by the Appellate Court. Mr. Samad has referred to the case of Nowazrullah and another Vs. Waz Khatun and another reported in 45 DLR 279 in support of his ..Category: Procedural Law | Date: | Hits: 90
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ......udited accounts of the assessee disallowed certain deductions on omnibus grounds and, as such, the said disallowances are not sustainable in law. In support of his contention Mr Hossain relies on the case of Md. Umar Vs. CIT Bihar reported in 101 ITR 525 wherein it has been held by the Patna High Co..Category: Fiscal/Taxation Law | Date: | Hits: 82
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......aid pleadings, issues framed were whether the suit as framed is maintainable, whether the suit is barred by limitation and whether plaintiff is entitled to any decree or not. 12. In support of the case the plaintiff examined himself as PW1 and his another employee as PW 2 while the defendant exam..Category: Civil Law | Date: | Hits: 132
Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)
.... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ......the accused petitioner in order to cheat the complainant issued the cheque knowing fully well that he had no money in his account. 4. Mr. Khurshid Alam Khan in support of his views referred to the cases of Latifa Akter Vs. State reported in 19 BLD (AD) 20, 51 DLR (AD) 159 and the case of Md. Habi..Category: Criminal Law | Date: | Hits: 42
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