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New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234.......t of the order shall continue to remain in force. 11. A reading of these Articles together and as a whole, indicates that after vesting of the shares of the nationalised company in the Government, care has been taken to protect the corporate existence of the company both from the mischief of bein..Category: Employment/Service Law | Date: | Hits: 104
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....osecution has proved its case beyond all reasonable doubt. It is to be observed that as of five injuries two ramdao blows on the neck and two ramdao blows on the shoulder-were noticed, although the medical evidence was that two blows might have over lapped which exactly fits in with the evidence......zal Vs. The Crown, reported in 1970 SC M.R. 204, Abdul Rashid CJ. considered the similar situation when the witnesses have given different story in cross-examination and observed: “If, after careful scrutiny, the Sessions Judge and the learned Judges of the High Court reach the conclusion t..Category: Criminal Law | Date: | Hits: 107
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351...Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......te Court is required to reverse the material findings of the trial Court with reference to the evidence on record." 16. In Judgment of the trial Court it appears that in its finding the said Court carefully considered the material evidence on record. The learned trial Court did not commit any err..Category: Family Law | Date: | Hits: 167
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....din and P.W.13 .Abdul Quashem are the seizure list witnesses. P.W.12 Md. Ejibor Ali Shah is tendered. P.W.7 Md. Jewel Amin, SI of police who filled up the FIR Form. P.W.14, Dr. Md. Nuruzzaman was the medical officer; Pabna who held the post mortem. P.W.15 Abdul Baten Shah is the investigating office......oider and to implicate someone falsely out of grudge and enmity. Justice is a divine function and the Court dispensing justice discharges divine functions. The Court is to examine the entire evidence carefully and must distinguish the chaff from the grain. The entire evidence is to be tested. scruti..Category: Criminal Law | Date: | Hits: 66
Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......ated 20-6-2000 with the Shyampur Police Station. On 21-12-2001 defendant No.2 with the help of some local mastans, forcibly and illegally trespassed in to the suit premises and mercilessly beaten the care taker and darwan of the plaintiffs and took away valuable articles from their quarter and there..Category: Property Law | Date: | Hits: 78
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ...... case before me for decision is that on which the two Judges differ in opinion, although the whole case must be laid before me for the purpose of enabling me to arrive at a decision.” 24. Having carefully considered the decisions referred by the learned advocates and a few more, which came to m..Category: Criminal Law | Date: | Hits: 94
Monir Hossain Vs. State, 2012, 41 CLC (AD)
....icted the fatal injury on the top of the head of the victim which caused the brain to emerge from the cranial cavity and then the petitioner and other co-accused inflicted injuries to the victim. The medical evidence, it is contended, having supported the injuries caused by all accused persons, the ...... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 95
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67.......hat although the writ respondent-petitioners filed an application for stay of operation of the impugned judgment and order, the same was never moved. While amending the Bidhimala, 2000 in 2010 utmost care should have been taken to see that the amendments reflected the observations and directions giv..Category: Employment/Service Law | Date: | Hits: 127
Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)
....ent. Although the Assistant Thana Education Officer visited the school no effective action was taken in this regard. 4. On 7.3.1991 the respondent herein suddenly fell ill and applied for leave on medical ground. The petitioner was allowed two days' casual leave. As per advice of the Doctor he ha......ng the order of penalty. The Administrative Appellate Tribunal further held, that all through the Head Master of the School and Assistant Thana Education Officer played an unholy game to demolish the career of the respondent-herein out of sheer jealousy of his success and they entered into a conspir..Category: Administrative Law | Date: | Hits: 240
.... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ...... with the appropriate officer the duty demanded or penalty levied. Thus, it is clear that this sub-section contemplates about an Appeal filed under the Customs Act. Further this sub-section has taken care of both the Appeals, that is, Appeal before the Commissioner (Appeal) and the Appeal before the..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......st of justice, the law of limitation notwithstanding. But the exercise of such far reaching discretionary powers is governed by judicial considerations and wider the discretion, greater ought to be care and circumspection on the part of the Court". 15. There is no doubt that even at an appellat..Category: Civil Law | Date: | Hits: 86
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......with the Rent Controller and when the conditions in section 19 are not satisfied, the tenant is not entitled to deposit rent in Court and such a deposit is not a valid tender and the tenant must take care that he will not become a defaulter. The views expressed in the different decisions in div..Category: Property Law | Date: | Hits: 87
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......efendant’s prayer for adjournment was rejected and both the plaintiff and the defendant were directed by the Court to get ready at once but the defendant, neither did take any further step, nor did care to be present in the Court. The Court’s time having been over, ex parte hearing of the suit c..Category: Procedural Law | Date: | Hits: 80
Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......read with section 5(2) of the Prevention of Corruption Act No.II of 1947 and further observed: “Since 17 witnesses including the IO have been examined, the learned trial Court shall have to take care of the legal provisions for considering the evidences already on record after complying with th..Category: Criminal Law | Date: | Hits: 71
State Vs. Md. Shahidul Islam and others, 2011, 40 CLC (AD)
....eby most illegally set aside the judgment and order of conviction passed by the Druta Bichar Tribunal. III. Because the death of the victim Ashid Ali having been proved by P.Ws.3,5,8 and 9 and the medical evidence also having supported the death of Ashid Ali, the High Court Division most illegall......large the respondent Nos.2-6 on bail to its satisfaction, if they submit bail bonds and to take other accused including the respondent No.1 into the custody. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 69
Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)
....t no police report has been submitted in this case so far. We have also noticed that in the application the petitioner has made a statement on oath to the effect that he is an ailing man and requires medical care, which is not possible inside the Jail. 9. Under the circumstances stated above, we ......ice report has been submitted in this case so far. We have also noticed that in the application the petitioner has made a statement on oath to the effect that he is an ailing man and requires medical care, which is not possible inside the Jail. 9. Under the circumstances stated above, we find tha..Category: Criminal Law | Date: | Hits: 81
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588.......bank. The bank did never deny the seal. Nor any step was taken to prove the seal forged. 40. The plaintiff deposited her original deeds in trust with the bank. The bank was required to take utmost care in dealing with such security, particularly in making further charge on the deeds. Admittedly..Category: Civil Law | Date: | Hits: 109
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....eding injuries while the victim was found dead on the cot with bleeding open injuries on her neck and the room was locked from inside; some blood‑stained pieces of glass were found in the room; the medical evidence proved that the death of the victim was homicidal in nature as a result of injuries......riendly handed, which could be ascertained on examination of the doctors who attended him, but the prosecution withheld them. Admittedly, the appellant had availed treatment in the hospital under the care of the prosecution, as the appellant's near ones were not intimated about the incident. The pro..Category: Criminal Law | Date: | Hits: 128
....ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
......ent of the period of absence, etc., which are exclusively within the competence of the relevant executive authorities and can only be decided by those authorities after a good deal of examination and care, involving the exercise of discretion and Judgment in regard to many complex matters. Therefore..
Category: Criminal Law | Date: | Hits: 83
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