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AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)

....tion 70 the person doing something for another or delivering, something to another cannot sue for the specific performance of the contract nor ask for damages for tile breach of the contract, for the simple reason that there is no contract between him and the other person for whom he does something ......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ..

Category: Civil Law | Date: | Hits: 99

Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)

....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......secret Telephone that dead body of his son has been found on the sea. 4. Thereafter the informant's relatives found the dead body in the Patenga police station and they found marks of violence and injuries on the hand, leg, mouth, forehead and other parts of the body. From the injury of the dead ..

Category: Criminal Law | Date: | Hits: 76

Babul Vs. State, 2002, 31 CLC (HCD)

....ion" and "control" appear in section 19(f) of the Act. In legal terminology no term is more ambiguous than the word "possession" and the word "possession" is a difficult concept in law though it is a simple word. Dias and Hughes in their book on Jurisprudence say at page 308 that if a topic ever suf......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ..

Category: Criminal Law | Date: | Hits: 84

Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)

....tly held that the absence of complaint by Court cannot stand as a bar to a trial of any offence for forgery if the original alleged document is not used or given in evidence in the Court. This is for simple reason that if the original document alleged to be forged is not produced before the Court it......ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ..

Category: Criminal Law | Date: | Hits: 94

Intertek Testing Service (BD) Ltd. and another Vs. President, Appellate Tribunal, Customs, Excise and VAT, Dhaka and others, 2003, 32 CLC (HCD)

....Could we now read the expression 'Under this Act' to include any infraction or violation of the rules made under section 219 or the Order made under section 25A of the Act? Our considered answer is a simple no Plain reading of the expression 'under this Act' does not authorise us to read the express...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 74. ..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)

....ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......rated the occurrence to all those who came to the scene after the departure of the accused. She also specifically stated that accused Abdur Razzaque had committed rape on her against her will causing injuries on the private parts of her body. 3. The police after usual investigation submitted char..

Category: Criminal Law | Date: | Hits: 94

Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)

....int Mills Ltd. Vs. Khulna Newsprint Employees Union, 25 DLR (SC) 85 was referred to in this connection. The learned Advocate contends with force that any employer is always free to take recourse to a simple order of termination in order to avoid the complex disciplinary action provided the intended ...... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502...

Category: Labour and Industrial Law | Date: | Hits: 152

Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ...... the event of undertaking of such experimental project, payment of adequate and just compensation to all the persons affected directly or indirectly or casually, are to be ensured and risks, damages, injuries, etc. must be covered. Sufficient guarantee must be integrated with project from the initia..

Category: Environmental Law | Date: | Hits: 1051

State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)

....ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......rn side of house of informant Bidhu. On hearing hue and cry she was going towards that house when accused Jamal was fleeing away towards the north. She saw Jamal’s mother lying down with cut throat injuries and heard from P.W.2 Alekjan that Jamal had fled away giving blow to his mother. She was ab..

Category: Criminal Law | Date: | Hits: 72

Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)

....now on the said Serajul Islam will pay the rent and all other charges which according to Mr. Khondaker, is nothing but sub-letting the premises to defendant No.2 but from Ext. 3 I find that this is a simple communication of defendant No.1 to his sister i.e. plaintiff as to his inability to run the b......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ..

Category: Property Law | Date: | Hits: 64

Shahed Reza Shamim Vs. State, 1996, 25 CLC (HCD)

....n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ......t with Kotwali Police station Barisal stating, inter alia, that on 8-12‑95, at 21-00 hours, while he was at BNP office, he came to know that his elder brother Mosudur Rahman (Babu) received serious injuries and he is in Sher‑e‑Bangla Medical College Hospital and hearing the aforesaid news the ..

Category: Criminal Law | Date: | Hits: 74

Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)

....t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ...... with the investigation of Rupganj PS Unnatural Death Case No.11 dated 29-9-88 and accordingly he went to village Bagdi, held autopsy on the dead body of deceased Nasiruddin and having found marks of injuries on the dead body sent the same to the morgue for post mortem examination to ascertain the c..

Category: Criminal Law | Date: | Hits: 56

Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)

....r. Omar Farook, the learned Advocate appearing for the opposite party Nos.10‑12 (defendant Nos.17 to 19), supported the impugned judgment contending that Court of appeal below correctly held that a simple suit for partition without prayer for declaration of tide was not maintainable. 8. It appe......hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ..

Category: Civil Law | Date: | Hits: 86

Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)

....t. Here in the instant case we have already seen that the registered documents are in the name of the plaintiff and that the defendant‑petitioner is a tenant in inspect of the suit premises. So the simple question in this case is a question of relationship of landlord and tenant between the plaint......order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89...

Category: Property Law | Date: | Hits: 59

Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)

.... 2008 corresponding to Ramna Police Station Case No. 64(9)07 convicting accused-appellant No. 1 under section 26(2) of the Anti-Corruption Commission Act, 2004 and sentencing him thereunder to suffer simple imprisonment for 3 years and further convicting him under section 27(1) of the Anti-Corruptio......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ..

Category: Criminal Law | Date: | Hits: 108

Sekendar Miah, Director, BISIC, Dhaka & others Vs. Chairman, 1st Labour Court, Dhaka & another, 1989, 18 CLC (HCD)

....des as follows:- "26. Penalty for non-compliance of Court's order under section 25.- (1) Whoever refuses or fails to comply with an order passed by the Court under section 25, may be punished with simple imprisonment for a term not exceeding three months or with fine not exceeding Taka one thousa......pugned order is, therefore, without jurisdiction. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 203. ..

Category: Labour and Industrial Law | Date: | Hits: 192

Shahabuddin Ahmed Vs. Upazila Election Officer, Bakerganj & others, 1988, 17 CLC (HCD)

....lear that the learned Assistant Judge has committed a serious error of law in allowing the plaintiff-petitioner's prayer for with­drawal of the suit and yet refusing leave to bring a fresh suit. The simple withdrawal has affected the merit of his decision, which has caused failure of jus-lice. It m......tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ..

Category: Election Law | Date: | Hits: 152

Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)

....lear that the learned Assistant Judge has committed a serious error of law in allowing the plaintiff-petitioner's prayer for with­drawal of the suit and yet refusing leave to bring a fresh suit. The simple withdrawal has affected the merit of his decision which has caused failure of jus­tice. It m......ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ..

Category: Election Law | Date: | Hits: 206

Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)

....ate Judge, Second Court, Bogra in Other Class Suit No.2 of 1994 dismissing the suit. 2. The appellant as plaintiff filed the above suit against original defendant Dr. GM Enamul Huq (now dead) for simple declaration of her title in the suit land described in the schedule of the plaint alleging, i......and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ..

Category: Property Law | Date: | Hits: 63

Azam Reza Vs. State, 2004, 33 CLC (HCD)

....il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ...... of Dr. Swati (sister of the deceased), is a forensic expert and the said two doctors were present at the time of preparing inquest report by the police. If the dead body bore any marks of torture or injuries they ought to have informed the police at that moment. But they did not give such informati..

Category: Criminal Law | Date: | Hits: 96