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Displaying 761-780 of 1984 results.
Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)
....nted by this court be discharged from his bail bond. Let the Criminal Revision No.1020 (R)/91 be disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 379. ......hock and haemorrhage resulting from the said injuries. 12. D.W.6 Md. Ismail Ali, Personnel Manager, Lever Brothers stated that accused Afzalur Rahman was charge hand and as per record he was on duty from 8‑30 AM to 10‑00 PM on 29.10.86 in their factory and proved the staff attendance Regis..Category: Criminal Law | Date: | Hits: 148
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93.......d @ dollar 100.00=Pak Rs. 479.00. The total loss of cleaning oil and the cleaning compound is $ 1896.60 equivalent to Pak Rs.9.084.71 paisa. The plaintiff also claimed survey fee of Rs.32.00, customs duty of Rs.12.32 and river dues of Rs.6.75 paisa. The plaintiff thus in total claimed Rs.13,650.03 a..Category: Business or Commercial Law | Date: | Hits: 463
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
.... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552....... may exercise its inherent powers to set things right, even though there an alternative remedies open. In some of the cases it has been observed that not only the Court has such powers, but it is its duty to set aside the decree or order obtained by fraud practised upon the court itself when apprise..Category: Procedural Law | Date: | Hits: 130
Babu Khan Vs. State, 2003, 32 CLC (HCD)
....ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547....... he framed charge against the absconding accused under sections 302/326 of the Penal Code. Section 302 of the Penal Code prescribes capital punishment and, as such, we are of the view that it was the duty of the learned Sessions Judge to take step or himself appoint a competent Advocate to represent..Category: Criminal Law | Date: | Hits: 123
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....eviction on any ground not even in a case of adjustment of the rent from the security or advance kept with the landlord at the time of commencement of the tenancy. The payment of salami or advance in excess of one month's rent is strictly prohibited under section 10 of the Premises Rent Control Act ...... by his own admission, he is not entitled to get any statutory protection against eviction. This view finds support in the case of Binning and Co Vs. Nasirabad Properties Ltd. (40 DLR (AD) 89). The duty is always upon the tenant to take care that he does not become a defaulter. Thus the finding of..Category: Tenancy Law | Date: | Hits: 190
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
....ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449.......s recorded by the trial Court from the witnesses adduced by both the sides. 12. In this connection it should be remembered that assessment and evaluation of the evidence on record is the primary duty of the trial Court as well as the appellate Court as a last Court of fact and more so when a ju..Category: Property Law | Date: | Hits: 79
....l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
......enforcement of any contract. He has rather called in question the action of some of the public functionaries in processing the award of contract which is a public function in performance of public duty and in so doing they have acted arbitrarily and malafide and that can be scrutinised by this c..
Category: Others | Date: | Hits: 207
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....hanged his mind and he assessed the petitioner to pay capital gain by simply invoking the said circular. As such, Mr. Asrarul Hossain submits, it is a case of acting either without jurisdiction or in excess of jurisdiction. Mr. Hossain has also relied upon the cases of Messrs. S. A. Haroon & oth......ne which can be used for the purposes of assessment and all complaints against such assessment are to be adjudicated upon in accordance with the machinery provided by the Act. It is the statutory duty of the Income-tax Officer to make the assessment which can only be challenged by way of appeal ..Category: Fiscal/Taxation Law | Date: | Hits: 170
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ...... at the earliest opportunity if not before any forum but before the Arbitrator himself prior to filing their respective claims, under section 14(2) and the Arbitrator upon receiving such objection is duty bound to give decision on the same within 30 days from the date of filing of such objection as ..Category: Alternative Dispute Resolution | Date: | Hits: 251
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....endants being in possession of certain portion of the land in suit, the only remedy for plaintiff lies in filing a regular partition suit it defendant Nos.8 and 9 are found to have transferred and in excess of their legal share. On these findings the learned Additional District Judge allowed the app......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597...Category: Property Law | Date: | Hits: 122
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....ed further that the worker whose employment is so terminated, shall be paid by the employer compensation at rate of fourteen days' wages for every completed year of service or for any part thereof in excess of six months in addition to any other benefit to which he may be entitled under this Act or ......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589...Category: Labour and Industrial Law | Date: | Hits: 176
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......as mentioned the name of the petitioner nor any allegation has been made against him in the statements recorded under section 161 CrPC. It is further stated that the summary was sent in course of his duty as the Minister‑in‑charge of the Ministry of Industries and his recommendation to the Works..Category: Criminal Law | Date: | Hits: 111
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......ortunately, does not always use it with technical correctness. Consequently, as it is discussed in Crawford's Statutory Construction, pages 604-605:- "Where its use creates an ambiguity, it is the duty of the Court to ascertain the legislative intent, through resort to the usual rules of constr..Category: Criminal Law | Date: | Hits: 158
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......ptional class of cases the burden is on the prosecution and it never shifts. The burden of proof is on the prosecution and section 106 is certainly not intended to relieve the prosecution of that duty. 23. In the instant case it seems to us that in the absence of positive evidence the learned..Category: Criminal Law | Date: | Hits: 101
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....nce attracts provision of section 304 Part I of the Penal Code. The learned Judge obviously fell in error in convicting the accused appellants under sections 302/149 of the Penal Code and awarded the excessive sentence. As we have already found that accused Khalilur Rahman and Habibur Rahman had no ......soever but Court can consider the evidence of interested witnesses having enmity and litigation provided Court takes due care and precaution in the assessment of such witnesses. Court is under solemn duty to assess the evidence legally not only to secure the conviction of the accused but also to rec..Category: Criminal Law | Date: | Hits: 139
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......tige and image of the Judge concerned, rather it is aim to prevent undue interference with the administration of justice. To quote the learned author “the Judge punishing a contemner only does his duty of upholding the dignity and majesty of the seat of justice." 6. I am conscious about self ..Category: Criminal Law | Date: | Hits: 149
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
....No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......lic functions or respecting his character so far as his character appears from that conduct is not demandable. 9. Petitioner claims that he is editor of a responsible journal and it was his public duty to publish report based on supportable materials. He further claims that the report in question..Category: Criminal Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ......llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ..Category: Property Law | Date: | Hits: 127
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405......., it becomes clear that the arbitration proceeding consists of three stages namely the appointment of the arbitrator either mutually by the parties to the agreement or by the Court and secondly a duty is cast upon the arbitrator to initiate the arbitration proceeding within the time as agreed ..Category: Alternative Dispute Resolution | Date: | Hits: 291
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......ing to the subject-matter." 20. It is of course true that there is no universal rule to determine the question as to whether a provision in a statute is 'mandatory' or 'directory'. But it is the duty of the Court to get at the real intention of the legislature by carefully attending to the wh..Category: Procedural Law | Date: | Hits: 152
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