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Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ......nt was not necessarily an under-raiyat of a raiyat. He was a sub-lessee of a 'Talukdar' or of a raiyat. Such right was made heritable and transferable, sometimes subject to some conditions. 14. In India, 'Barga' system developed long before the Bengal Tenancy Act came into force. The system was n..Category: Property Law | Date: | Hits: 76
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......olice under the orders of Magistrate under section 167 of the Code and they are subjected to third degree methods with a view to extracting confessions. This is what is termed by the Supreme Court of India as "state terrorism" which is no answer to combat terrorism. 11. The law of arrest is one o..Category: Criminal Law | Date: | Hits: 70
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....……………………………………….….Petitioner Vs. Ershad Ali Sikder and others ...............Condemned Prisoners Judgment July 28, 2003. Cases Referred to- Begu Vs. Emperor, AIR 1925 PC 130; Md. Anwar and another Vs. State, PLD 1956 SC 440, Md. Yakub Vs. State, 197......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..Category: Criminal Law | Date: | Hits: 69
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......given statutory placement in section 134 of The Evidence Act which provides that no particular number of witnesses shall in any case be required for the proof of any fact. 52. The Supreme Court of India in Krishan Lal Vs. State of Haryana, AIR 1980 SC 1252 held: To go by obsolescent demands fo..Category: Criminal Law | Date: | Hits: 64
Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
.... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ......eed as being forged, fraudulent and without consideration and also for recovery for possession in the scheduled property. 3. During the pendency of the suit plaintiff Gurupada Chakraborty went to India and fell ill. As the plaintiff was unable to return to Bangladesh promptly, he appointed Md. A..Category: Property Law | Date: | Hits: 65
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ...... in the contract perished as well with it. The trial Court allowed the prayer. But the Calcutta High Court set aside the order and dismissed the application. In appeal therefrom, the Supreme Court of India on interpretation of the arbitration clause held that, "it appears to us that the question ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....angladesh (State) Vs. Paran Chandra Baroi, 1986 BCR (AD) 225; Asadur Rahman alias Asad and others Vs. State, 1995 BLD 290; Ismail Munshi alias Jambu Vs. State, 33 DLR 5; Birendra, Kumar Gosh Vs. King Emperor, AIR 1925 PC 1; Mahbub Shah Vs. Emperor, AIR 1945 PC 118; Chand Mia alias Chan Mia Mondal an......e suggested the prosecution case would fail for non-examination of investigating officer when he was not available in Bangladesh and was residing in United States of America. The Supreme Court of India in Behariprasad and others Vs. State of Bihar (1996) 2 SCC 317 observed: For non‑examination..Category: Criminal Law | Date: | Hits: 54
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......dgment December 10, 2002. Cases Referred To- Ahmadabad Urban Development Authority Vs. Sharad Kumar Jayanti Kumar Paswala, AIR 1992 SC 2038; Me Eldowney Vs. Fords, (1969) 3 WLR 179; Union of India Vs. Satyendra Nath, AIR 1955 (Cal) 581; Income tax Officer, Alleppey Vs. I MC Pon-noose and ot..Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....ry Rafiquddin Haider……............Accused-Petitioner Vs. State and another ……….................Opposite Parties Judgment May 8, 2002. Cases Referred To- Nagendra Vs. King Emperor, AIR 1924 Cal 476; G Narasimhulu Vs. Public Prosecutor, 1978 Cri LJ 502 = AIR 1978 (SC)429; ...... 1982, the provision of Anticipatory Bail embodied in section 497A by Ordinance No. XLIX of 1978 stood omitted. The Code now does not contain any provision of Anticipatory Bail. The Law Commission of India in its 41st Report pointed out the necessity of introducing a provision in the Code enabling H..Category: Criminal Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......at the execution of such sentence be suspended, and, if the accused is in confinement, that he be released on bail or on his own bond.” (2)…………………………………………. In India as per recommendation of the Law Commission in its 41st report, Sessions Judges have been give..Category: Criminal Law | Date: | Hits: 57
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ...... the High Court of Andhra Pradesh allowed them to appear in the examination but directed that the institute should not run thereafter. Appeal against that judgment was allowed by the Supreme Court of India. The learned Judges in delivering the judgment of the report very aptly observed; “If by ..Category: Others | Date: | Hits: 104
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ......gment July 6, 1998. Cases Referred to- Hari Kison Pandy vs. Nageswari Debi, 8 DLR 65; 531A 89; AIR 1930 Patna 610 (Harihar Prasad vs. Sifi Gurugranth Saheb); Karam Ilahi vs. Share-ud-Din, 35 Indian Cases 14; AIR 1927 (Cal) 197 and Kelyana Sundaram vs. Korurps (1927), 50 (Mad). Lawyers In..Category: Property Law | Date: | Hits: 51
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......earned Judge also directed the Collector of Central Excise and Land Customs to refund to the petitioner Rs. 31,27,000.00 which the petitioner paid under protest. The decisions of the Supreme Court of India relates to tax law. Ours is a case of imposition of rates and, in my view, the Schedule of Cha..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Shaheb Ali & others Vs. State, 2000, 29 CLC (HCD)
....w pending in the Court of Session Judge and Special Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ......ners of the FIR there is absolutely nothing to show that the accused appellants along with the charge sheeted accuseds namely, Md. Selim alias Montu and Nawshad Ali smuggled the seized Phensidyl from India to Bangladesh so as to attract the provision of section 25B of the Special Powers Act, or they..Category: Criminal Law | Date: | Hits: 47
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......ociate Provincial Picture Houses Ltd. Vs. Wednesbury Corporation All England Law Reports Vol. 2 page 680 (III); AIR 1973 (SC) 205 and (IV) Ramana Dayaram Shelly Vs. International Airport Authority of India and others, AIR 1979 (SC) 1628. Lawyers Involved: Tania Amir, Advocate—For the Petit..Category: Others | Date: | Hits: 95
Harun and others Vs. State, 1998, 27 CLC (HCD)
....direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......ejecting the prayer for bail of the accused-petitioner raising the contention that he did not commit any offence and he had been falsely implicated in the case and on the date of occurrence he was in India. In Criminal Miscellaneous Case No.310 of 1998 similar plea of alibi had been pressed into ser..Category: Criminal Law | Date: | Hits: 65
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
.... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ......4, M A Hai vs. Trading Corporation of Bangladesh, 32 DLR (AD) 46, Acqua Foods Limited and another vs. Controller of Imports and Exports and others, 49 DLR 498, Travancore Rayons Ltd. Vs. The Union of India and Others, AIR 1971 SC 862, Md. Hazrat Ali vs. Chairman, Bangladesh Chemical Industries Corpo..Category: Others | Date: | Hits: 182
State Vs. Babul Miah, 2010, 39 CLC (AD)
....ndra Kumar Sinha J The State ...............................Appellant Vs. Babul Miah .........................Respondent Judgment April 7, 2010. Cases Referred To- Balmakund Vs. Emperor, AIR 1931; Nishi Kant Jha Vs. State of Bihar, AIR 1969 SC 422. Lawyers Involved: A.K.M......exculpatory element is not inherently incredible, the Court can not accept the inculpatory element and reject the exculpatory element". This decision came up for consideration in the Supreme Court of India in Nishi Kant Jha Vs. State of Bihar, AIR 1969 SC 422. Mitter, J. speaking for the Supreme Cou..Category: Criminal Law | Date: | Hits: 58
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....s. Judgment August 19, 2010. Cases Referred to- Sparks V. Martyn (1669), 1 Vent.1. R.V. Lefroy, (1873) L.R.8 QB 134, Re. Abdool, 8 WR Cr 31, Sukhdev Singh V. Teja Singh, AIR 1954 SC 186, Emperor V. B.G. Horniman, AIR 1945 All 1 p. 4 (M), Andre Paul and Terence Ambard V. The Attorney Gen......rat, (1991) 4 SCC 406, (1991 AIR SCW 2419), S.K. Sarkar V. Vinay Chandra Misra, AIR 1981 S.C. 723, Mohd. Ikram Hussain V. The State of U.P. AIR 1964 SC 1625, Supreme Court Bar Association V. Union of India, AIR 1998 S.C.1895, Reg V. Odham's Press Ltd., ex parte A.G. (1957)1 QB 73, Morris V. The Crow..Category: Criminal Law | Date: | Hits: 163