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State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)

....……………………….Petitioner Vs. Mir Hossain alias Mira and others……….Condemned Prisoners Judgment December 9, 2003. Case Referred To- Barendra Kumar Ghosh Vs. King Emperor, AIR 1925 PC 1. Lawyers Involved: Md. Helaluddin Molla, Deputy Attorney General with M......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124...

Category: Criminal Law | Date: | Hits: 31

Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)

....is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......o include a second appeal then no difficulty is created by the word 'thereto'." 33. At the time of decision, provisions under section 115 of the Code of Civil Procedure were the same in Pakistan, India and here in Bangladesh. The High Courts in such countries were empowered to exercise the discr..

Category: Civil Law | Date: | Hits: 100

Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)

....is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ......10 of the Code for addition. His case, in short, is that neither the plaintiff nor opposite party No. 2 has any right, title or possession in the suit land. Moreover, opposite party No. 2 migrated to India long ago and died there. By way of pattan and purchase his grandfather and father acquired the..

Category: Property Law | Date: | Hits: 31

Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)

....d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......law points involved therein and the learned Subordinate Judge, also discussed some of the aspects of the Hindu Law and Hindu Married Women’s Right to Separate Residence and Maintenance Act, 1946 of India and ultimately agreed with the findings and decision of the trial court and dismissed appeal. ..

Category: Family Law | Date: | Hits: 186

Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)

....the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306.......…………… Petitioner Vs. Social Investment Bank Limited (SIBL) and others……………………………Respondents Judgment December 11, 2001. Cases Referred To- British India Corporation vs. Robert Menzies, Company Cases 1936 Vol. VI page 250; the General Insurance Lim..

Category: Company Law | Date: | Hits: 208

Siddique Ahmed Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, 2010, 39 CLC (HCD)

....he certificate asked for, which is hereby issued. There is however, no Order as to cost. Sheikh Md. Zakir Hossain J.- I agree. Ed. This Case is also Reported in: 63 DLR (2011) 565. ...... SC 422, R.L. Kapur-v- State of Tamil Nadu, AIR 1972 SC 850, Keshvananda Bharati-v-State of Kerala, AIR 1973 SC 1461, Indira Nehru Gandhi-v-Raj Narain, AIR 1975 SC 2299, Minerva Mills Ltd.-v-Union of India, AIR 1980 SC 1789, Smt. Indira Gandhi’s case, AIR 1975 SC 2299, P. Sambamurthy and others-v-..

Category: Constitutional Law | Date: | Hits: 482

Nisha Rani Devi Vs. National Board of Revenue, Peoples Republic of Bangladesh and others, 1998, 27 CLC (HCD)

....and in that view of the matter cannot get any refund. In the result, the Rule is discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 230. ...... Peoples Republic of Bangladesh and others….……Respondents Judgment July 21, 1998. Cases Referred To- Commissioner of Sales Tax, Lahore Region, Lahore Vs. Messers Associated Hotel (India) Ltd. Lahore, 1969 PTD 490; G Lakshminarayana Vs. Commercial Tax Office, First Circle, Hyderab..

Category: Fiscal/Taxation Law | Date: | Hits: 69

Aftab Hossain (Md) Vs. Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh, Secretariat & ors., 2001, 30 CLC (HCD)

.... at liberty at once, if not required in any other case. Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately. Ed. This Case is also Reported in: 54 DLR (2002) 266.......f habeas corpus became the most celebrated writ in English Law. 8. The common law writ of habeas corpus did not run in this sub-continent during British Rule. The Supreme Court established by East India Company had a limited jurisdiction. However, a remedy was provided for the subjects under the ..

Category: Criminal Law | Date: | Hits: 39

Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ......as argued that there cannot be two parallel proceedings against the same person. In support of his views Mr. Islam referred to some decisions of this court and also a decision of the Supreme Court of India. The first case which was cited by Islam is the case of Shahidul Haque Vs. Government of East ..

Category: Constitutional Law | Date: | Hits: 195

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

....s. Moslem…………………………………………..….Condemned Prison Judgment October 30, 2002. Cases Referred To- Abdus Samad Vs. State, 16 DLR (SC) 261; Tulsi Gangota Vs. Emperor, 34 Criminal Law Journal 395; Hazer Ali Mandal and others Vs. State, 37 DLR (AD) 87; Nazir a......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ..

Category: Criminal Law | Date: | Hits: 82

Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)

....ed. Cases Referred to- Haripada Devenath and another Vs. The State,19 DLR (Dhaka) 573; State Vs. Jatindra Kumar Sulradhar alias Dhan, 20 DLR (Dhaka) 526; Ab­dul Wahab and others Vs. King Emperor, AIR 1925 (All 223). Lawyers Involved: Md. Abdus Sobhan with SMA Malek – For t......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ..

Category: Criminal Law | Date: | Hits: 49

Micro Industries Development Assistance Society (MIDAS) Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)

....mulated in both the reference applications are answered in the negative and in favour of the assessee. There will be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 168....... Micro Industries Development Assistance Society (MIDAS)………. Applicant Vs. Commissioner of Taxes.................Respondent Judgment April 4, 2001. Cases Referred To- All India Spinners’ Association vs Commissioner of Income Tax, Bombay, ITR, Vol. XII 482; Commissioner..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)

.... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ......stamped and executed by the transferor and the transferee has been delivered to the company along with script.’ 11. Similar provisions to that of section 38(3) are found under section 108 of the Indian Companies Act, 1956. The provisions contained in section 108 of the Indian Act state that ‘..

Category: Company Law | Date: | Hits: 203

Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)

....ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159.......ey Suit No. 9 of 1997 dismissing the suit as not maintainable. 2. One Nazim Habibuzzaman instituted this suit against the World Bank and seven others including the High Commissioner, Government of India, claiming damages of Taka 4,00,000 crore (four lac crore) occurred due to the construction of ..

Category: Others | Date: | Hits: 79

State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)

....d others vs. State, 45 DLR (AD) 140; Shahjahan vs. State, 46 DLR 575; Srimanta Manna and another vs. State, AIR 1960 (Cal) 519; Zilu Miah and others vs. State, 1988 BLD 418; Moni Mohan Ghose vs. King Emperor 35 CWN 623Ghulam Kadir vs. Crown, PLD 1950 Bagdadl Jadid 51; Nurjahan Begum vs. State, 1988 ......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..

Category: Criminal Law | Date: | Hits: 40

AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)

....de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......th as is required by the 9th Exception to section 449 of the Penal Code and must not say or do anything which might cause hurt to the Court itself as an institution.'' 36. The Supreme Court of India in the matter of 'A' an Advocate, reported in AIR 1962 Supreme Court 1337, was of the view, "h..

Category: Criminal Law | Date: | Hits: 97

Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)

....h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......of the homestead, a garden and tank situated in the suit land; that on subsequent occasion on 15-4-1989, the executants of the agreement received further amount of Taka 35,000 for better treatment in India on renewing the agreement and handing over possession of the house standing on the suit land a..

Category: Property Law | Date: | Hits: 32

Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......J Udayan Garments (Pvt.) Ltd., represented by MD and another....Petitioners Vs. Bangladesh and others……………….Respondents Judgment March 15, 2007. Cases Referred To- India vs. Elphinstone Spinning and Weaving Co. Ltd, 2001 (1) JT SC, P 563; Canada Sugar Refining Com..

Category: Constitutional Law | Date: | Hits: 168

Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)

...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......ns 37 and 46 of the Trade Marks Act for removal of registered trade mark No. C-6724 in class 25 from the register alleging, inter alia, that Adarsha Gupta, a partner of 4/42, Punjabi Bagh, New Delhi, India, the applicant, is the prior adaptor and user of the trade mark "Liberty" and the registered p..

Category: Intellectual Property Law | Date: | Hits: 198

Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)

....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......practice of a judge not conversant with the subject himself acting as an expert has been deprecated by the superior Courts. In the case of State vs. Pali Ram, AIR 1974 (SC) 14, the Sup­reme Court of India, on consideration of the English principles wherefrom section 73 has been incorpora­ted in th..

Category: Property Law | Date: | Hits: 68