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Md. Rayhan Khokon Vs. State, 2011, 40 CLC (AD)
....our) persons on suspicion in the instant case and produced them before the Magistrate for recording their Judicial statements under section 164 of the Code of Criminal Procedure. Md. Arif Hossen made judicial statement involving the petitioner with the alleged offence and later on, he retracted the ...... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ..Category: Criminal Law | Date: | Hits: 68
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....... it provides, under section 23, that on the registration of the Memorandum of Association of a company, it shall be a body corporate by name contained in the Memorandum, capable of exercising all functions of an incorporated Company having perpetual succession and a common seal. In other words, ..Category: Employment/Service Law | Date: | Hits: 104
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....l rules of law, the superior Courts should deprive the Judges of the lower Courts who have to decide on conflicting evidence "of that freedom of reasoning and action which is the first requisite of a judicial investigation". Same view was expressed by Akram, J. who observed: "The matter, to my ......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ..Category: Criminal Law | Date: | Hits: 107
Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)
.... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ......uncil or a person appointed by the Central Government in the Cantonment or by Provincial Government in other areas or by an officer authorised in that behalf by any such Government to discharge the functions of the Chairman under the Ordinance". That was the position upto 1971. In 1972 with the em..Category: Family Law | Date: | Hits: 166
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
....son' includes an individual, Hindu undivided family, a firm, an association of persons or a body of individuals, whether incorporated or not, a Company, a local authority and every other artificial judicial person. Accordingly, 'firm' is a 'person' for the purpose of Income Tax Act and it is liabl...... in the definition of 'person'. He argues that sub-section (5) of section 5 of the Act does not empower the Commissioner of Income Tax to confer jurisdiction on the assessing officer to perform his functions in respect of a firm because the sub-section contemplates assignment of cases 'person wise..Category: Fiscal/Taxation Law | Date: | Hits: 104
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....e Section 6 divides Criminal Courts in several groups and the third groups are “Magistrate”. This, however, does not mean a Magistrate is always a Court whatever he is doing; he has executive and judicial duties. 22. The revisional jurisdiction of the High Court is exercised in order to prev......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....eir exclusive title to Schedule A land for confirmation of possession in respect thereof. It is extremely difficult to pass a decree in their favour in the absence of the said parties who may be prejudicially affected by such a decree or the decree may be rendered infructuous by them. In the cir......manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218...Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....in situ either in the Rent Act of 1889 or The Bengal Tenancy Act of 1885. Such matters were regulated by the provisions of Alluvion and Diluvion Regulation of 1825 and the principles laid down by the judicial authorities. Some change was effected in 1929 when section 86A was inserted in the Bengal A......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...Category: Property Law | Date: | Hits: 133
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....n the parties otherwise there is likelihood of croping-up of multifarious litigations. 18. Admittedly the trial Court allowed the application for amendment by a cryptic and slipshod order. A judicial order devoid of reasoning causes error of law but mere error of law cannot be a ground for ......wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ..Category: Procedural Law | Date: | Hits: 100
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
.... Vs. M Ahmed reported in 36 DLR (AD) 14 : 1984 BLD (AD) 97, Syed Mohammad Hashem alias Hashim reported in 48 DLR (AD) 87 and Faridul Alam Vs. State reported in 61 DLR (AD) 93. 14. The consensus of judicial opinion is that proceedings of a criminal case can be quashed by the High Court Division in......rs presently who are all beneficiary members. The accused persons are fraud, cheat and commit criminal breach of trust of entrustment of the property. While the accused persons were discharging their functions as office bearers of the managing committee of the said Society from 2003 to 2006 took a d..Category: Criminal Law | Date: | Hits: 86
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. ......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. ..Category: Family Law | Date: | Hits: 167
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....h must prove charge substantially as laid down i.e. to prove to the hilt beyond all reasonable doubt on strength of clear cogent, credible and unimpeachable evidence. Proof of charge must depend upon judicial evaluation of totality of evidence, oral and circumstantial, and not by an isolated scrutin......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....ecord convicted the accused Atahar, Mutahar, Sohrab, Bellal, Ishaque, Babu and Karim under sections 302/34 of the Penal Code on surmise, conjecture and on emotion. Court or Tribunal administering any judicial matter must administer justice according to law and must not allow itself to be influenced ......ur country a witness has a tendency to exaggerate, embroider 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..Category: Criminal Law | Date: | Hits: 66
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
.... in 38 DLR (AD) 172 that: "In legal parlance the expression “Persona designata” means a person described in a statute or a legal instrument by his official designation, and the function may be judicial or may not be so. If the function of the designated person is judicial in character, then h......edy disposal, the (provincial government) may, having consulted the High Court, appoint such Additional Judges as may be requisite. (2) Additional Judges, so appointed, shall discharge any of the functions of a District Judge which the District Judge may assign to them and in the discharge of th..Category: Trust/Waqf Law | Date: | Hits: 153
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....re of opinion that there is no sufficient ground for proceeding against the accused in this case. The Tribunal without considering the facts and circumstances and materials on record and applying its judicial mind to the provision of section 265C and 265D of the Code of Criminal Procedure has framed......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632...Category: Criminal Law | Date: | Hits: 64
....excess of its jurisdiction. Therefore, there is no merit in this Rule.
The Rule is accordingly, discharged without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 627.
......that a person, who being employed in a supervisory capacity, exercises function mainly managerial or administrative in nature will fall into the category of employer. Respondent does not exercise any functions managerial or administrative in nature. He got no power to control or to supervise the wor..
Category: Labour and Industrial Law | Date: | Hits: 188
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....stainable. He read out the provisions of section 247 Cr.P.C. and shows there from that in view of the above background and history of the case learned Court below should have exercised his discretion judicially under the provision of the section containing, unless for some reason he thinks proper to......he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614...Category: Procedural Law | Date: | Hits: 73
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......ancy firm and supervisory firm. In SRO No.197-Ain/2008/499-Mushok rate of VAT of those two have been fixed at 15% for Surveyor and 4.5% for the Consultant (Annexure-F series). He further submits that functions of the petitioners do not fall within the functions carried out by a Surveyor. He further ..Category: Fiscal/Taxation Law | Date: | Hits: 152
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
....er him in respect of any matter agreed to be referred, any party to such legal proceedings may at any time before filing a written statement or taking any other steps in the proceedings, apply to the judicial authority before which the proceedings are pending to stay the proceedings; and if satisfie...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ..Category: Alternative Dispute Resolution | Date: | Hits: 238
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
....not have been possible if a sentence in the order has been inserted later on after 9 years of passing the order, and finally, there is strong presumption in favour of regularity of performance of all judicial acts unless contrary is proved under illustration (E) to Section 114 of the Evidence Act. T......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 100
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