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Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)

....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. ......om relying on the state­ments made by the witnesses in the Court of the Committing Magistrate.” 24. In the case of Ahmi (Ahmad) Vs. The Crown, reported in 1969 SC M.R. 837, the Supreme Court of Pakistan observed that a transfer of the deposition u/s 288 Cr. P.C. and the reliance upon them by t......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

Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)

....owed. The judgment and decree of the High Court Divi­sion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ......for the plaintiff appellant, has pro­duced before us a number of subsequent Amendments of section 9(1) of the State Acquisition and Tenancy Act two of which are relevant in this case. These are East Pakistan Ordinance No. 14 of 1957, dated 15 August 1957 and East Pakistan Ordinance No. 27 of 1961 d......owed. The judgment and decree of the High Court Divi­sion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ..

Category: Property Law | Date: | Hits: 58

Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)

.... It has not been contested by any side at the Bar that such person or persons as was contemplated in Article 6 had been appointed by the Government for discharging the function of the Chairman or any member of the Local Council under the Muslim Family Laws Ordinance, 1961. In the result therefore...... 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. ...... 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. ..

Category: Family Law | Date: | Hits: 166

Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)

....15. The learned Judges of the High Court Division observed that section 3 of the Income Tax Act, which is the charging section is com­prehensive enough not only to include any partner of any firm or member of any associ­ation individually but also the firm and the association collectively. It was ......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ..

Category: Fiscal/Taxation Law | Date: | Hits: 104

Shafiqur Rahman and others Vs. Nurul Islam Chow­dhury and others, 1982, 11 CLC (AD)

....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. ......behalf of the appellants, informed us that some amendments of the revisional powers of the High Court Division under section 439 of the Code of Criminal Procedure have also been effected in India and Pakistan. He mentioned that in India the Sessions Judge has been given the same powers of revision a......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)

....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.......e contiguous north of the two mouzas known as Kanchi Harania and Shankar Kati within P S. Shamnagar District Khulna, that in 1953 when the said char became fit for cultivation, the Government of East Pakistan started Settlement Case No 9/53-54 for settle­ment of the said char lands, that Appellant ......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)

....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.......nt of rent in respect of the land lost by diluvion did not bring about any great charge in the law then in force, as this provision is similar to sub-section (1) of the old section as amended by East Pakistan Ordinance No.XXI of 1969, which dispensed with the filing of an application by the tenant t......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)

....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. ......ejudice to the applicant.” 23. In the case referred to above this Division relied upon the case of Charan Das Vs. Amir Khan, AIR 1921 PC 50, which has been followed by the Supreme Court of Pakistan in the case of Keramat Ali Vs. Muhammad Younus Haji PLD 1963 (SC)191=15 DLR (SC)120. This D......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)

....e Metropolitan Christian Co-operative Housing Society Limited of Church Community Centre, 9, Tejkuni Para, Tejgaon, Dhaka. The said Society was formed in 1977 to solve the residential problems of its members having about 8000 members presently who are all beneficiary members. The accused persons are......ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355...

Category: Criminal Law | Date: | Hits: 86

Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)

....ts relevant for the purpose of disposal of the Rule are that Mr. Mozammel Haque, Sub-Inspector of Police Shyampur Police Station lodged FIR bringing allegations that on 22-11-2007 he along with other members of the joint forces recovered in all 360 pieces of corrugated tin (Dheutin), which were allo......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351...

Category: Criminal Law | Date: | Hits: 61

Atahar and others Vs. State, 2007, 36 CLC (HCD)

....sly at which they raised hue and cry whereupon witness Ajai, Ansar and Fazlur Rahman came to the house of the informant. It is further stated that the informant along with his sons, relations, Hashem member and Habibur Rahman came to the house of Kafiluddin Biswas and found that his son Nazrul Islam......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ..

Category: Criminal Law | Date: | Hits: 66

Chairman, Uttara Manage­ment Ltd. and others Vs. Chairman, Labour Court, Rajshahi and another, 2004, 33 CLC (HCD)

....er section 17(3) of the Act and he was asked to show cause within 3 days as required under the law and the reply of the respondent No. 2 was not satisfactory and the matter was inquired into by three-member Inquiry Committee in which charge was established. His service record was also found to be un......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. ......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. ..

Category: Labour and Industrial Law | Date: | Hits: 188

National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)

....ars after incorporation of the Company and to insist on 60 directors is impracticable. Further case of the petitioner is that to reduce the number of directors a special resolution approved by 75% of members present and voting is required and that is impossible to decide which sponsor directors woul......3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624.......3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624...

Category: Business or Commercial Law | Date: | Hits: 271

Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)

.... advocate for both sides. 13. P.W.1 Md. Jamiruddin, Sub-Inspector of Police and the informant during his examination in chief deposed that, having received the secret information he along with the members of his force surrounded the house of the brother of the accused, at village Barail under PS ......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ..

Category: Criminal Law | Date: | Hits: 65

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. ......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. ......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. ..

Category: Fiscal/Taxation Law | Date: | Hits: 152

AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

..... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......ask and Company, Indians Appeals Vol. LXVII 222; Anisminic Ltd. Vs. Foreign Compensation Commission, 2 AC 147; Sm. Krishnamoni Vs. Baser Mondal and others, 1963 AIR Calcutta 225; The Province of East Pakistan and others Vs. Sirajul Huq Patwari and another; PLD 1966 Supreme Court 854; People’s Repu....... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 78

Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)

....n-interest of persons who have acquire such a right. The definition of raiyat as it was before the amendment of 1928 was that — means to hold land for the purpose of cultivating it by himself or by members of his family or by hired servants or with the aid of partners and includes also the success......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116...

Category: Property Law | Date: | Hits: 58

State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

....urt to have committed the offence under sections 302/34 of the Penal Code. 33. With respect, I adopt the view propounded by Constantine, CJ. (referred above) that the third Judge is a constituent member of a Bench of three Judges. It would, therefore, be absurd to consider that an opinion with r...... Mohim Mondal Vs. The State, 15 DLR 615; Sajjan Singh Vs. State of Madhya Pradesh; Dule Singh and another Vs. State of Madhya Pradesh, AIR 1998 (S.C.) 2756; Muhammad Shafi Vs. The Crown, 6 DLR (West Pakistan) 104; Ibrahim and another Vs. The State, 11 PLD (Lahore) 715; State Vs. Lieutenant Colonel ......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 94

Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)

....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: ...... or inducement." 16. These views have been approved in a latter case of this court in Major Md. Bazlul Huda (Artillery) Vs. The State Criminal Appeal Nos. 55-59 of 2007. Since the Supreme Court of Pakistan and this court have taken unanimous views on the point that a court can act upon a confessi......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

Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)

.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......ct Judge and Appellate Election Tribunal, Bhola 38 DLR (AD) 172; Abdul Mannan Vs. Mofiz Uddin, 10 DLR 527; Pijush Kanti Chowdhury Vs. Abdur Rashid 23 DLR 60; Sree Gour Nitai Saha Vs. Province of East Pakistan, (1970) 22 DLR 143. Lawyers Involved: Kurunamoy Chakma, Deputy Attorney General, inst...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ..

Category: Property Law | Date: | Hits: 67