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Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15....... so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15....... read before us the Annexures-‘B’, ‘F’, ‘X’ and lastly XI and seriously contends firstly, that all the grounds as in Annexure‑'E' are vague, indefinite, unspecific and rather omnibus in nature and the said grounds having no nexus with the initial order of detention as in Annexure-‘A..Category: Criminal Law | Date: | Hits: 200
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......charged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......e earlier prayer for ejectment of the defendants as licensees. 2. Mr. Kazi Shahadat Hossain the learned Counsel representing the petitioner focuses his arguments that the amendment has changed the nature and character of the suit, it has brought a new cause of action and it has caused prejudice t..Category: Property Law | Date: | Hits: 151
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ...... simple proposition as to whether the Tribunal was justified in law to find that the expenses incurred in normal course of business by the assessee in Bangladesh cannot be allowed because of the very nature of the business such expenses need to have been incurred out of Bangladesh. 13. Under the ..Category: Fiscal/Taxation Law | Date: | Hits: 159
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ...... Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......eral has contended that clauses (9) and (10) of Section 21 of the Penal Code are applicable. 5. Under clause (10) a person may be regarded as a public servant, if he discharges a function in the nature of a public duty, though he may not be directly remunerated by the Government. Much stress..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......ellants Vs. Safar Miah and others..........................................Respondents Judgment April 5, 1977. Result: The appeal is allowed. Cases Referred to- Midnapore Zamindaay Co. Vs. Naresh Narayan Singh LR 48; IA 49; ILR 48 Cal. 640; AIR 1922 PC 241; Krishna Nath Sar......y formal proof, unless the requirement of such proof is waived by the opposing party. The marking of the said document as an exhibit may however, give rise to a belief that it bears the writing or signature of a person, as has been deposed to by the witness who proves the said document. The questi..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
.... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......ngly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......t was brought to the notice of the learned Subordinate Judge, he became alive to it and set down the hearing of the suit on the question of its maintainability indicated above. Having regard to the nature of the dispute raised in the suit there can be no manner of doubt that the question as to the..Category: Civil Law | Date: | Hits: 111
....lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......ismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
....... Because of the fact that at the advent of the East India Company in this country towards the middle of the 18th century, when the entire territory which came under their control was agrarian in its nature, the laws which were enacted regarding landlord and tenant were mainly in respect of agricult..
Category: Property Law | Date: | Hits: 114
Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)
.... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ...... their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ......ld not be fully relied upon. 14. P.Ws.2-5 and 8-9 were silent about infliction of any injury upon P.W.7. On the other hand, P.W.7 was silent about infliction of any injury upon P.W.2. The grievous nature of injury allegedly inflicted upon P.Ws.2 and 7 by the dacoits as mentioned in the ejahar and..Category: Criminal Law | Date: | Hits: 103
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ......Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ...... বিধান প্রযোজ্য হইবে না। 12. It is quiet clear that although the Lecturers /Teachers of the College and University may be performing the same functions, the nature and character of the University is entirely different from that of the erstwhile College. As ..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ...... default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......e time of occurrence victim Ansar Mallik was unarmed and accused Jahangir Mallik struck ramdao blow on the vital human organ like the head. The weapon used, the organ on which blow was struck and the nature of injury caused leave no room of doubt that accused Jahangir Mallik inflicted above murderou..Category: Criminal Law | Date: | Hits: 87
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
.... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ......a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ......omplainant. The failure on the part of the appellant to Pay the complainant the balance amount under the bill does not warrant any criminal proceeding as the obligation under the contract is of civil nature." 27. Before we part with this judgment, we consider it necessary to mention that we are n..Category: Criminal Law | Date: | Hits: 95
....e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
......s to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
......ly, but it must also act judicially in the discharge of its duty. If it does otherwise, that would be contrary to and violative of the principles of natural justice since judicial acts, by their very nature, are deemed to be amenable to the rules of natural justice.
34. In Dewan Singh Vs. Champat..
Category: Alternative Dispute Resolution | Date: | Hits: 385
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
.... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306.......ners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306.......moral and indecent here in our society may not be considered immoral or indecent in a permissive society and vice-versa. However, viewing from our stand-point and keeping in mind the conservative nature of our people and their religious beliefs which do not encourage women to be seen in publ..Category: Criminal Law | Date: | Hits: 76
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......de. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......n to fetch Homeopathic medicine for his mother. At that time the accused-petitioner took him to the western room, shut the doors and windows and had carnal intercourse with him against the order of nature. The informant cried out and on his return home he reported the matter to his brother and m..Category: Criminal Law | Date: | Hits: 92
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......uo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......t lawful authority and to be of no legal effect. At the time of issuance of the second Rule, writ-respondent No. 7 was restrained from making any construction on the land in question or changing the nature and character thereof for a period of 3(three) months from date. Subsequently, the said order..Category: Property Law | Date: | Hits: 79
Kafiluddin (Md.) Vs. Sukkur Ali Mia, 1996, 25 CLC (HCD)
.... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ...... as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ...... by delivery of possession rejected the application leading to issuance of the present Rule. 3. It is settled law that the executing Court cannot go beyond the decree and cannot question about the nature of the suit. Mr. Azizul Hoque made an attempt to contend that the decree was made in the grab..Category: Civil Law | Date: | Hits: 86
....release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201.......on with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201.......he detenu, the authority had considered the same before passing the impugned order of detention. We have also considered those two grounds and it appears to us that those are, in fact, very remote in nature and it is also a settled principle of higher Courts that grounds for preventive detention mus..
Category: Criminal Law | Date: | Hits: 76
Bashir Kha Vs. State, 1998, 27 CLC (HCD)
....et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199.......harge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199.......at in the charge only the above two sections of the Penal Code were mentioned but other particulars such as date, time, place of occurrence, the name of person against whom the offence was committed, nature of the offence, etc. are not mentioned. So, it is clear that the charge was not framed in acc..Category: Criminal Law | Date: | Hits: 58
....d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
...... declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
...... the appeal which was earlier dismissed by the appellate authority on 23-3-1991 is not sustainable in law.
10. The Court, the tribunal or the body performing function of judicial or quasi-judicial nature is not vested with inherent or implied power of review or revision of its judgment or Order. ..
Category: Property Law | Date: | Hits: 103
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
....stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ......im, Advocate - For the Petitioners. Faruque Ahmed, Advocate - For the Opposite Party. Civil Revision No.5195 of 1991. Judgment Muhammad Abdul Mannan J.- This Civil Revision is directed against the Judgment and Decree dated 23-3-1986 passed by the Subordinate Judge, Chandpur in Title Appe......n order to prove the marriage submitted a forged Kabinnama Exhibit 1 but the register of marriage, the Marriage Registrar as well as the witnesses of the marriage were not examined and there is no signature of the defendant No.1 in Exhibit 1 and therefore it was not legally proved under sections 61 ..Category: Family Law | Date: | Hits: 185
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