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Masum and others Vs. State, 1996, 25 CLC (HCD)
.....15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ......d Advocate for the appellants, placed before us the deposition of the witnesses. We find that the conviction rests upon the evidence of P.W.2, P.W.4 and P.W.8 who, it was alleged, were present at the time of occurrence and were injured by the accused. Mr. Majumder submits that the allegation that P....... any other case. Appellant No.14 Abdul Jalil and appellant No.15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ...... any other case. Appellant No.14 Abdul Jalil and appellant No.15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ..Category: Evidence Law | Date: 30 Jan, 1996 | Hits: 39
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
.........Respondents Judgment August 29, 1995. Case Referred to- Md. Sona Mia and others Vs. Collector of Customs and others 20 DLR 549. Lawyers Involved: MI Farooqui with JK Paul, Advocates‑For the Petitioner. Writ Petition No. 1856 of 1995. Judgment AM Mahmudur Rahman J. ......tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ......er, an enterprise of Bangladesh Freedom Fighters Welfare Trust, impugns the Demand Note No.1/93 dated 26.9.93 issued by the Superintendent of Customs, Excise and Vat, Rangunia Circle, Chittagong for recovery of Taka 4,16,033.00 under section 55 (1) and (2) of the Value Added Tax Act,1991. 2. The......tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
....eme Court High Court Division (Criminal Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J KM Hasan J Sirajudullah and others......................Petitioners Vs. State and others..............................Opposite party Judgment August 1, 1995. Cases ...... in the petition explaining the delay in filing this revisional application nor any prayer for condition of the delay was made nor any order for condoning the delay was obtained from the court at the time of issuing the Rule. Therefore it is liable to be discharged. 5. He further submits that the......e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ......e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)
....on (Criminal Revisional Jurisdiction) Present: Md. Abdul Karim J Syed JR Mudassir Hussain J Maulana MA Mannan and 2 Others.........................Petitioners Vs. State........................Opposite Party Judgment November 22, 1994. Result: Th......s pending against them before that. Under section 87 of the Code of Criminal Procedure, the Magistrate can publish a written proclamation requiring the accused to appear before him within a specified time in a case when he has reason to believe that the person against whom a warrant has been issued ......shan PS Case No.23 (9) 88 against the petitioners are hereby quashed. Send a copy of the order to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 218. ......shan PS Case No.23 (9) 88 against the petitioners are hereby quashed. Send a copy of the order to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 218. ..Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....Bibi and another......................Petitioners Vs. Soleman Molla and others............................Opposite Parties Judgment September 5, 1994. Case Referred To- Hajee Abdus Sattar Vs. Mahiuddin and others, 6 BCR (AD) 71. Lawyers Involved: MA Rahim with Shamsul Huq and...... receipt after putting his thumb impression on the counterfoil of the same from the month of Falgoon 1368 BS to Jaistha 1370 BS at the previous rate fixed by the vendor of the petitioners. After some time, the said defendant tenant stopped paying rent and filed a Title Suit No.105 of 1968 and obtain......of tenancy was filed two months before the alleged title of the defendants in respect to the suit land and, as such, the plaintiffs were not obliged to file a suit for declaration of their title and recovery of possession and it is enough for them to file a mere suit for establishment of tenancy r......tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
MA Malik Vs. State, 1994, 23 CLC (HCD)
.... 18. ...... Dhaka and it was decided that the dispute would be finally settled after his return from London where he was to go in connection with some business. He returned from London on 31.8.92 and in the meantime she had left for her father’s house at Sylhet for her better treatment there. However the pet......ntered in General Diary (No. 96) alleging risk to his life and Property and seeking police protection. On 3.2.93 he instituted Money Suit No.6 of 1993 in the 3rd Court of Subordinate Judge, Dhaka for recovery of cash money and prices of articles taken away by the informant and her relations from the......al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ......ারেফতের গোপন আলাপ” were published before hand. But these two Bengali books did not contain any objectionable materials which oppose, injure or insult the religious sentiment and fundamental faith of the followers of Islam and, as such the order of forfeiture as conta......8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ......8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
........................................Petitioner Vs. Helana Begum and others........................Opposite Parties Judgment July 27, 1994. Cases Referred to- Ganhar Vs. Mrs. Ghulam Fating and another PLD 1984 Lahore, 124; Mrs. Parveen Chowdhmry Vs. 6th Senior Civil Judge, Ist Class...... No.1 was that she was married with the petitioner according to shariat and under the Muslim Family Laws Ordinance on 11.11.83, by a registered Kabin nama fixing dower money at Taka 39,999.00. At the time of marriage her father gave gold ornaments valued at Taka 14,000.00, a watch worth taka 15,000....... bounden duty of a husband, irrespective of his minority, illness or imprisonment or the richness of the wife, so much so that the obligation devolves on the father of a minor husband with a right of recovery against him when he is in a position to repay the amounts as held by Amir Ali on the author......f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
............................................Petitioner Vs. Ali Tannery Ltd. and others……...........Opposite Parties Judgment July 25, 1994. Cases Referred to- Mr. Zahlrul Islam Vs. National bank Ltd. and others in CPSLA No. 251 and 318 of 1993 1994 (11) BLT SC (AD) 23; MAC Propriet......aintiff is allowed and the counter claim is rejected. In view of the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. ......ion in the trial Court for rejecting the prayer of counter claim on the ground that Artha Rin Adalat Ain, 1990 empowers only Bank and some other specified Financial Institutions to institute suit for recovery of loan and since the defendants do not answer the said description they cannot file a coun......aintiff is allowed and the counter claim is rejected. In view of the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. ..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)
.... The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ...... case are in any way different as not to attract the principle laid down by the Privy Council in the aforesaid case. 3. The appellants, who are brothers, No. 2 being minor at the relevant time, instituted Title Suit No. 80 of 1975 in the Fourth Court of Assistant Judge, Narayangonj for......sion of the High Court Division. The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ......sion of the High Court Division. The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ..Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295
Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
....ction with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 573. ......cused persons and, as such, the impugned Judgment and the order of conviction and sentence are liable to be set aside. Mr. Afzalur Rahman further submits that appellant Dulal was aged 13 years at the time of the alleged occurrence and could not be partners or associates with the real killers of Mori......uddin Ahmed be set at liberty forthwith if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 573. ......uddin Ahmed be set at liberty forthwith if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 573. ..Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36
Shaban Ali Mia and Shukur Ali Khandaker Vs. State and Md. Harmuz Ali Mollah, 1994, 23 CLC (HCD)
.... High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J KM Hasan J Shaban Ali Mia, Shukur Ali Khandaker............................Petitioners Vs. State, Md. Harmuz Ali Mollah…………………………………….Opposite Parties Judgment ......nant opposite party filed a petition of complaint alleging, inter alia, that he was married to the petitioner No.1 according to Hindu religious rites and they had a child out of their wedlock. At the time of marriage the accused petitioner took in cash and kind about Taka 1, 29,100.00 as dowry but t......rder. The rule is accordingly discharged. The stay order granted by this Court is hereby vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (1996) 55. ......rder. The rule is accordingly discharged. The stay order granted by this Court is hereby vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (1996) 55. ..Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....sult: The Rules are discharged. Cases Referred to- Fayeb Ali Ys. Abdul Khaleque and others, 43 DLR (AD) 87; Joy Narain Sea Ukil Vs. Srikanta and others. AIR 1922 (Cal) 8 AIR 1922 (Cal) at page 8; Erfan Ali Vs. Joynal Abedin Mia, 35 DLR (AD) 216; Shambhu Nath Poddar Vs. Bangladesh Rail......t being one for declaration of title to an unspecified share of an undivided plot of land on the basis of gift and there being no evidence that the donor thereof was‑ in exclusive possession at any time is not maintainable without a prayer for partition." 15. Mr. Mihir Kanti Majumder, th......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ..Category: Property Law | Date: 17 May, 1994 | Hits: 3
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....ted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ......2 witnesses and tendered one as against none by the defence. The defence case, as it appears from the trend of cross‑examination of the prosecution witnesses, is that there was no occurrence at the time, place and in the manner as alleged by the prosecution. The defence is a plea of total innocenc......ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ......ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
....ction)
Present:
Habibur Rahman Khan J
MM Ruhul Amin J
Zamir Ahmed..................................Petitioner
Vs.
The Principal Secretary, President's Secretariat...........Respondents
Judgment
April 28, 1994.
Result:
The Rule is disposed o......and allegations made in the petition were denied asserting that the petitioner was rightly removed from service under Martial Law Order No. 9 and there was no occasion for reviewing the matter at the time of its promulgation. At a later stage Mr. Mashuque Hossain Ahmed, the learned Assistant Attorne...... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
...... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)
....tioner Vs. Rupali Bank..................................Opposite Party Judgment April 24, 1994. Result: The Rule is discharged. Under Section 5(4) the Artha Rin Adalat shall be "deemed" deemed to be a Civil Court and it has been vested with all the powers......from the Sadharan Bima Corporation. The Rule is accordingly discharged, however, without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 292 ......inder Order 47 rule I of the Code of Civil Procedure. 3. Artha Rin Adalat has been constituted under section 3 of the Artha Rin Adalat Ain, 1990, for certain specific purpose, namely, for speedy recovery of dues of banks and some other specified Financial institutions only. Section 5(4) of the ......from the Sadharan Bima Corporation. The Rule is accordingly discharged, however, without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 292 ..Category: Banking Law | Date: 24 Apr, 1994 | Hits: 1
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....rted in: 46 DLR (HCD) (1994) 273 ...... rejected as its effect would have been to convert the suit into a different suit against different parties. (e) where it takes away from the other party a legal right accrued to him by lapse of time. but court's power of allowing amendment is not circumscribed by the law of limitation in t......ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ......ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
Samirannesa Vs. Government of Bangla¬desh and Others, 1994, 23 CLC (HCD)
....espondent Judgment March 10, 1994. Result: The Rule is made absolute. Grounds of Detention The Government shall under Section 8(2) of the Special Powers Act 1974 communicate the grounds of detention to the detenu within 15 days from the date of detention of the detenu a......ct 1974 communicate the grounds of detention to the detenu within 15 days from the date of detention of the detenu and the said provision is mandatory. Section 9. Commencement and termination of time, (1) In any Central Act or Regulation made after the commencement of this Act, it shall be suff......e pending criminal case and not wanted in connection with any other matter. Communicate this order immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 276 ......e activity; that he has been wrongly arrested and falsely implicated in Gulshan PS Case No. 31(8) 1993 under section 19(a) and (f) of the Arms Act, though he did not commit the alleged offence and no arms were recovered from his possession and that the case is still pending in the Court for trial. I..Category: Criminal Law | Date: 10 Mar, 1994 | Hits: 3
Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)
....ischarged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509 ...... to appellant Zakir in which she entreated him to take her away by Saturday or Sunday. In another letter she informed her unnamed lover that she was ready to go with him tomorrow i.e. Thursday school time at 10.15 A.M. and she was agreeable to whatever proposal is given by him. Victim's mother P......a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509 ......a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509 ..Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1
Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)
....: The Rule is discharged. Cases Referred to- Md. Shalijahan Sheikh and ors. Vs. Sessions Judge, Pirojpur and others, 38 DLR (AD) 246. Lawyers Involved: Md. Amir Hossain, Advocate‑For the Petitioner. Md. Majibar Rahman, Advocate‑For the Opposite Party. Criminal ......rected the OC Kotwali PS to enquire into the allegation of violation of order of status quo dated 31.1.91 and fixed the case on 27.10.91 for report and recording evidence of the 1st party. In the meantime 2nd party‑petitioner filed Criminal Revision No.400 of 1991 before the learned Sessions Judge......passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ......passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ..Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1
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