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State Vs. Rois Khan and another, 2009, 38 CLC (HCD)
....e 1(kha) of section 19(1) of the Narcotics Control Act, 1990 is not sustainable in law and also on the facts of the given case. 7. Mr. Farhad Ahmed, learned Deputy Attorney-General, on the other hand, submits that, through independent natural and neutral witnesses prosecution proved that huge n....../appellants are entitled to get benefit of section 35A of the Code of Criminal Procedure in the matter of computing their period of sentence. 45. Before parting with the decision, it is painful to note that how huge quantity of heroin could be smuggled into Bangladesh through Zia International Ai..Category: Criminal Law | Date: | Hits: 112
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
....ocumentary it is incumbent of this Court sitting under revisional jurisdiction to consider the same in order to arrive at a proper finding on the basis of the materials on record. 10. On the other hand, Mrs. Nurun Nahar, the learned Advocate appearing for the defendant-respondent-opposite parties...... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ..Category: Property Law | Date: | Hits: 100
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....t: The appeal is dismissed. Cases Referred to- Woodbrair Estate Ltd. Vs. Catholic Bank of India ltd., AIR 1958 Ker 316 (DB); Baker Vs. Barchy's Bank Ltd., 1935-2 All ER 571 (E); Bapulal Premchand Vs. Nath Bank, AIR 1946 Bom 482; Sanyashilingam Vs. Exchange Bank of India, AIR 1948 Bom KB); B......t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ..Category: Business or Commercial Law | Date: | Hits: 548
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....legal and unjust; and therefore is an abuse of the process of Court and as such liable to be quashed. 8. Mr. Nizamul Haque Nazim, the learned Assistant Attorney General for the State. On the other hand, submits that the contention of the petitioner is subject to prove and that the complainant cat......nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ..Category: Criminal Law | Date: | Hits: 84
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
....d Rajmohon Shill. Brindabon Shill died leaving one son, Kalinath Shill. Lalit Kumar Shill died childless leaving his wife Kumudini Shill (Defendant-2). Rajmohon Shill died leaving two sons, Sharot Chandra Shill and Shashi Kumar Shill. Sharat Chandra Shill died leaving two sons, HemantaKumar Shill ......ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ..Category: Property Law | Date: | Hits: 107
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....eading and non-consideration of the materials evidence on record calling for interference by this Court. Thus, Mr. Chowdhury submitted that the Rule was liable to be made absolute. 7. On the other hand, Mr. Syed Md. Humayun Kabir Khadem, learned Advocate appearing for the opposite party Nos. 2, 4...... no dispute that the plaintiff is out of service since his dismissal from service. On perusal of the decisions referred to above, it appears that the views are conflicting on the subject. It is to be noted that the case decisions cited at the Bar relate to service matter out of which only in the cas..Category: Civil Law | Date: | Hits: 144
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....bout share of land or rent does not offer any ground for appointment of receiver. The plaintiff has failed to make out a case that property, allegedly ejmali, was going to be wasted or damaged at the hands of his siblings and members of his extended family against whom he has sought relief. Plaintif......ake such appointment. The plaintiff must satisfy the Court that the property in possession of the defendants is in danger of being wasted." 11. In the above case the Appellate Division sounded a note of caution about putting a third party in a joint family property and observed: "Law require..Category: Civil Law | Date: | Hits: 126
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
....f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......f occurrence there was a rush of people in the weighment room. In the midst of noise in the scale room the petitioner had to record the weighment of all the carts in a rough paper. The purpose was to note the weighment of the last cart as soon as it would be received and after adjustment of the weig..Category: Labour and Industrial Law | Date: | Hits: 182
Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)
....the petitioner is not maintainable. 18. The question whether promotion committee was justified in calculating 17.66 marks as the average of marks obtained by the petitioner in the interview at the hand of 3 examiners out of 4 and as to whether the said marks should have been counted as 18 marks c......t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ..Category: Employment/Service Law | Date: | Hits: 194
Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
....ent front of a political party. He pleads that the Government should not be allowed to scuttle the right of the citizen, guaranteed under the aforesaid Articles, in such a manner. 17. On the other hand, Mr. Bazlur Rahman Chhana, the learned Assistant Attorney-General, appearing on behalf of the r...... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ..Category: Employment/Service Law | Date: | Hits: 194
State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)
.... The State, 12 BLD (AD) 180; Mistha Vs. The State, (1963) PLD (Karachi) (DB) 1; Ghulam Vs. The Crown 1950 P.L.D. (Lahore) 90; Baktiar Hossain Vs. The State, 47 DLR (HCD) 542. Lawyers Involved: Khandaker Mahbub Hossain with Sheikh Mohammad Ali- For the condemned-prisoner. ......elates to involvement of the appellants with the alleged murder. Thus, the appellants are entitled to get the benefit of Section 114 (g) of the Evidence Act, 1872. 21. In the instant case, we take note of the complete departure of the prosecution case from its first recorded version with great do..Category: Criminal Law | Date: | Hits: 98
Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)
....to got to a civil Court for determining the rights of the parties thereto or the person entitled to possession thereof. 6. Mr. S.C. Das, the learned Advocate for the opposite parties, on the other hand, has submitted that the learned Magistrate has not applied his mind to the evidence on record a......udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ..Category: Procedural Law | Date: | Hits: 116
....
খ। সম্পূর্ণ বধির।
গ।এক পা কাটা (Amputation of thigh, leg or foot)।
ঘ। এক হাত কাটা (Amputation of arm, forearm or hand)।
ঙ। নার্ভ বা হাড্ডি আহত হয় এক পা বা ......n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
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Category: Constitutional Law | Date: | Hits: 237
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....ld all these facts to him. Nazma also told that at about one hour in the night some one fell her down from the "Khat" when she was roaring and on hearing this Faruque and others, 4 in number, saw the hands and mouth of Nazma fastened which they untied and then saw the blood stained slaughtered dea......sions. There is nothing to show that the accused persons made the confession out of fear or torture or mal-treatment of the Police or that the confession was the result of inducement. We have already noted that the learned Magistrate recorded the confessional statements in respect of both the condem..Category: Criminal Law | Date: | Hits: 99
Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)
....ent and his mother and sister were also admitted in the hospital for treatment. Accused persons were apprehended by the local people from a house and local chowkidar and dafadar guarded them and then handed over them to the investigation officer on the very same day. 5. Defence case is that, no o......the victim Belal and according to some witnesses accused Ruhul Amin gave chal blow to victim Belal." 8. On consideration of the impugned judgment, evidence on record and the respective submissions noted above we find that the learned Additional Sessions Judge did not properly consider the materia..Category: Criminal Law | Date: | Hits: 76
Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....e same has resulted in error in the impugned decision occasioning failure of justice. 7. Mr. Syed Mahmud Hossain, the learned Advocate appearing for the pre‑emptor‑opposite party, on the other hand, submits that the learned Court of Appeal below on proper consideration of the facts and circum......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ..Category: Property Law | Date: | Hits: 91
AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
....are also forged and fraudulent. He further submits that the plaintiffs petitioners are entitled to get decree. 7. Mr. Khair Ezaz Masud, the learned Advocate for the opposite parties, on the other hand, submits that Sultan Mahmud after his retirement fell ill and the plaintiff No.1 collusively ......al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ..Category: Procedural Law | Date: | Hits: 110
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....f Wakfs, namely, Syed Mohammad Amir Hassain be a fit person to the next Mutwalli according to the terms of the Wakf deed, appointed him as Mutwalli in place of Mrs. Nadira Rahman. She was directed to hand over the charge of Mutwalliship to Syed Mohammad Amir Hossain immediately. As against that orde......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ..Category: Trust/Waqf Law | Date: | Hits: 134
.... this 30/35 miles crossing rivers on the way and to prescribe medicine for which he charged initially Taka 300.00 and he was paid Taka 200.00 by the owner. It is also the prosecution case that before handing over the money to the Veterinary Assistant Surgeon the complainant noted down the number of ......e call at which the accused demanded Taka 300.00 being the price of medicine and for transport cost and other charges and he paid Taka 200.00 in presence of witnesses, after taking down the number of notes in a sheet of paper. On this written complaint filed before the Sub Divisional Officer Patuakh..
Category: Criminal Law | Date: | Hits: 84
Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)
....resulting in an error in the decision occasioning failure of justice and is liable to be set aside. 6. Mr. Akram Hossain Amin, the learned Advocate appearing for the opposite parties, on the other hand, contends that both the Courts below having considered the oral as well as documentary evidence......gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ..Category: Property Law | Date: | Hits: 77
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