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Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
.... party‑opposite parties, submits that finding of the learned Magistrate in respect of possession of the first party was not based on evidence. He also submits that the learned Magistrate came to an erroneous and misleading finding on the basis of the evidence on record in respect of P.Ws. 2, 3 and......d under section 145 CrPC cannot be reversed by the learned Sessions Judge in consideration of the material placed and the evidence recorded in this case. He further submits that it was the consistent view of the different High Courts of the sub‑continent that the finding of possession of the learn..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)
.... order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ...... deleting the amount appealed before the Appellate Tribunal, Bangladesh, Additional Bench, Dhaka‑3 Dhaka. The tribunal, however, upon an elaborate discussion of the order of the assessment took the view that the addition of Taka 8, 15, 79,411.00 was windfall profit arising out of the refixation of..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......Ali Bepari),wherein it was held that even an absconding accused against whom a charge has been framed which is punishable with death is entitled to be defended by an advocate provided by the Court in view of the provision made in Chapter XII of the Legal Remembrancer Manual, 1960 to the effect that ..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ......ter receipt of the Memo dated 23.9.89 (Annexure‑H) to the petition, the petitioner sent an application Sutra‑279/89 dated 9.10.89 to the Secretary, Ministry of Education for reconsideration and review of the decision of the Board and Board's Appeal and Arbitration Committee. A true copy of t..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ......aragraphs are not mere omissions curable U/s. 537 Cr.P.C. and the manner in which the confession was recorded casts serious doubt as to the voluntary character of the statement.” The above view has been expressed relying on the decision in the case of Nazir Ahmed Vs. The King Emperor, rep..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ...... the State. It is the contention of the learned Counsel appearing for the petitioner that the reasons mentioned are absolutely false, baseless, motivated and the allegation that the petitioner with a view to avoid repayment of the loan allegedly taken from Al. Baraka Bank Ltd. was intending to leave..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ......6 of 1972 read with Ordinance No.54 of 1985. So the Court dismissed the application for non‑prosecution, although it had framed an issue and decided the issue without going into merit. This, in our view, is illegal and in so deciding the Court of Settlement acted beyond lawful authority. The ..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
....zzak of village Kalachandpara. PS Pabria, District Pabna at liberty if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 257
......rtial Law Court No. 2, Bogra in case No.1 of 1985. The Court while convicting the six accuseds acquitted the petitioner and 16 others of the charge by a judgment and order dated 20.3.86.
3. In review the Chief Martial Law Administrator set aside the order of acquittal passed by the Special Mart..
Category: Administrative Law | Date: 26 Jul, 1992 | Hits: 1
Nazrul Islam and another Vs. Jahanara Hassan and another, 1992, 21 CLC (HCD)
....sistant Judge is directed to return the plaint as amended to its filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106 ...... 4,800.00. The defendant filed a written objection taking the plea that the amendment would change the nature and character of the suit. After hearing the parties the learned Assistant Judge took the view that the amendment as proposed would not change the nature and character of the suit and accord..Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ...... company was not competent to accept any deposit and open any account and issue cheque and open LC business of wage earner remittance and the function of the company insofar as it falls within the purview of Ordinance 1969 shall be governed by the said Ordinance and in addition of the above the rele..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ......(P.W.1) did not as yet get his 1/8 legal share in the suit properties. P.W.1 further said in his cross‑examination that the solenama has not been acted upon and that it was a tentative solenama. In view of all these facts and evidence, it will appear that the c1cfendant‑appcilant has failed to p..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....of the case we hold that the Rule cannot be sustained.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 46.
......ical cadre under the Registration Department is Muharrars and the appointment in the said posts of Muharrars are made on seniority basis from amongst the Tax Collecting Muharrars and with this end in view the Government by its order as per Memo No. IG 11/80‑85/900/6(24) dated 19.7.87 has amended R..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
....in Title Suit No. 10 of 1980 is set aside and the suit is dismissed.
Send down the lower court records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......the plaint. I cannot therefore accept the submission made by Mr. Alam that if the property actually belongs to the plaintiff no notice is necessary for instituting the suit in relation thereto. In my view the notice under section 152 of the Ordinance is a pre‑requisite in all circumstances for ins..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ...... প্রতি হুমকি স্বরূপ। 12. We will presently show that the members of defence services as well as persons holding any civil post in the service of the Republic in view of the provision of Article 134 of the Constitution of Bangladesh hold office during the pleasu..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
....lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......run-ur Rashid, learned Advocate appearing for the respondent Nos. 5 and 6, on the other hand, submits that the Upazila Nirbahi officer had power to take action to save the property of a person and in view or the fact that the property in question was going to be damaged, the respondent Nos. 5 and 6 ..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ...... and there is no challenge on the genuineness of the documents produced before the Tribunal and taken into evidence which were earlier seized by the Investigating Officer and proved by P.W.1. In that view of the matter I hold that non‑examination of the Investigating Officer has not in any way pre..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......ning others and extorting money from one of them. As the series of acts attributed to the accused constituted one transaction in which the offences were committed the case fell squarely within the purview of section 235. The fact that the offence of extortion was committed at a different place and a..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168 ......er necessity or scope for selling out the pledged goods which have also been kept in the custody of the plaintiff‑bank as a collateral security and further the impugned order cannot be sustained in view of the clear violation of the provisions of section 176 of the Contract Act for having given no..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
....h facts and can see how the question has been dealt with by the Tribunal raised before it either by the assessee or the Revenue.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 332
......here an assessee satisfies the requirements of clause (iii) he is entitled to the entire amount of interest paid on the borrowed capital. Accordingly, we hold, on the facts of the present case and in view of the finding of the Tribunal, that the assessee is entitled to allowance with respect to inte..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
....n is that the learned Subordinate Judge has misread the evidence as well as the material document in this case namely Ext. A, the ekrarnama and also the decision reported in 15 DLR 634 and come to an erroneous finding to the effect that the pro‑defendant No. 3 has legally transferred his right of ......d by their alleged purchase of the right of repurchase from the pro‑defendant No. 3 vide Ext. 1 i.e. the deed of purchase of the right of repurchase dated 28.3.75, the same being void and illegal inview of the ekrarnama Ext. A and further it has been contended that the defendant No. 2 has had also..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
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