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Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)
....ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......¦â€¦â€¦â€¦â€¦â€¦Petitioners Vs. Golam Rasul and others…………………Opposite Parties Judgment November 24, 1991. Result: The Rule is made absolute. Case Referred to- Administrator, Delta Construction Vs. Chairman, 2nd Labour Court, 28 DLR 365. Lawyers Involved: L......s said view of the Labour Court is not strictly correct. The said circular is obviously an administrative act and cannot be said to have the force of a piece of legislation. Nevertheless, the binding nature of this circular cannot be ignored having regard to the fact that the control and management ..Category: Civil Law | Date: | Hits: 99
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......il Procedure, the provision relating to production of documents under Rule 14 of Order XI, framing of issues, summons to the witnesses and attendance of the witnesses and all other provisions of like nature are applicable which are not in conflict with the Artha Rain Adalat Ain and the proceedings o..Category: Administrative Law | Date: | Hits: 200
Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)
....t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ......n with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ......ithin 8/9 cubits from the eastern side of their house he found Mokbul in the sugarcane field. The accused Mokbul was brought to the house of the victim. PW 1 proved ejahar marked Exhibit 1 and his signature marked Exhibit 1/1. He also signed as a witness the inquest report submitted by the Daroga an..Category: Criminal Law | Date: | Hits: 71
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......posite–Parties Judgment March 20, 2002. Result: The Rules are made absolute. Cases Referred to- BCR 1983 (AD) 46 [Md. Kashem Vs. GoB]; Mrs. Husna Mansur and others Vs. Secretary Ministry of Public Works and Urban Development, 34 DLR (AD) 35; M Ismail and others Vs. Trans Oceanic......t letter will be treated as cancelled and the plaintiff will be liable to be evicted without any notice. Further term was that if the plaintiff sub‑let any structure of the suit land or changed the nature and character thereof, his allotment would also be liable to be cancelled. As per the aforesa..Category: Property Law | Date: | Hits: 122
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......e is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......sted. It is natural that they would as a team, stick to their story of acceptance of bribe and recovery of the signed notes. The evidence of such witnesses of the trap party is, therefore, tainted in nature and as such corroboration from the independent and neutral witnesses is very much necessary. ..Category: Criminal Law | Date: | Hits: 90
....ayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619.......Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619....... the petitioner in adopting unfair means in the said examination. Before the Inquiry Committee the petitioner was asked to reply to some questions in writing in his own hand. In Science‑II paper signature of one Md. Ishaque was appearing who was neither an invigilator nor an authority of the exami..
Category: Civil Law | Date: | Hits: 159
Kazi Kamrul and others Vs. State, 2011, 40 CLC (AD)
....ion of the accused-responÂdents which were said to have been recovÂered after three days of their apprehension. It is further contended that the confessionÂal statements of two accused persons are exculpatory in nature and the High Court Division, in the premises, is not justified in taking the s......ed by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ......sed-responÂdents which were said to have been recovÂered after three days of their apprehension. It is further contended that the confessionÂal statements of two accused persons are exculpatory in nature and the High Court Division, in the premises, is not justified in taking the said confessions..Category: Criminal Law | Date: | Hits: 64
Bangladesh Sugar and Food Industries Corporation Vs. Depak Kumar Pal and others, 2011, 40 CLC (AD)
....k. 1,000/- is to be depositÂed within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508.......nted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508.......nterprisÂes under it for smooth, efficient and effective control. Accordingly, the respondent No.3 decided to change designation of the writ petitioners from Inspectors whose job is of superÂvisory nature to Sub-Assistant Cane Development Officer and because of this change, the status of the writ ..Category: Employment/Service Law | Date: | Hits: 85
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......ted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......evidence of D.W.2, the scribe of the document, and adduced detailed reasons for his inability to accept the evidence of this witness as true and from the judgment of the learned trial Court as to the nature of the impugned document after considering the other evidence and circumstances. As such, it ..Category: Property Law | Date: | Hits: 87
....spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
......o them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
......ute, the Government at the same time shoulders the obligations of the contract which the petitioners were entitled to enforce against Md. Moinuddin but this contract is purely a contract of a private nature. The contract between the petitioner No.1 and the previous owner Md. Moinuddin being purely a..
Category: Property Law | Date: | Hits: 89
Shamsuddin Vs. The State, 1990, 19 CLC (HCD)
....nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......e trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......ng on behalf of the State submits that the doctor who held post‑mortem examination found so many injuries on the person of the deceased and the ligature in the neck was found to be post‑mortem in nature and that the doctor opined that the death was due to shock and haemorrhage as a result of the..Category: Criminal Law | Date: | Hits: 66
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......llowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......t though the respondent denied the marriage, he being the eldest among seven siblings, the marriage of his two younger brothers is not unnatural but considering the surrounding facts coupled with the nature of the witnesses examined by him led to the inference that there was legal marriage between t..Category: Family Law | Date: | Hits: 318
Gias Uddin Vs. State, 2002, 31 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328.......of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328.......declined to cross‑examine him. 12. PW 3 Tajul Islam, another neighbour, deposed that he heard that the accused's wife had committed suicide by taking poison. He further stated that he put his signature on the inquest report as a witness, at the request of the Daroga. In cross he stated that the..Category: Criminal Law | Date: | Hits: 51
James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)
....993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee Âapplicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ......tive and in favour of the assessee Âapplicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ......nt" within the meaning as defined in Article 5(2)(b) of the Convention. It further appears that no restriction has been imposed by Article 7(3) on the allowance of any expenditure which is of capital nature. A conflict is clearly evidenced between the provisions of Article 7(3) of the Convention and..Category: Fiscal/Taxation Law | Date: | Hits: 120
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......ith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......nto the surrounding tissues resisted washing. 22. Lastly, he stated his opinion that death was due to shock and haemorrhage due to above mentioned injuries, which were ante mortem and homicidal in nature. Injuries could be caused by sharp cutting weapon like dagger. 23. PW 13 Motaleb Beg testi..Category: Criminal Law | Date: | Hits: 60
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......he nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......y declared to be illegal and without lawful authority. 21. The respondents are directed to release the disputed house in favour of the petitioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is a..Category: Property Law | Date: | Hits: 75
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
.... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ...... the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ......tion as to the local jurisdiction of a Court may not be confused with the question as to the competence of a Court to try the suit. The defect even if any involved in the former is not of fundamental nature, whereas the latter goes to the very root of the jurisdiction, and where it is lacking it is ..Category: Civil Law | Date: | Hits: 104
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
.... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ...... is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ...... the earlier cases, and the more liberal application has been rendered necessary by complex conditions due to recent developments of civilization and the increasing density of population. In the very nature of the case, modern conditions and the increasing interdependence of the different human fact..Category: Property Law | Date: | Hits: 93
National Bank Limited Vs. New Sonali Garments (PriÂvate) Ltd. & Others, 1993, 22 CLC (HCD)
....urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. .............................Appellant Vs. New Sonali Garments (PriÂvate) Ltd. & Ors . ...........................Respondents Judgment April 20, 1993. Lawyers Involved: Ashrarul Hossain with Mvi. Md. Wahidullah, Advocates ‑ For the Petitioner Cross‑objection. M Zahir with M H......ppeal shall lie only to the High Court Division. Under section 9 of the Adalat Act read with section 24 of the Code (section 24 of the Code not being in conflict with Adalat Act and administrative in nature) the District Judge may transfer a suit from one Artha Rin Adalat to another Artha Rin Adalat..Category: Civil Law | Date: | Hits: 96
Abdul Shahid Chowdhury and another Vs. Kazi Khurshed Ali and others, 1979, 8 CLC (AD)
....use it depends upon the nature of the holding. We do not find any substance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ......bstance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ......llate Court on this question has been accepted by the High Court Division. A particular land though situated in the rural area, can be classified as non-agricultural land, because it depends upon the nature of the holding. We do not find any substance in this petition. Therefore, the petition is ..Category: Property Law | Date: | Hits: 76
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