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Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life: Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail." 16. Mr. Moudu......e money of the depositors, the accused‑petitioner as a mere pretext wrote such letter dishonestly to the Bangladesh Bank with which like schedule bank it kept no deposits and the accused petitioner fully knew that since BCI Limited is not a bank, as non‑banking institution it cannot ask the Bang......n, B. Com., joined the then United Bank Limited (now called the Janata Bank) as an officer Grade‑III in the year 1966, continued to serve in the Janata Bank till 25.4.83 and was lastly posted as Manager (Senior Principal Officer) in Grade‑I in Dhaka. He resigned from the service of the said nati..Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)
....r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ......ls absence of jurisdiction and an error made within the jurisdiction is very fine. 'So fine indeed that it is rapidly being eroded.' Fake this very case when the Judge held that the installation of a full central heating system was not a structural alteration or addition'. We all think, all three of......ngladesh, 43 DLR (AD) 28; Abdul Gafur Khan and another Vs. Government of Bangladesh & ors., 42 DLR (AD) 99; Pearlman Vs. Keepers and Governors of Harrow School, All England Law Report Vol.1 1979 page 365; Anisminic Vs. Foreign Compensation etc., All England Law Report 1969 Vol. 1 p.208; RV Cot..Category: Property Law | Date: | Hits: 76
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
....er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ...... Election Commission and others……………………..…..Respondents Judgment January 28, 1993. Case Referred to- Regina Vs. Medical Appeal Tribunal, ex parte Gilmore, 1957 IQB at page 583. Lawyers Involved: M Amirul Islam with Md. Nurul Huda and Raquibul Haque Miah, Advocat..Category: Election Law | Date: | Hits: 126
State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
....3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......s did not support the prosecution case. In doing so the learned Judge failed to consider that conviction can be well founded even on a single witness, if he is found disinterested and his evidence is fully reliable, not shaken, self contained and complete. The learned Judge also failed to understand......reas were filled up by earth. He saw 25/30 workers to work inside the University for 15/20 days. He was assigned to take care of the Informant and guided him to visit the Shrine of Khan Jahan Ali at Bagerhat. He did not take him to the project areas. He further stated that during the projects implem..Category: Criminal Law | Date: | Hits: 101
State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)
....ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......s did not support the prosecution case. In doing so the learned Judge failed to consider that conviction can be well founded even on a single witness, if he is found disinterested and his evidence is fully reliable, not shaken, self contained and complete. The learned Judge also failed to understand......as. 14. P.W.8 Sheikh Mojibur Rahman, Officer-in-charge of Batiaghata food godown deposed as a formal witness in respect of seizure of documents from his office. 15. P.W.9 Jagadish Mondal, a village defense police stated that during investigation, one plain dressed officer showed him two master..Category: Criminal Law | Date: | Hits: 86
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....) of the Act as to the age upto which a female child remains minor. Under these provisions of law a "female child remains minor till she completes her 16 years of age." In other words a female child (woman) above 16 years of age cannot be kept or given in custody to any other person whereas the Act ...... Cases Referred to- 35 DLR (AD) 127; Fatema Begum alias Urmila Rani Vs. Gageswar Nath and the Sale, 9 BLD (1989) 469; Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, 42 DLR 79; Prafulla Kumar Bhattacharya Vs. Ministry of Home Affairs Govt. of Bangladesh, 28 DLR (HC) 123; Krishna ......Mozammel Hoque...................Petitioner Vs. State..................Opposite Party Judgment March 9, 1992. Cases Referred to- 35 DLR (AD) 127; Fatema Begum alias Urmila Rani Vs. Gageswar Nath and the Sale, 9 BLD (1989) 469; Sukhendra Chandra Das Vs. Secretary, Ministry of Home A..Category: Criminal Law | Date: | Hits: 80
Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)
.... answer the questions referred to us in the negative and against the Revenue. Parties are to bear their respective costs although. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ......nulled the order of the assessment. The Department took appeal before the Taxes Appellate Tribunal, Additional Bench, Bangladesh, Dhaka. 3. Before the Tribunal the department contended the DCT had full jurisdiction to assess income of the previous year of the assessee in Bangladesh in view of the......n 10(9) and 2(14AA) we agree with the view of the Tribunal that the assessee is a person and was a resident in the taxable territories for the previous year ending on 31.12.1970 as the control and management of the affairs of the assessee company was situated wholly in Pakistan, which according to d..Category: Fiscal/Taxation Law | Date: | Hits: 109
....e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 471.
......order of termination under section 19(1) of the said Act, treating the date of judgment as the date of the termination and directed the petitioner to pay the respondent No. 2 termination benefits and full back wages and other attending benefits from the date of suspension till the date of judgment w......ited liability company incorporated and registered under the Companies Act, 1913 and the said Company has its office and factory premises at North Kattali, PS Pahartali, Chittagong, and the Senior Manager is the Chief Executive thereof. The respondent No. 1 is the Chairman, Labour Court at Chittagon..
Category: Labour and Industrial Law | Date: | Hits: 133
Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)
....s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460.......tion the legality of the decree passed by a Superior Court." In the said judgment the Court below was cautioned with the observation "The subordinate Courts would do well to apply their mind more carefully in such situations before rushing to judgment. We find no reason why the judgment‑debtor cou......s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460...Category: Civil Law | Date: | Hits: 103
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......e led before the trial Court in accordance with law, It may be that the allegations made against the petitioner are unfounded and or exaggerated and the contention and assertion of the petitioner are full of substance. Even then this Court cannot again on well‑settled principles turn itself into a......1991. Cases Referred to- Latif Mirza's case, 31 DLR (AD) 1; Sajeda Parvin Vs. Government of Bangladesh, 40 DLR (AD) 178; Shawkat‑un‑nessa Vs. The State of Hydarabad, AIR 1950 Hydarabad at page 20; Wicks Vs. DPP at page 265; Keshavan Madhava Menon Vs. the State of Boinbay, AIR 1951 (SC) 12..Category: Criminal Law | Date: | Hits: 98
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429.......nd vested in M/s. Progati Industries Ltd. by virtue of Government Order dated 16.9.72 and 18.10.72; that the defendant No. 1 paid off the decreetal dues of the Title Suit No. 315 of 1968 and received full payment and clearance certificate from Bangladesh Shilpa Rin Sangstha; hereinafter referred to ......ed to as the purchaser company fell through and the plaintiff remained absolute owner of the suit property; that the plaintiff has intentionally suppressed material facts; that suit property was mortgaged to the PICIC who filed Title suit No. 315/1968 against the plaintiff and others and the said pu..Category: Property Law | Date: | Hits: 69
....
Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
......ry affidavits which are on record.
3. The respondent Nos. 3‑5 filed an affidavit-in‑opposition denying the material allegations made in the petition and contending that the Wage Board was lawfully constituted with due compliance of the requirements of section 9 of the said Act and the said ......era Bus Service, PLD 1958 (SC) (Pak) 477 = 11 DLR (SC) 140; Indian Sugar Mills Association Vs. Secretary, Government of Uttar Pradesh, AIR 1951 (All) 1; Khulna Shipyard Employees Union Vs. General Manager, Khulna Shipyard and others, 30 DLR 368; Zamiruddin Ahmed Vs. Government of Bangladesh, 34 DLR ..
Category: Constitutional Law | Date: | Hits: 246
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ...... of erecting a residential house by the plaintiff, for a period of 99 years commencing from the 30th day of October, 1962 and pursuant to that agreement and for consideration of Tk. 8,154/‑ paid in full by the plaintiff, the defendant No. 1 executed a proper conveyance deed under caption "Standard......esidence. The plaintiff met with accident in 1973 and his left leg was broken and there was little hope of his survival and hence he entrusted his close friend Syed Mohammad Anwar Hossain with the management of the property. The plaintiff partially recovered from illness in May‑June, 1980 but as h..Category: Property Law | Date: | Hits: 87
Alamgir and others Vs. State, 2010, 39 CLC (AD)
....to appeal by the impugned judgment. No case has been made out for review of the said judgment and accordingly the same is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 244. ......on record. 10. It appears that the High Court Division considered the evidence of P.W.1 the informant, the wife of the deceased and further considered that she has been corroborated by P.W.2 the full sister of the deceased and P.W.5 the cousin of the deceased. 11. It further appears that the......to appeal by the impugned judgment. No case has been made out for review of the said judgment and accordingly the same is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 244. ..Category: Criminal Law | Date: | Hits: 59
Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)
....khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......tion purchasers Abdul Jabbar was an intelligent man and the rest of the auction purchasers used to believe him and they all used to pay rents through Abdul Jabbar. The defendant Nos.14 and 15 are the full brothers of Abdul Jabbar. The defendant Nos. 14 and 15 created some deeds without any considera......khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ..Category: Property Law | Date: | Hits: 69
M/s. Ok-Kyung Oh Vs. Tea Hung Packaging (BD) Limited and others, 2010, 39 CLC (AD)
....stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193.......ng managed in accordance with the Companies Act and since she had been removed from the office of Directorship, in contravention of section 106 of the Companies Act, the Registrar has been armed with full power to enquire into the matter. Mrs. Tania Amir, learned Counsel appearing for the caveator, ...... 31st March, 2004, although the Company witnessed a smooth and healthy ride as a toddler, subsequently accumulated hiccups, resulting from declining personal relationship between them, put the management structure of the Company in a shamble. At one point of time, the writ respondent No. 3, alle..Category: Company Law | Date: | Hits: 175
Jamshed Ali and others. Vs. Azman Ali, 2008, 37 CLC (AD)
....urt Division considered all aspects of this mater and we do not find any legal infirmity in the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......e entire the suit property in their exclusive maliki right and subsequently Mohendra Kumar Paul sold his share to the extent of 20 decimals in S.A. Plot No. 1669 to defendant No.1 Jamshed Ali, who is full brother of the answering defendants on the basis of the registered kabala dated 18.11.1970 and ......ts praying for a decree for declaration of their easement right of pathway over the suit land for long and for permanent injunction restraining the defendants from interfering with their right to passage over the suit land and from disturbing their such right in any way. The plaintiffs issued an adv..Category: Property Law | Date: | Hits: 69
Mahirun Nessa Vs. State, 1993, 22 CLC (HCD)
....xceptional. Though the learned Advocate is unable to lay his hand on any case where such an inordinate delay has been condoned earlier this case appears to us to be of very exceptional nature, an old woman of 80 years is involved and hence we are inclined to exercise the jurisdiction invoking the ai......red accordingly. The petition filed for bail be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 184.......er, submits that while the case was before the magistrate 1st class Rajshahi Sadar she was enlarged on bail and subsequently her attendance in the Court was dispensed with in consideration of her old age. It is further submitted that the accused petitioner is now aged 80 years and has been suffering..Category: Procedural Law | Date: | Hits: 112
M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)
....lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......b‑section provides as follows‑ "(5) No tenant shall be entitled to the benefit of this section in respect of any premises unless, he pays the rent due by him in respect of such premises to the full extent allowable by this Ordinance within the time fixed in the contract with his landlord or, ......himself of the benefit of sub‑section (1) of section 19 a tenant has always to make a personal offer of the rent to the landlord before remitting it by money order. He relies upon the following passage for his contention: "The onus to bring a case within the ambit of s. 19 as to deposit lies on..Category: Property Law | Date: | Hits: 78
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......ra congested. On dissection abnormal fluidity and oozing of blood noted. Extravasation of blood underneath the ligature mark and related muscle found lacerated, mouth congested but intact. Stomach full of rice but normal. Liver, spleen normal. The cause of death in his opinion was stranguilation ...... this Court being Crl. Appeal No.765 of 1987 against the judgment and order of conviction and sentence passed against him. 2. The prosecution case, in short, is, that Tutul, the son of Kalu Sheikh aged about 10/11 years, used to work as an employee in the shop of FK Jewelers. On 25.10.86 after As..Category: Criminal Law | Date: | Hits: 84
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