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State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
....pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......n his person one stitched injury on the right side of chest 2" below nipple and parallel to the costal region going obliquely downward and laterally with fourteen stitches and length 7½. There is no dispute about the fact that the victim received fatal injury and consequently died and the evidence ..Category: Criminal Law | Date: | Hits: 49
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ......a 4/5 days before, on the night of occurrence in connivance with his brother Abul Hashem Kha and another brother's wife Selina Begum, strangulated his deceased wife to death after quarrel over family dispute. He then lodged first information report against them. 3. Police after investigation of t..Category: Criminal Law | Date: | Hits: 41
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......im. (1) Arbitration Clause: Mr. Hasan Ariff, learned Attorney General and Mr. Raftq-ul Huq have argued that the Licence Agreement contains arbitration clause which is wide enough to cover the dispute before this Court and that the Writ Petition is not maintainable because the petitioner has ..Category: Information Technology Law | Date: | Hits: 321
.... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
......very of khas possession thereof filed a civil suit being Title Suit No.371 of 1963 and obtained the decree in his favour which was finally affirmed by the Appellate Division of the Supreme Court. The dispute with regard to the title and possession of the land in question between the parties, namely,..
Category: Property Law | Date: | Hits: 95
Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)
..... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504.......ive bonus as an expenditure covered by section 10(2)(XVI) of the Act inasmuch as the said expenditure was incurred by the assessee wholly and exclusively for the purpose of the business and it is not disputed by the department that this expenditure is either of capital nature or personal expenses. T..Category: Fiscal/Taxation Law | Date: | Hits: 104
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......ctions in that Act. We see that from time to time the Pakistan Citizenship Act was amended to fit in, to its requirement, but we are not concerned with the same, as it is not relevant for the present dispute. The relevant law for our purpose is President’s Order No.149 of 1972, which was enacted a..Category: Immigration and Citizenship Law | Date: | Hits: 190
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......1976, dismissing the suit for declaration of title of the plaintiffs in the suit land. 2. Plaintiffs’ case, in short, is that the suit land originally belonged to Dhanobar and Nafar which is not disputed. They mortgaged the suit land to the defendant Nos.4 and 5 on 26-2-1957. But the transfer d..Category: Property Law | Date: | Hits: 85
....ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
......other hand, submits that the Deputy Commissioner entertained the Civil Suit under the provisions of the Chittagong Hill Tracts Regulation 1900 and therefore, the Deputy Commissioner while determining disputes of a civil nature is a Civil Court and therefore, any order made by the Divisional Commissi..
Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481....... proceedings in ODC Case No.21 of 1955-56 and on the basis of that auction purchase, neither the defendant No.1 nor the defendants 9 and 10 did acquire any title or interest in the suit land. In this dispute the auction sale took place on 1-6-1959 in OD Case 21 of 1955-56 and notice under section 7 ..Category: Property Law | Date: | Hits: 83
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ......e gas line is restored in no lime. 10. I have perused the revision application, orders of the Courts below and also the affidavit-in-opposition. I have heard the learned Senior Counsels. It is not disputed that the plaintiff stopped payment of the gas bills since August, 1999. Outstanding bills a..Category: Civil Law | Date: | Hits: 151
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
.... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......if his evidence is found by the Court to be honest and trustworthy and if fully corroborated by the circumstances of the case and medical evidence. 24. In the present case we find that there is no dispute as to the death of Azhar. As to the time of the alleged occurrence it is in the first inform..Category: Criminal Law | Date: | Hits: 35
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......he learned Advocates submit that this goes to suggest that the occurrence might have taken place elsewhere and in a different manner. 11. The date, time and place of occurrence are not practically disputed. 12. In the light of the submissions made by the learned Advocates for the parties let u..Category: Criminal Law | Date: | Hits: 50
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
....itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......No.2 filed an application in the case before the Magistrate stating that the case arose out of misunderstanding between the parties and at the intervention of the respectable local personalities, the dispute has been settled between them. The said opposite party No.2 has also filed another applicati..Category: Criminal Law | Date: | Hits: 43
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......under section 10(1) and her son Babul under section 10(1) read with section 14 of the Ain for commission of murder. They are mother and son. Both of them have come from humble background. There is no dispute with regard to place of occurrence. 41. The informant along with all other witnesses exce..Category: Criminal Law | Date: | Hits: 49
Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)
.... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ......j deed dated 25‑3‑1974 is found in the record of this Revision and it was used and given in evidence in OC Suit No. 18 of 1977. Mr. Mansur Habib, the learned Advocate for the petitioners, did not dispute the prosecution case to that extent but he argued that no written complaint was filed by the..Category: Criminal Law | Date: | Hits: 129
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......acre in place of 1.29 acres to the plaintiffs relying upon the defendants claim of auction sale, ext 'Ka' and the deed of gift, exhibit-'ga' executed by the plaintiffs predecessor. 7. There is no dispute that both the parties are heirs of Imam Bux and the plaintiffs are claiming title as heirs o..Category: Property Law | Date: | Hits: 127
.... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
......l Leave Petition, challenging the validity of the judgment aforesaid. In view of the fact that the appellant had entered into Civil Service of the State Government before the respondent, it is not in dispute that he is affected in the matter of seniority by the impugned judgment. It was held by this..
Category: Others | Date: | Hits: 119
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
....iod. 9. In the light of the pleadings, the trend of evidence and the judgment under appeal and, of course Mr. Hasnat's broad spectrum submissions, the, points that emerged before us, requiring our resolution, were (I) whether the plaintiff/ appellant’s claim against the defendant/respondent had......€‘ that though the bank's claim apparently eclipsed by operation of the limitation legislation, subsequent acknowledgment by the defendant/respondent of his liability, a fact that stands immuned from dispute, gave a kiss of life to an otherwise demised claim. In reply to our question. Mr. Hasnat con..Category: Banking Law | Date: | Hits: 215
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
.... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ......thers under sections 302/34 Penal Code including nonÂ-confessing accused Bashir Sarder @ Bashar. We stated earlier convict accused Abdul Majid Sarder preferred no criminal appeal. 35. There is no dispute as to the established principle that statement under section 164 Cr.P.C. can be used against..Category: Criminal Law | Date: | Hits: 42
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......No. 42 of 1960 filed a compromise petition before the High Court of erstwhile East Pakistan on the following terms and conditions: (a) That respondent Nos. 1 and 2 shall de-requisition the land in dispute viz CS Plot No. 692 and instead shall requisition 0.42 acres of land in CS Plot No. 636 belo..Category: Property Law | Date: | Hits: 95
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