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Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)

....R 8 Pat 496 = AIR 1929 Pat 491 and King Emperor Vs. U San Win, JLR 10 Rang 312=AIR 1932 Rang 146=33 Cri LJ 701 are some of authorities on the subject. 7. A contrary line of cases had, on the other hand, ruled that The Code drew no distinction between an appeal from an acquittal and an appeal from......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568...

Category: Family Law | Date: | Hits: 165

M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)

....barrier from granting further promotion to the appellants (Promotee Officers) and other officers of their batch and as such the writ petitioners did not come before the High Court Division with clean hand and the writ petition was filed with mala fide intention. 11. Mr. M. Aminul Islam, the learn......ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ..

Category: Employment/Service Law | Date: | Hits: 149

Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)

.... Sen............Appellant Vs. Sheikh (Md.) & others............Respondent Judgment April 20, 1995. Result: The appeal is dismissed. Cases Referred to- Firm Ishardes Devi Chand and another Vs. RB Prokash Chand and another, AIR 1969 (SC) 938; Abdul Hamid Khan and others Vs......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239...

Category: Civil Law | Date: | Hits: 130

Bazlu Talukder and 2 others Vs. State, 1995, 24 CLC (HCD)

....was wrong to pass an order of conviction on the basis of the uncorroborated evidence of these two interested witnesses. 5. Mr. Syed Matiul Islam, learned Assistant Attorney‑General, on the other hand, submits that the evidence adduced by the prosecution were sufficient to pass the impugned orde......t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ..

Category: Procedural Law | Date: | Hits: 85

Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)

....of the error in framing the charge as well as in examining the accused under section 342 the conviction should be set aside and the appellant acquitted of the charge brought against him. On the other hand, the learned Assistant Attorney‑General has referred to the decision reported in 28 DLR (AD) ......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ..

Category: Criminal Law | Date: | Hits: 95

Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)

....ted right of the importer could not be taken away as the Government was bound by its promise. The decision of the Supreme Court of Pakistan is not binding on us. It is merely persuasive. On the other hand, the decision of our Appellate Division is binding on us. But if the fact of that case is disti......refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ..

Category: Fiscal/Taxation Law | Date: | Hits: 204

Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)

....oner Vs. Saiful Islam……………………………Respondent-Opposite Party Judgment March 12, 2006. Result: The application for amendment is allowed. Case Referred to- Kishandas Vs. Vithoba, (1909) 33 Bom 644. Lawyers Involved: J. K. Paul - For the Appellant. Md......to the conditions given by interest condonation committee. It is further stated that defendant respondent took loan of Taka 25,00,000/- after executing different charge documents including promissory notes and letter of continuity on 18.07.1997; that the defendant respondent executed and registered ..

Category: Civil Law | Date: | Hits: 117

Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)

....hat the learned Court below acted beyond his jurisdiction by making the impugned order. 8. Mr. Shahidul Islam, the learned Advocate in advancing his submission for the opposite party, on the other hand, was relentless in saying that the dispute was referable by all means to an Arbitrator because ......ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ..

Category: Alternative Dispute Resolution | Date: | Hits: 218

Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)

..... Justice Sultan Hossain Khan and others…………………………Respondents Judgment March 06, 2006. Result: The rule is discharged. Cases Referred to- Abdus Shukur Vs. Rikab Chand, AIR 1958, 52 page 937; Guru Gobinda Basu Vs. Sankari Proshad Ghosal, AIR 1964 (SC) 254; Shamsu......ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ..

Category: Constitutional Law | Date: | Hits: 228

Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

....for the Corporation, but it is pertinent to mention that the petitioner was not the only Electrical Foreman of the Corporation, there are also other Electrical Foremen and very recently one Sreebash Chandra has been promoted to Electrical Foreman on 04.12.2005. 4. In the writ petition, it was fu......ed by the proper authority as required under the law and it was issued on the same day after approval from 24 tables but in fact, the letter was issued by the Chairman of the Corporation after office note approved from 08 (eight) desks of the Corporation. The impugned letter was issued by the Chairm..

Category: Employment/Service Law | Date: | Hits: 156

Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)

....l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ......us ways and take recourse to ingenious methods of presenting fraudulent and untenable litigations/ proceedings to foil judgment, order and decree of courts. Such tendency deserves to be taken serious note of and fraudulent proceedings are to be nipped in the bud at the threshold. 2. The present p..

Category: Procedural Law | Date: | Hits: 84

Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)

....ra, Nikunja Behari, Chitta Ranjan, Brajo Bashi and Labonna Bela, Motillal Somadder was the sole heir of Kali Charan Somadder, Moni Mohan Somaddar, Lai Mohan, Babilal, Makkon Lai, Fani Bhusan, Bharat Chandra, Nikunja Behari and Chitta Ranjan. He as heir got 14 annas 8 Gandas share i.e. to the extent ......racter" in section 42 of the Specific Relief Act was explained by reference to certain cases. It explained that in section 42 of the Specific Relief Act the expression "Legal character" or "status" denotes a character of status confirmed in law of an individual or a number of individuals, viewed as ..

Category: Civil Law | Date: | Hits: 130

Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)

....ent No.1 be forbidden from seeking to prevent or delay the petitioner from bringing the detenu children to the jurisdiction of the Court with a further direction that the respondent No.1 to forthwith hand over the detenu children to the physical care of the petitioner and the children shall remain i......lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460...

Category: Family Law | Date: | Hits: 166

Md. Siraj alias Md. Sirajul Islam Vs. Ananda Furniture's, 2011, 40 CLC (AD)

....f the Code and thereby the impugned judgment and order is liable to be set aside. 12. Mr. A. J. Mohammad Ali, the learned Senior Advocate entering caveat on behalf of the respondents, on the other hand, supported the impugned judgment and order of the High Court Division and further submitted tha......ot find substance in the submissions of the learned Advocate-on-record. Accordingly, the Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 167. ..

Category: Procedural Law | Date: | Hits: 133

Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)

....reemptors has observed as follows:- ''The lower Court after careful consideration and with reasons came to the finding that the petitioners had no know­ledge about the transfer in question before hand and as such the case was not barred by limitation. I concur with the observations and reason......ge 1124). In the result this rule fails and it is accordingly discharged without any order as to cost. The stay order is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ..

Category: Property Law | Date: | Hits: 113

Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)

....d Cold Storage Ltd. and others…………………Opposite-Parties (In both the cases) Judgment April 27, 1982. Result: The Rules are made absolute. Cases Referred to- Kumar Gokul Chandra Das Vs. Haji Mohammad Din, 42 C.W.N. page 97; Shyam Behari Mal Vs. Maha Prasad and others, A ......endment as was sought by the plaintiff could not be legally allowed and the learned Subordinate Judge in granting the amendment committed an error apparent on the face of the record. It is also to be noted that the facts which were sought to be added by the plaintiff by amendment was also quite vagu..

Category: Civil Law | Date: | Hits: 132

Mazharul Haque Vs. Bulk Management (Bangla­desh) Ltd. and others, 1996, 25 CLC (HCD)

.... Management Limited. The petitioner is a shareholder of Star Services Limited which is a shareholder of Bulk Management Limited. 10. The learned Counsel appearing for the petitioner, on the other hand, has submitted that the petitioner comes within the meaning of contributory as defined in the C...... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ..

Category: Company Law | Date: | Hits: 185

Manirul Huda Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Ramna, Dhaka and others, 2010, 39 CLC (HCD)

....learned counsel finally submits that in all fairness this Rule should be made absolute. 17. Mr. Mahbubey Alam, the learned Attorney General appearing on behalf of the respondent No.3, on the other hand, opposes the Rule by filing affidavit-in-opposition and firstly, submits that the writ petition...... if read within the meaning of section 2 clause 47 read with section 185(2)(k) makes it abundantly clear that the word "prescribed' as discussed above cannot be brought into sub-section 82BB(3) to connote that for the purpose of sending the return for audit, the Board without making any Rule cannot ..

Category: Fiscal/Taxation Law | Date: | Hits: 227

AKM Mozammel Huq Vs. Chancellor of the National University, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....Gobinda Chandra Tagore J. - I agree This Case is also Reported in: ......her strenuously that the revelation of free for all and wholesale fraud, the National University took recourse to under it’s the then and highly controversial vice-chancellor, prof. Aftab Ahmed, connotes that the judgment and he order this Division passed in writ petition 5125 of 2004, now deserve..

Category: Administrative Law | Date: | Hits: 371

Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)

....fiqul Islam dealt fist blows while accused Rashid dealt a knife blow. Siraj raised alarm and witnesses saw the occurrence and Siraj was taken out of the water. He became unconscious and was taken to Chandina Hospital for treatment wherein doctor declared him dead. On receiving the information police......tion of the injury is upward, backward and medially. 2) One abrasion size about 1 "x 1" in the chain. In the opinion of the doctor death was due to shock and hemorrhage resulting from the above noted injuries which were antemortem and homicidal in nature. These are the evidences adduced by the..

Category: Criminal Law | Date: | Hits: 117