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Abul Kashem & anoth­er Vs. State, 1990, 19 CLC (HCD)

....er accused Abbas murdered Khalil by giving sev­eral dao blows and as such the said confessional statement of Abul Kashem being exculpatory in nature cannot be relied upon and should be rejected as a whole. On perusal of this confessional statement of Abul Kashem we find that he admitted to have hir......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......ul Hamid stated that the dead body was found at the place of occurrence. P.W.20 Seker Ali stated that he knew accused Abbas and Kashem. On 3rd Baisakh, 1393 BS in the evening deceased Khalil demanded money from him and told him that the accused hired van and were taking him to Jessore to bring green..

Category: Criminal Law | Date: | Hits: 147

Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

...., we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483.......one creditor did not respond to the notice. In the course of hearing the DCT examined the aforesaid 6 creditors in support of the claim of the assessee and by the impugned Order treated the aforesaid amount of Taka 12,50,000 as undisclosed income of the assessee-applicant as the assessee-applicant h......een held that, "We find that by a series of decisions of different High Courts as well as of the Supreme Court, it has been consistently laid down that when an assessee claims that he has borrowed money from a third party the initial onus ties on the assessee to establish (a) the existence of the..

Category: Fiscal/Taxation Law | Date: | Hits: 200

Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)

....ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......Punjab Province and others, reported in AIR 19SB (Punjab) 351. In that case their Lordships have held as under: "In the absence of a clear statement of facts of which these pleas could be based no amount of evidence can be taken into consideration or regarded as sufficient in proof of any fact, i......ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ..

Category: Property Law | Date: | Hits: 126

Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)

....ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ......ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ......made with the local Police Station telling about kidnapping of his son. On 9.6.94 repeated phone calls were made to the informant, demanding Taka 5 (five) lac as ransom, to free the victim and if the money was not paid the accused threatened that the victim would be killed. On 12.6.94 at night said ..

Category: Criminal Law | Date: | Hits: 133

Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)

....he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......ssional statement Ahsan Ali never ever said that he and or the other accused-persons had in any way committed the murder or that they made the conspiracy to commit the said murder. 33. In order to amount to confession there should be a direct acknowledgment of guilt of the offence and such as wou......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397...

Category: Criminal Law | Date: | Hits: 132

Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)

....f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......rding to her own statement, she is a lady not living in seclusion, that is the zena­na, and having no communication with any male stranger except from behind the screen. She is a lady with a certain amount of worldly knowledge, she manages her own affairs according to her own under­standing and ev......7 for the sale of the suit land for a total consideration of Tk. 7000/- out of which the plaintiff-petitioner paid Tk. 6500/-on execution of the bainapatra, promising to pay the balance consideration money of Tk. 500/- to the de­fendants within two years after which the defendants promised to execu..

Category: Property Law | Date: | Hits: 133

Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)

.... to whether they are mutually exclusive or not must be determined applying the general rule that words should be construed to ascertain the intention of provision in question to be collected from the whole of the term. "It was further observed in that case that in order to ascertain the meaning of a......hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340.......the word "or" separ­ately. 12. Mr. Karim cited the case of Zamiruddin Vs. Havas Khan reported in 21 DLR (SC) 39 in which the Pakistan Supreme Court in interpreting the words "suit for recovery of money due on con­tracts, receipts or other documents" occurring in sec­tion B of Part I of the sch..

Category: Labour and Industrial Law | Date: | Hits: 193

Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)

.... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335....... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......ase No.92 of 1963-64 for WAPDA Project. The plain­tiffs learnt on 27.11.64 that the defendants have sur­reptitiously got the award prepared in their names and are trying to get all the compensation money for the acquired plots of land fraudulently suppressing the fact that the plaintiffs are also ..

Category: Property Law | Date: | Hits: 135

Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)

....whether the supplier of the bunkers had a right of action in rem against the ship and for that matter also against the owner of the ship in personam or against the time charterer. It appears that the whole issue is wound around the rights and obligations spelt out in the charter party agreement itse......iddique, with Al‑Amin Sarkar, Advocates—For the Defendants. Admiralty Suit No.5 of 1997. Judgment ABM Khairul Haque J.-This Admiralty Suit has been instituted praying for a decree for an amount of US $ 84,131.63 equivalent to Taka 35,33,519.64, against the principal defendants on accoun......intiff chartered the ship 'Silia’ under a time charter from its owner Birkdale Shipping Co. Ltd. (Birkdale) but subsequently, a dispute arose between them and an arbitration award for a huge sum of money was given in favour of Pumice. In the meantime, in another action for supplying stores to the ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 394

Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)

....he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......ed before us a decree passed in title suit No.75 of 1967 and placing reliance on the judgment of the civil Court at pages 85 to 91 of the affidavit submits that the question of receiving compensation money has been settled by the decree of the Court against the present petitioner. On reference to th..

Category: Property Law | Date: | Hits: 248

Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)

....court sitting under section 115 of the Code of Civil Procedure is to see whether there is any failure of justice and not only illegality. 14. It is very apparent on the face of the record that the whole dispute is encircling the genuineness of the thumb impression of the defendant No.3 of the dee......or at any time afterwards, the Court may in its discretion issue a warrant either with or without bail, for the arrest of such person and may make an order for the attachment of his property for such amount as it thinks fit, not exceeding the amount of the costs of attachment and of any fine which m......essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454...

Category: Procedural Law | Date: | Hits: 137

Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)

....nal court of fact has found that the plaintiff although admitted that she went to transfer 0.09 acres land in favour of the defendant, the defendants have taken away the entire suit land which is the whole property of the plaintiff including her homestead and that the donor had no intention at all, ......onee, and (2) an intention on the part of the donor to divest himself in praesenti of the property and to confer it upon the donee (z). The adequacy of consideration is not material; but whatever its amount, it must be actually and bona fide paid (a) Such a transaction is called the heba-bil-iaz of ......as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451...

Category: Property Law | Date: | Hits: 103

Muslim Ali (Md.) Vs. Dhaka Bar Association and others, 1998, 27 CLC (HCD)

....n as quickly as possible. For the aforesaid reasons and with the aforesaid observation I reject this petition in limine. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 446. ......n as quickly as possible. For the aforesaid reasons and with the aforesaid observation I reject this petition in limine. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 446. ......n his case. Matter did not rest there; he went before the Bar Council to vindicate his right. The Bar Council directed him first that he should be a member of the Dhaka Bar Association and to deposit money which is necessary for giving certificate of enrollment as an Advocate. He states that the Bar..

Category: Others | Date: | Hits: 143

Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)

....the Mohammedan Law. The opposite party having failed to prove the marriage by competent witnesses including her father, brother, witnesses of the marriage and the person solemnizing the marriage, the whole story of marriage with the petitioner as built up by the opposite party falls to the ground. T......re that the opposite party as plaintiff instituted the above mentioned family suit in the Court of Senior Assistant Judge and Family Court, Mohanganj, Netrakona against the defendant for prompt dower amounting to Taka 25,000.00 and her maintenance at the rate of Taka 500.00 per month on the assertio......5,000.00 and her maintenance at the rate of Taka 500.00 per month on the assertions that she was married with the defendant 5 years ago in accordance with the Muslim Sharia Law upon fixation of dower money at Taka 50,000 out of which Taka 10,000.00 was deducted and adjusted as the value of Ornaments..

Category: Family Law | Date: | Hits: 230

Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)

.... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452.......requested the BRTC to accommodate a sister concern of the said Company, M/s Nowapara Jute Mills Ltd, in the aforesaid portion of the premises; that the said Company had neglected to pay the aforesaid amount which was the legal dues to the BRTC for which the BRTC served a legal notice calling upon th...... and the purchaser Uttara Jute Fibres to deliver possession of all movable and immovable properties of Ashraf Jute Mills to the Official Liquidator, with a further direction to BSRS to refund the bid money to the purchaser, on the finding, inter alia, that the provisions of section 171 read with sec..

Category: Company Law | Date: | Hits: 317

Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)

....r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......e, and the Civil Surgeon or other medical officer who made the report is dead or is incapable of giving evidence or is beyond the limits of Bangladesh and his attendance cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unrea......r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431...

Category: Criminal Law | Date: | Hits: 86

Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)

....he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......orders for discovery and particulars as it may do in a suit: Provided that no application challenging the award shall be entertained by the Court unless the applicant has deposited in Court the amount which is required to pay under the award or has furnished security to the satisfaction of the......he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428...

Category: Alternative Dispute Resolution | Date: | Hits: 362

Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)

....ngs and not to administrative proceeding but that hereby was scotched." Wade in his Administrative Law (1977) P.429 states: "The principles of natural justice are applicable to almost the whole range of administrative powers." In Breen Vs. Amalgamated Engineering Union (1971)1 AER ......d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420.......the tender." The term 11 is: "Non‑fullfilment of obligations envisaged in clauses (6), (7) and, (9) shall lead to cancellation of the offer automatically without notice and the earnest money of Tk. 5,000.00 shall be forfeited to the Government" The last term 12 is: ‘‘T..

Category: Property Law | Date: | Hits: 133

Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)

.....73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414.......e appellant Abdul Baten is entitled to have his alienated land in question restored as per provisions of the said Ordinance. There is, however, no direction in the order as to the re‑payment of the amount of the consideration money as provided in section 4(2)(b) thereof. It is against this appella......ntitled to have his alienated land in question restored as per provisions of the said Ordinance. There is, however, no direction in the order as to the re‑payment of the amount of the consideration money as provided in section 4(2)(b) thereof. It is against this appellate judgment and order that R..

Category: Property Law | Date: | Hits: 110

Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)

.... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543....... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543.......im submits that the plaint of the suit (Annexure D to the writ petition) clearly shows that on 10.1.88 the respondent No.1 was a defaulter-loanee. For realisation of the loan in default the aforesaid money suit was filed against the respondent No.1. He has referred to Annexure B to the affidavit-in-..

Category: Election Law | Date: | Hits: 216