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Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ......n. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ......ed 20.7.85 in Gulshan PS Case No. 78(10)84. 5. It appears that the said letter dated 22.7.85 of the Head Master goes to the following effect: "I would like to see you concerning a difference in signature on the admission form and on the progress report. Also I would like to know from your lawyer,..Category: Family Law | Date: | Hits: 191
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123.......mmad...........................Petitioner Vs. Motasim Ali Chowdhury...................... ....Opposite Party Judgment January 13, 1993. Cases Referred To- Alokeshi Banik Vs. Aftabuddin, PLD 1963 Dhaka 87; M/s. Bangladesh Rubber Industries Vs. Lutfunnessa, 1983 BLD (AD) 220; Shamsul...... insertion of 0.1125 acres in place of 0.0932 acres of land and against this application for amendment the defendant also find another written objection contending that the amendments if allowed, the nature and character of the plaint and cause of action shall be changed. 6. The learned Assistant..Category: Property Law | Date: | Hits: 79
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......tion is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......d in the FIR in brief are that at the dead of night at about 12-30 AM on 22-5-2010, while the victim Hafsa, the minor girl of the informant went out of her house with her mother to answer the call of nature, she was kidnapped by the accused-respondents, as such, a FIR was filed on 31-5-2010 with Cha..Category: Criminal Law | Date: | Hits: 89
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166.............Opposite Parties. Judgment June 20, 1989. Cases Referred to- K Kemaraja Nadar Vs. Khunju Thevar and others, AIR 1958 (SC) 687=1959 SCR 583; Murarka Radhey Shyam Ram Kumar Vs. Roop Singh Rathore, 1964‑3 SCR 573; Ch. Subbarao Vs. Member, Election Tribunal, Hyderabad (1964) 6 SCR 2......llowing words: "The above cases are sufficient to show that non‑compliance with the provisions of a statute or Constitution will not necessarily render a proceeding invalid if by considering its nature, its design and the consequences which follow from its non‑observance one is not led to the..Category: Election Law | Date: | Hits: 130
Kadu and others Vs. State, 1990, 19 CLC (HCD)
....de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......e not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ...... x bour. 11. The death of Asak Ali, in the opinion of the post mortem Doctor, was due to shock & hemorrhage as a result of the injuries mentioned above which were antemortem & homicidal in nature. He stated that stabbing wounds might be caused by dagger, knife, ballom or katra. In cross..Category: Criminal Law | Date: | Hits: 74
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ...... This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......t Division and the District Judge to transfer, withdraw suits, appeals and other proceedings at any stage on the application of the parties or suo motu. The power under Section 24 is discretionary in nature which must be exercised judiciously not capriciously or arbitrarily but for "substantial reas..Category: Civil Law | Date: | Hits: 113
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
....ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......val of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......, now from Rule 3(2) (1) of the Village Courts Rules, 1976 it appears that the application shows the particulars specified under sub‑rule (2) Clause (c) of sub‑rule (2) of Rule 3 refers to "the nature and valuation......... of the claim with particulars in brief. Again clause (f) of sub‑rule..Category: Criminal Law | Date: | Hits: 73
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......91) 123. ......plication praying for temporary injunction to restrain the plaintiffs from creating any new house on plot No. 2205, not to cut any tree from plot No. 2211 and from filling up the pond or changing the nature and character of plot No. 2206 during the pendency of the suit alleging that the plaintiffs w..Category: Procedural Law | Date: | Hits: 84
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......s Referred to- Chockia Thevar Vs. Shanmugasundaram Chetliar and another, AIR 1965 (Madras) 610; Chief Kwame Asante, Tredehene Vs. Chief Kwame Tawia, 9 DLR (PC) 686; AIR 1956 (Madras) 611; Mafizuddin Mia Vs. Muzlim Khandaker and others, 6 DLR 588; Neyaz Ahmed Khan Vs. Anwari Khatoon, 22 DLR 444, ......eached the judgment and decree of the Munsif on the ground that this being a suit for eviction of monthly tenant it should have been tried by the SCC Judge and not by the Munsif as a suit of ordinary nature while the Civil Court has not been vested with the jurisdiction for trying such suit. The lea..Category: Property Law | Date: | Hits: 66
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......ight under a contract and any industrial or commercial undertaking; Explanation.‑ "Security" includes share, scrip, stock, bond, debenture, debenture stock or other marketable security of a like nature in or of anybody corporate and any Government security." 18. The definition of abandoned p..Category: Property Law | Date: | Hits: 73
....ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
......
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
......The said Mills published a tender notice for supplying Mariti (bamboo) from the Juri Range within Putichura, Halampachora, Begunchori and Kulaura range, the said tender notice was issued under the signature of the General Manager of the said Mills (Respondent No.4).
3. The petitioner on the basis..
Category: Others | Date: | Hits: 128
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ...... Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......d further argued that in absence of registration of the award under section 17(1)(b) of the Registration Act the Court erred in law in decreeing the suit. The contention requires of us to examine the nature of the award. It is to see whether under the award the respondent acquired right, title and i..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......t the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ...... have been repetition of some submissions made by ABM Golam Majid, the learned Advocate for the appellants. The points for submission of Serajul Huq, are as follows: ‑ "1. That in a case of this nature finding of possession is a must by the court. 2. that post‑mortem report though not lega..Category: Criminal Law | Date: | Hits: 86
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......ey should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......d found under the scalp also above and below the membrane.” 10. The doctor opined that the death was due to shock and haemorrahage as a result of injuries which were ante-mortem and homicidal in nature. From the nature of the injuries it appears that the death of Md. Abu Sayeed was not a natura..Category: Criminal Law | Date: | Hits: 83
Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)
....s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......d two abrasions on the left side and right side of the abdomen. In his opinion death was due to internal haemorrhage and shock resulting from the said injuries which were ante mortem and homicidal in nature. Upon receipt of the said post‑mortem report Inquiry Officer P.W.4 AHM Shahidullah on 27.8...Category: Criminal Law | Date: | Hits: 78
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......refore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70....... of Nuruzzaman Vs. The Secretary Education Department, (1965) 17 DLR 46 it has been held by a Division Bench of Dhaka High Court that a proceeding under section 32 of the Waqf Ordinance is of a civil nature and all enquiry by it must be conducted in a manner followed in a civil court which only mean..Category: Trust/Waqf Law | Date: | Hits: 157
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323.......others ………………..Petitioners. Vs. Md. Abdul Mannan .......Opposite‑party Judgment April 30, 1992. Result: The rule is made absolute. Cases Referred to- Barhanuddin Ahmed Vs. Veda Brata Chakraborty, 16 DLR 61; Moyna Mia Vs. Haji Abdus Samad, 33 DLR 207; Saleh Ah......view firstly, as to why three decrees, namely, for specific performance, for restitution of conjugal rights and for an injunction have been grouped together in sub‑rule (1). They must be of similar nature. Nature of the first two being mandatory, the other must be of similar nature. Secondly, expr..Category: Procedural Law | Date: | Hits: 95
Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)
....tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......uitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......was recovered as pointed by accused appellants Bashir, Moshai and Hashir. P.W.9 Md. Bakth Mazumder simply stated that he saw the dead body of Amjad which was recovered from the tank and he put his signature in the seizure list. P.W.10 Kafiluddin Ahmed, Sub‑inspector of Police, stated that accused ..Category: Criminal Law | Date: | Hits: 62
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......ion 66(1) of the Income Tax Act, 1922 filed by the Commissioner of Taxes, Maka (South) Zone, Dhaka. 2. The relevant facts of the cases are that the respondent M/s. Ujala Match Factory, Dhaka filed income tax return for the assessment years 1976‑77, 1977‑78 and 1978‑79, claiming deduction of......ant before us. We are, therefore, of opinion that the learned Income Tax Appellate Tribunal was justified in allowing the claim of bonus on that ground alone. 9. It is not clear to us what was the nature of the bonus with respect to which the assessee claimed exemption from taxes. 10. Mr. CR A..Category: Fiscal/Taxation Law | Date: | Hits: 171
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......(three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......s dated 24.3.83, 30.5.81 and 18.3.83. 5. Defendant Nos.1-4 filed objection to the plaintiff’s petition seeking amendment on several grounds including that the proposed amendment would change the nature and character of the suit and that the amendment was sought for to overcome that bar of limit..Category: Civil Law | Date: | Hits: 92
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