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State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....The motive, as alleged by the prosecution, is that Lokman Miah planned and made a false show of commission of dacoity in the bank and if such attempted dacoity could be resist then he would be paid a handsome reward and this Persuaded accused Lokman Miah to make a show of the attempted dacoity in th......§‡à¦° কাটা। সামানà§à¦¯ ছিটা ফোটা রকà§à¦¤à§‡à¦° দাগ আছে।†15. P.W.9 Ataur Rahman, Magistrate stated do as he was on leave Iqbal Ahmed took over the charge and got the statements of Jahangir, Lokman Miah, Nur Alam, Alekchand, Aminuddin, Abd......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ..Category: Criminal Law | Date: | Hits: 73
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....s discharged. The pre-emption is allowed. Cases Referred to- Sree Radha Raman Karmaker Vs. Hari Mohan and others heard along with Sufi Golam Mohiuddin Vs. Hafizur Rahman, 36 DLR (AD) 1; Balai Chand Mondal Vs. Nivaran Chandra Das, 51 CWN 644; Province of East Pak Vs. Md. Hossain, 16 DLR (SC) 6......result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137...Category: Property Law | Date: | Hits: 89
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
.... of voting, which also does not appear to be that open ballot as it would be in case of division of voters and counting each voter physically on one side and the other on the other side or by show of hands to be counted by a third person namely by the Speaker in presence and at the showing of everyb......licy as envisaged in the preamble of the Constitution of Bangladesh and it also come into conflict with Article 11 of the Constitution preventing the effective participation in the administration of Government by the people through their elected representative. It also offends against Article 7 of t......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....d (5) the plaintiff requires the suit holding for his own necessity and upon such findings, the learned Small Cause Court Judge decreed the suit with costs, and directed the defendant‑petitioner to hand over vacant possession of the holding to plaintiff within 60 days by his judgment and decree da......ver got the suit property by way of exchange and that the papers including the power of attorney in respect of the alleged exchange are forged; that the plaintiff has got no right, title and interest over the suit property and he has no bonafide requirement as alleged. Hence the suit is liable to be......ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ..Category: Civil Law | Date: | Hits: 140
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
.... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582.......ommercial Bank Ltd., a banking company, incorporated as a public limited company under the Companies Act, 1913 and the petitioner No.2 is the Managing Director of the said bank. The Chairman presides over all meetings of the Board of the Directors and performs all functions as envisaged under Articl...... Dhaka. In the said memo it was indicated that the President/General Secretary of the United Commercial Bank Karmachari Union having Registration No.B‑1865 have brought some allegations against the management of the Bank by a complaint dated 26.11.88 alleging that the management of the Bank had ta..Category: Labour and Industrial Law | Date: | Hits: 176
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....or by fraud. Equity afÂfords relief in either case. If the instrument be cancelled as a whole, both the parties suffer because the real agreement by such cancellation falls through. If, on the other hand, the instrument be stayed right the genuine contract becomes capable of enforcement and neither......ite-party and husband of petitioner No.1 went to Gurudaspur Sub-Registrar's Office on 30.12.75 and plainÂtiff opposite party executed and registered deed of Hiba-bil-Ewaj. The said deed was not read over and its contents were not explained to the Opposite ParÂty. Subsequently it was disclosed to h......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519...Category: Property Law | Date: | Hits: 134
Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)
.... taxes. Nowhere it was found that this petitioner was doing any business in Bangladesh. 5. Md. Aftabuddin, the learned Advocate appearing on behalf of the opposite party No.1 Revenue, on the other hand, submits that this petitioner filed returns showing no income. Through as a matter of fact they...... work permit was renewed from time to time. It is also the case of the petitioner that subsequent to setting up of the liaison office of the petitioner in Dhaka, Bangladesh, a convention between the Government of the People’s Republic of Bangladesh and the People’s Republic of Korea was prepared......n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333...Category: Fiscal/Taxation Law | Date: | Hits: 254
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....mitation and that the plaintiffs failed to prove the genuineness of the Ekrarnama. 8. Mr. Mihir Kanti Majumder, learned Advocate appearing on behalf of the plaintiff opposite parties, on the other hand, submits that the genuineness of the deed of being established by evidence, there is no error i......e dated 5-8-90 passed by Additional Assistant Judge, Court No.1, Jessore Sadar, in Title Suit No.51 of 1980. The opposite parties as plaintiffs filed the suit for specific performance of contract covering the properties of schedule ‘Ka’ and ‘Kha’ measuring 2.13 acres of lands and for conf......e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ..Category: Procedural Law | Date: | Hits: 129
Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)
....ivision (Barisal Bench) (Civil Revisional Jurisdiction) Present: Muhammad Ismailuddin Sarker J Assistant Custodian, Vested Property..........................Petitioner Vs. Jugal Chandra Shaha & others............................Opposite Parties Judgment November 30, 19......First Court, Patuakhali for disposal of the Miscellaneous Case in acÂcordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......First Court, Patuakhali for disposal of the Miscellaneous Case in acÂcordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473...Category: Limitation Law | Date: | Hits: 275
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....sale amounts to a fraud and in such a case the judgment-debtor is entitled to claim the benefit of Section 18 of the Limitation Act. 12. The learned Advocate for the opposite parÂty on the other hand submits with reference to two cases reported in 6 DLR 434 and 9 DLR 394 that admission of appea......rom defect of party as all the heirs of deceased Luthfur Rahman were not made a party that the applicant did not deposit under sub-clause (3)(b) of Section 174 of the Bengal Tenancy Act the amount recoverable from the judgment-debtor and that the petitioner failed to prove fraud practiced by the dec......rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463...Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
..... (1900) 2 QB 530; Serajul Islam Chowdhury Vs. Md. Jainal Abedin, 49 DLR (AD) 164; Government of the People’s Republic of Bangladesh Vs. Hosne Ara Begum, 49 DLR (AD) 127; Smt. Kamla Devi Vs. Kishanchand, AIR 1970 MP 168; Pushpabai Parshottam Udeshi Vs. Rajnit Ginning and Pressing Co. Pvt. Ltd., AI......titutional guaranteed right of basic requirements for living. Death is inevitable but premature death in whatever form is not expected and cannot be consoled. Accidental death also a premature death Government is answerable to all such premature death as Government is to protect the citizen and is r......ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
.... total, Taka 6,00,000 to defendant No.1 to be repaid in 25 years with monthly installment of Taka 5,571,65 for constructing a house. Defendant No.1 mortgaged the suit property with this defendant and handover original deed No.5060 and 6075 dated 6-10-79 with some other papers to this defendant. Defe......al, Taka 6,00,000 to defendant No.1 to be repaid in 25 years with monthly installment of Taka 5,571,65 for constructing a house. Defendant No.1 mortgaged the suit property with this defendant and handover original deed No.5060 and 6075 dated 6-10-79 with some other papers to this defendant. Defendan......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ..Category: Civil Law | Date: | Hits: 156
....as per section 67 and as such on two different counts the petitioner is entitled to get back the refund of the claim.
9. Mr. SM. Moniruzzaman, the learned Assistant Attorney-General, on the other hand, by filing affidavit in opposition opposes the Rule. His submission is plain and simple. He den.......5% through Treasury Challan (Annexure-A).
3. Thereafter the petitioner imported sugar through different Letter of Credit and distributed the same to the affiliated dealers of the petitioner at a government fixed rate. The Respondents No.2 on 7-7-2002 issued a demand with a show cause under secti......und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 471...
Category: Fiscal/Taxation Law | Date: | Hits: 323
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......07 that sand was extracting by cutting the banks of the river and the river became wider approaching the nearby villages. 26. It appears from the Annnexure-G-7 that on 9-8-2006, a meeting presided over by the Upazila Nirbani Officer, Tahirpur, Sunamganj was held for prevention of illegal extracti......ram; Gorkati under the mouza of Purbodoil and Pathanpara and Ghagra under the mouza of Ghagra in Tahirpur lupazila (hereafter referred to as the said villages) have. Therefore, always demanded proper management and maintenance of the River and its navigability that play an important role both in the..Category: Environmental Law | Date: | Hits: 1019
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
....been granted bail by this Court and as such this petitioner should also be granted bail having stood on similar footing. 9. Mr. Kaiseruddin Ahmed, the learned Deputy Attorney-General, on the other hand, submits that though the petitioner's name did not find place in the F.I.R. yet her involvement......l be free to cancel the bail of the petitioner in case of any violaÂtion of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......l be free to cancel the bail of the petitioner in case of any violaÂtion of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ..Category: Criminal Law | Date: | Hits: 105
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
.... order is against the patent provision of law and the decisions of the superior Courts. 8. Mr. S.H. Md. Nurul Huda Jaigirdar, the learned advocate for opposite party Nos.15, 6 and 7, on the other hand, supported the order of the learned Munsif and submitted that the order passed by the learned M...... Office under Biswanath Upazila. The petitioners as plaintiffs filed Title Suit No.196 of 1985 in the First Court of Munsif, Sadar Sylhet, against the defendant opposite party Nos.1-4, the concerned government officers, for declaration that the order of shifting of the AlanÂkari Post Office from th......and as such it calls for interference. The imÂpugned order be set aside and the Rule be made absoÂlute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 193
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....e Indian Supreme Court and reported in AIR-1980 at page 840 is applicable in the facts and circumstances of this case. 13. Mr. Abdul Malek, the learned Advocate for the opposite party on the other hand, submits that the decision of the Indian Supreme Court is not apÂplicable to the present case ......r the Madhya Pradesh State Warehousing Corporation Act (28 of 1956), which was subsequently replaced by the Madhya Pradesh Act 58 of 1962. It is a statutory body wholly controlled and managed by the Government. Its status is analogous to that of the Corporations which were under consideration in Suk......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also disÂcharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....ury, Nizamuddin Bepari (on showing Saidur Rahman Chowdhury @ Bachchu Chowdhury, Atiar Rahman Chowdhury and NizaÂmuddin Bepari as absconders), citing as many as 37 witnesses including the doctor, the hand-writing exÂpert and the concerned police officers. After followÂing the legal provisions rega......3(II) 86. A Suo-Motu Rule being No.47/89 was also issued on 13.2.89 calling upon the Deputy Commissioner, Dhaka, the Chief Metropolitan Magistrate, Dhaka and the Secretary, Ministry of Home Affairs, Government of BanÂgladesh and accused Shah Alam Chowdhury, Moniruzzaman, Shahnawaz, Jamal Uddin, Sel......e Suo Motu Rule No. 47/89 is also disÂcharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....ther Jan Mohammad and Jahur Ali called Jalil's elder brother Saburuddin from village Kalamati to village Bhothat at about 12' o clock and asked him to realize that amount of Taka 55/- from Jalil and hand over the same to Muslim and over that matter there was some conversation between parties and at......i enclave crossing the Bangladesh Border. On return home Muslim Uddin reported this matter to his faÂther, Danesh and Jalil's uncle Pashan Ali and Sheer Mahmud and others. He further requested to recover that money from Abdul Jalil. Accordingly Jalil's unÂcle Pashan Ali and Sheer Mahmud and Muslim......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ..Category: Criminal Law | Date: | Hits: 107
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
....l No. 779 of 2003. Judgment Syed Abu Kowser Md. Dabirush Shan J.- This jail appeal is directed against the impugned judgment and order dated 27‑8‑2003 passed by the learned Sessions Judge, Chandpur, in Sessions Case No.64 of 2001, convicting the accused appellant under sections 302 and 201...... 5‑5‑2000 at about 12‑30 AM at village Uttar Ganda Mara. On the basis of this information the Officer-in-Charge of the Haimchar Police Station started UD Case No.6 dated 6‑5‑2000 and handed over the case for investigation to Md. Ainul Hoque ASI. 3. Thereafter, ASI Md. Ainul Hoque along ......dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ..Category: Procedural Law | Date: | Hits: 118
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