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Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ......is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ......established friendship (সই) with Sanwara Begum (P.W. 2), the victim daughter of P.W.1. She came to the house of the informant at 4 -00 PM on 1-11-89 and took Sanwara Begum to her residence at village Bamanpara, that after night meal Hena and Sanwara slept on the floor of the room where the accus..Category: Criminal Law | Date: | Hits: 32
Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)
....the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306.......the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306.......d (SIBL) and others……………………………Respondents Judgment December 11, 2001. Cases Referred To- British India Corporation vs. Robert Menzies, Company Cases 1936 Vol. VI page 250; the General Insurance Limited, AIR 1956 Vol. 43 page 61; SCMR 62; AIR 1973 (SC) 2389; AIR 1..Category: Company Law | Date: | Hits: 208
Mohammad Ali Vs. State, 2000, 29 CLC (HCD)
.... down the LC record along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 245. ......gainst his client about his alleged taking part in the occurrence. He incidentally submits that those two co-accused only mentioned the name of one Mohammad without mentioning the father’s name and full address of said Mohammad nor they ever stated about the overt act of the accused-appellant in t......ix months more and acquitting one co-accused from the charge levelled against him. 2. Prosecution case, in brief, is that a dacoity was committed in the house of P.W.1 Hamidul Hassan Pathan at village Rani Villa, police station Dhunat, in the night following 25-4-90 at about 1-00 AM. The further ..Category: Criminal Law | Date: | Hits: 89
...., exclaimed, “In theory the British Parliament can make all men women and all women men.” In so saying he renounced De Holmes’ remark that “Parliament can do anything except make a man into a woman and a woman into a man”, expressing further that like many of the remarks De Holmes made, it......f the Penal Code.
11. The petitioner was arrested on 11th April 1985 and was produced before a Magistrate on the same day. It appears from the Magistrate’s order sheet that the petitioner successfully applied for bail in the Court of the Session’s Judge, Chittagong, and the petitioner won his......se was initially registered as Kotwali PS UD Case number 17 of 1984. The autopsy report compiled by the doctors at the General hospital in Chittagong, revealed that the death was occasioned by hemorrhage in the brain surface, which resulted from attack by moderately heavy blunt weapon and the death ..
Category: Constitutional Law | Date: | Hits: 482
....and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
......chment of the assessee because in case of indirect taxation the ultimate burden is borne by the customers instead of by the assessee. Their Lordships in the above mentioned case held:
“We are in full agreement with the High Court that to allow the department to retain the excess amount would be......and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223....... case records were produced before the learned trial Court by a special messenger and since then the said records are lying with the case records of the present pre-emption case. The parties thus had full view and complete knowledge of the case records of Mutation Case No.68 of 1990-91 and they led ......that the pre-emptees were in any way prejudiced due to the technical fault of not marking the records of the mutation case as exhibit in the present case. Since the contending parties took full advantage of the case records of the mutation proceedings in question and since the pre-emptees did not ra..Category: Property Law | Date: | Hits: 31
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ...... to the holding and he has not suffered any loss for the ex parte order allowing preemption. On 6-6-98 the preemptors got delivery of possession through Court. They also claim that the application is full of false assertions. 5. Only issue framed on the above cases of the parties is whether the p......de being Miscellaneous Case No.21 of 1998 for setting aside the ex parte order on the ground of non-service of summons. Her case, in short, is that her husband is staying abroad since before her marriage for more than 15 years. The preemptors obtained ex parte order of preemption by suppressing summ..Category: Limitation Law | Date: | Hits: 175
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ......case are that, the petitioners as plaintiffs instituted a suit for partition of the suit property with a prayer for buying up the share of the stranger purchaser who had purchased the same from their full brothers Chiranjib Sen, before the 1st Court of Subordinate Judge, Chittagong being Partition S......, the plaintiffs, did not inherit anything in it and consequently the suit is liable to be dismissed. 4. On the above-noted pleadings of the parties the suit proceeded and ultimately reached the stage of peremptory hearing when both the parties adduced evidence in support of their respective case..Category: Property Law | Date: | Hits: 42
.... at liberty at once, if not required in any other case.
Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 266.......y. The order of detention was, thereafter, extended for a further period of three (3) months by detaining authority i.e. the Government of the People’s Republic of Bangladesh.
3. The petitioner, full brother of the Detenu, invoking this Court’s power under section 491 of The Code of Criminal ......lic safety or the maintenance of public order;
(iv) to create or excite feelings of enmity or hatred between different communities, classes or sections of people;
(v) to interfere with or encourage or incite interference with the administration of law or the maintenance of law and order,
(v..
Category: Criminal Law | Date: | Hits: 39
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......ove his handwriting and, as such, the contents of the first information report is not admissible in evidence. The learned Counsel strenuously argued that the evidence of the prosecution witnesses are full of contradictions, benefit of which should go to the credit of the appellants and they should b......suffer imprisonment for life and to pay fine of Taka 5,000 each in default to suffer rigorous imprisonment for 2(two) years more. 2. The prosecution case, in short, is that one Nur Mohammad of village Rampur was a dacoit, who was killed by the local people. One murder case was started at the inst..Category: Criminal Law | Date: | Hits: 42
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......te further submits that the learned District Judge was manifestly wrong in practically re-hearing the appeal in the garb of review and set aside his own clear findings, arrived at in the appeal after full-dressed hearing of the contending parties on illegal and irrelevant. The learned Advocate furth...... by practising fraud upon the Court and, as such, the same is liable to be set aside. It has been contended that for the first time on 19-6-87 they came to learn that defendant Nos.1-3 of the suit managed to obtain the ex parte decree dated 6-7-78 in Title Suit No.116 of 1977 fraudulently and collus..Category: Procedural Law | Date: | Hits: 81
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......the Land Appeal Board Act, 1989 (Act No. XXIV of 1989) that the petitioner could have applied for the Review of the order of the Member of the Land Appeal Board by way of preferring Review before the full Board of the Land Appeal Board consisting of the Chairman and the two Members of the Land Appea......t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201...Category: Property Law | Date: | Hits: 33
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
.... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ......ar that he is not an innocent public servant, rather it appears that with deliberate intention to nullify the Trade Mark Application No. 1 of 2001 he has passed the said order dated 16-9-2001 knowing full well that the application is pending before this Court. It must be mentioned that when the matt......ey are entrusted with the duty to adjudicate upon a legal right between the parties but unfortunately, in the instant case the contemner sailed in the same boat with the said company and taking advantage of the expiry of the stay the contemner passed the order date 16-9-2001 whereby he allowed the r..Category: Intellectual Property Law | Date: | Hits: 181
Pubali Bank Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others, 2000, 29 CLC (HCD)
....to repay the decretal dues by operating the cold storage and that opposite parties admittedly have no other properties and that the opposite party Nos. 4 and 5 are minors and opposite party No.2 is a woman and so it will also not be proper to put them in civil imprisonment for realisation of the due......ed and the learned Subordinate Judge is directed to dispose of the aforesaid money execution cases in terms of the observation as made above. Ed. This Case is also Reported in: 54 DLR (2002) 217.......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Tafazzul Islam J Sikder Maqbul Huq J Pubali Bank……….. Petitioner Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others……..Opposite Parties Judgment August 3, 2000. Law..Category: Civil Law | Date: | Hits: 82
Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)
....er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ......er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ......Penal Code and sentenced him thereunder to suffer rigorous imprisonment for two years. 2. The prosecution case, in short, is that, deceased Joynab Banu daughter of P.W.5 Shajiran was given in marriage to appellant No.1 Joynal Bhuiyan 12 years before the date of occurrence and they had a daughter ..Category: Criminal Law | Date: | Hits: 28
State Vs. Moslem, 2002, 31 CLC (HCD)
....is delay in lodging First Information Report gives a doubt as to the truthfulness of prosecution case. This contention is absolutely devoid of any substance. 43. Informant PW 1 is a simple village woman and a rustic and her husband PW 2 is, also, an illiterate rickshaw puller. They were all time ...... after recovery. This witness denied that her husband, PW 2 had sex affairs with the wife of accused Moslem. 14. PW 2 A Salam is the father of victim Salma and husband of informant PW 1 Sahena. He fully corroborated the statements of PW 1 and stated that accused Moslem murdered his deaf and dumb ......or the last three days. Informant PW 1 and her husband, PW 2 gave him shelter. Condemned Prisoner Moslem was driving rickshaw of PW 2. Informant PW 1 and PW 2 had a deaf and dumb daughter named Salma aged about 7 years. Condemned Prisoner felt deep attachment of Salma, the whole Purpose being to sat..Category: Criminal Law | Date: | Hits: 82
....
The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 168.......ule 10 of the said Rules, 1975 creates a vested right to a Nikah Registrar in respect of the areas to which a licence was granted to him before the amendment of Rule 10 on 19-1-93, the Govt. reserves full power and authority by virtue of the 2nd proviso of section 4 of the Act, 1974 to ‘extend, cu......nj and No.6 Paschim Gao Unions under Laksham Thana, District Comilla vide Annexure ‘C’ and he became a permanent Nikah Registrar by operation of law as per provision of Rule 5A of the Muslim Marriages and Divorces (Registration) Rules, 1975 as amended up to date. That the petitioner while was di..
Category: Employment/Service Law | Date: | Hits: 76
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......ng to know of the wrong entries in the SA and RS khatian filed the suit. 3. Defendant Nos. 1-9 contested the suit by filing written statement contending, inter alia, that Firoz and Abu Sufian were full brothers and they used to live jointly. Firoz used to look after the financial transaction of t......ut his signature on the hukumnama as a witness. It is stated in the plaint that Abu Sufian was a clever and never owner and possessor of the suit land and he in collusion with the settlement clerk managed to record his name in SA Khatian as owner of the suit land. The last RS record has been publish..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202.......s the description of company as incorporated in section 2(5A) of the Act. The learned Deputy Attorney-General further submits that if the provisions of President’s Order 27 of 1972 are examined carefully it is found that the corporations established under the provision of President’s Order of 19......uthority” shall mean and include a Paurashava, Zilla Board, Union Panchayet, Board of Trustees of a port or other authority legally entitled to or entrusted by the Government with the control or management of a Municipal or local fund, or any corporation or other body or authority constituted or e..Category: Fiscal/Taxation Law | Date: | Hits: 94
Md. Talebuddin (Taleb) Vs. State, 2009, 38 CLC (AD)
.... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ......ppears the High Court Division accepted death reference and dismissed criminal appeals holding that the evidence on record show that the prosecution case as made out by the informant, P.W.1, has been fully corroborated by P.W.2 who is the main witness in the case and her evidence cannot be discarded...... cry many persons including the witnesses came to the place of occurrence and saw the dead body of the victim and also heard of the occurrence from him as well as from Minara and the victim was a village Matabbar and the petitioner and other accuseds were associated with antisocial activities which ..Category: Criminal Law | Date: | Hits: 33
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