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Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......isbelieved the medical certificate as the plaintiff was found present before the Additional Deputy Commissioner (Rev), Comilla on 9.7.84. He further submits that findings of the District Judge-was in full conformity with, the provision of rule 1 of Order 47 of the Code of Civil Procedure. The Distri......efendant entered appearance and filed written statement of 30.7.84 denying the allegations made in the plaint. 3. It is also the case of the petitioners that plaintiff Gopal Chandra Bhowmick was aged 75 years. He was old and infirm and was suffering from chronic Asthma and as such he filed a pe..Category: Procedural Law | Date: | Hits: 95
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
....de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......umar Sulradhar alias Dhan, 20 DLR (Dhaka) 526, that no hard and fast rule can be laid down as to the time given to the accused for reflection before confession. 18. Besides, in the present case full three hours time was taken in both reflection and recording of confession which in our opinion ......mant P.W. 1 did not disclose the recognition of appellant Rattan Kha to the inmates1 of the house, namely, P.Ws.2-5, the story of recognition of Rattan Kha by P.W. 1 should be disbelieved. P.W, 2 was aged 18 and P.W. 3 was aged 14 at the time of trial. P.W. 4 and P.W. 5 were victims of separate and ..Category: Criminal Law | Date: | Hits: 49
Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)
....e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ...... solitary evidence if the veracity of the witness is not tainted with suspicion. 17. Fourthly he submitted that non-examination of Delwar Bepari and Abdul Karim and sons, daughters, wife and the full brothers of the deceased cast a serious doubt on the prosecution case and for non-examination o......ding injury and it was found that his brain was almost oozing out from the head. It was further stated that, witnesses Ruhul Amin and Maifuddin jamadder and others nursed Shafizuddin jamadder and bandaged the injured persons; that later on the injured persons were taken to Bhandaria for treatment ..Category: Criminal Law | Date: | Hits: 93
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ......operty, namely, plot No. 1489 of mouza Chandra comprising an area of 1.04 acre and plot No. 1082 of mouza Shinghajani measuring 10 acre, the appellant being the engaged lawyer of the bank and knowing full well that the above-mentioned property was the subject matter of the aforesaid execution case, ......eme Court High Court Division (Civil Appellate Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Harun-or-Rashid Talukder...................Appellant Vs. District Manager, Pubali Bank, Jamalpur..............Respondent Judgment March 30, 1988. Lawyers Invol..Category: Others | Date: | Hits: 72
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....ke out any case for reception of additional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165.......because it has jurisdiction, in terms of Article 103(1) "to hear and determine appeals from judgments, decrees, orders or sentences of the High Court Division." 16. The Appellate Division has also full and complete powers to receive additional evidence in the appeal, if necessary, because Article......lete justice, if necessary, even by admitting additional evidence, for, there is no restriction on the powers of this Court to admit such evidence for the non-production of which at the initial stage sufficient ground has been made out. But even so this Court does not, as a rule, undertake an en..Category: Property Law | Date: | Hits: 29
Belal Ahmed Vs. State, 1987, 16 CLC (HCD)
....liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ......liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ......tention is proved, he cannot be made liable under the aforesaid section. The facts of the present case also disclose that Obud, Belal and victim girl Parvin read in Class X, all of them are of same age. 12. To accompany Obud, to the house of victim Parvin, may not be an offence in the ordinary ..Category: Criminal Law | Date: | Hits: 38
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......t length. We shall first consider the cases as cited by them. 16. Muhammad Muzaffar Khan Vs. Muhammad Yusuf Khan, 11 DLR (SC) 76 arose out of two suits for preemption. Khatian No. 324 of a village in the District of DI Khan, comprising of 54 Khasras and measuring 2664 kanals 1 marla in area w..Category: Property Law | Date: | Hits: 39
Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
....ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ......ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ......ejudice of the petitioner. 9. In another unreported decision of the Court Division in which a bunch of cases have been decided their Lordships have held as under: “We are of the view that the age old methods determining the normal price various adjectives i.e. indicative value, enhanced valu..Category: Fiscal/Taxation Law | Date: | Hits: 83
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....nt in the meeting of the Thana Parishad, dealing with the protection of village infrastructure as the adviser of this committee. This requirement is again reiterated in Annexure ‘C’. Further each woman member from the reserved seats is a member representing ten constituencies. They cannot really......l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......rnment officers currently under posting to that Thana. 3. It is stated in the petition that the respondent No.1, the Government of Bangladesh, represented by the Secretary, Ministry of Disaster Management and Relief, has framed binding Rules of procedure for the purpose of convening and holding m..Category: Administrative Law | Date: | Hits: 462
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ...... of this Court taking into account the principle of law enunciated in the cases of Moni Mohan Ghose vs. King Emperor 35 CWN 623 and Ghulam Kadir vs. Crown, PLD 1950 Bagdadl Jadid 51 observed : "We fully agree with the principle laid down in the said two Division Bench cases and hold that, the inf......r, on bail, absconded after commencement of the trial with the framing of the charge. So the trial was held in absence of those two accused, who were defended by a state defence lawyer. At the last stage of the trial accused Aslam, Aurango and Hasib on bail absconded. They were also defended by a st..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......, Advocate vs. State, reported in 2000 BLD (AD) 50; 42 DLR (AD) 223. 27. In the decision of Chand Shab vs. Crown, reported in 8 DLR (FC) 24, Mr. Justice AR Cornelius, the author judge of the full Court, expressed his resentment and dissatisfaction as: "Attorneys and Advocates who app......of 2006) and Md. Habib Jamal, petitioner of Criminal Miscellaneous Case No. 11080 of 2006 is the Company's Secretary of the aforesaid Insurance Company. A fire broke out on 16-2-2006 causing heavy damage to the factory. The informant demanded policy money to which the accused petitioner made proposa..Category: Criminal Law | Date: | Hits: 97
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......in are provided under section 32 of the Ordinance. Under sub-section (1) of section 32 of the Ordinance, the income under the head. "Capital gains" shall be computed after making deduction from the full value of the consideration received or accruing from the transfer of the capital asset or fair ......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......statement, no other necessary steps, no decree, nothing. The financial institution is to get relief or reliefs in a summary manner which is not available in the form of a suit." 35. We are also in full agreement with the said view that the application heading as "Miscellaneous proceeding" initiat......, namely Mr. Md. Abdur Rouf, being violative of Article 116 of the Constitution and section 4(5) of the Artha Rin Adalat Ain, 2003 and also the order No. 9 dated 296-03 passed by the Adalat in Mortgage Execution Case No/35 of2002 transferring the same under the Ain, 2003 and renumbered as Artha Ex..Category: Constitutional Law | Date: | Hits: 168
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......re company on 15-6-95 under the name and style, 'Sheba Telecom (Private) Limited (hereinafter referred to as the Company) with the equity share holding of 51% and 49% respectively. The company was engaged in the business of installing, maintaining, operating, managing, digital exchange and satelli..Category: Business or Commercial Law | Date: | Hits: 178
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......licity of the said trade mark through various media of publicity and as a result of extensive use, sale and publicity for long time the distinctiveness has been established in all respects and to the full extent. Being jealous of the wide popularity of the mark Liberty, the appellant Md. Mofidul Haq...... the name of Md. Mofidul Haque, the appellant, to maintain the purity of the register to look after the public interest and to protect the mark and business of the company from being substantially damaged. The entry in the register of registered mark C-6724 in class 25 has been made without sufficie..Category: Intellectual Property Law | Date: | Hits: 198
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......nt No. 1 on the strength of Letter of Administration transferred some lands in favour of the appellants during the period between 1981 and 1986. They have been possessing the bequeathed property peacefully, that the Letter of Administration has been acted upon and that the respondent No. 1 has no lo......claim is consistent. According to them Harinath Majumder executed the will in favour of Surendra Nath Biswas on 5-8-63 out of love and affection as the latter looked after the testator during his old age. On 18th Bhadra, 1370 BS Harinath Majumder died and Surendra Nath Biswas filed a petition for gr..Category: Property Law | Date: | Hits: 68
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ......s been rejected. So, the learned Advocate for the opposite party submitted that by filing a subsequent suit in the Artha Rin Adalat, the bank wants to delay the matter. In such circumstances, he forcefully submitted that under no circumstance Title Suit No. 209 of 2002 can either be stayed or any ......, she prayed for mandatory injunction against the present petitioner bank for giving delivery of the original documents to her. In this suit, the petitioner bank appeared and the suit came at the stage of pre-emptory hearing and deposition of the opposite party as plaintiff of Title Suit No. 209 o..Category: Civil Law | Date: | Hits: 82
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ......ly excluded by section 6 of the Artha Rin Adalat Act and further in the case of Sultana Jute Mills Vs. Agrani Bank reported in 46 DLR (AD) 174 it has also been held that Artha Rin Adalat, being not a full fledged civil Court with all the powers and jurisdiction of a civil Court, any interlocutory or......d others 50 DLR 333; Serajuddin Howlader vs. Pubali Bank Ltd. 4 BLT 80; Reasul Hoque Mollah vs. Afizullah Mollah, 42 DLR (AD) 74; Mayajan Bibi vs. Mohohar Ali, 39 DLR 68; Feroz Miah vs. Sonali Bank, Wage Earners Branch and others, 48 DLR 279; Nurul Islam (Md) vs. Agrani Bank, 49 DLR (AD) 135. Law..Category: Procedural Law | Date: | Hits: 67
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