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State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
....3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......y knew fifteen persons of them. She herself saw the workers to work for the projects. 20. P.W.16 Md. Abdur Rab Khan, one of the Investigating Officers who submitted charge sheet stated that he had recorded statement of the witnesses under section 161 of the Code of Criminal Procedure, seized docu......a in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)
....ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......over. He further stated that he himself saw the works to have been done in 2000-2001. 21. P.W.15 Md. Abdur Rab Khan, one of the Investigating Officers who submitted charge sheet stated that he had recorded statement of the witnesses under section 161 of the Code of Criminal Procedure, seized docu......unal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 86
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......5. The police arrested the father of the accused Fakhrul Islam and then remanded him to custody. On the same day the victim girl having been recovered was produced by the police and her statement was recorded by Mr. Shawkat Ali, Magistrate under section 164 Cr.P.C. The victim girl was, however, exam......rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ..Category: Criminal Law | Date: | Hits: 80
Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)
.... answer the questions referred to us in the negative and against the Revenue. Parties are to bear their respective costs although. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ......t we hold that the Tribunal is not correct in holding that the DCT was justified in making the assessment on the income of the assessee of the previous year ending on 31.12.1970 for the reasons to be recorded presently. 4. Mr. Rafiqul Huq first submits that the assessment of the income for the pr...... Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ...... answer the questions referred to us in the negative and against the Revenue. Parties are to bear their respective costs although. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ..Category: Fiscal/Taxation Law | Date: | Hits: 109
Nantu Biswas and others Vs. State, 2009, 38 CLC (AD)
....ted that the trial court properly considered the evidence on record in finding guilt of the respondents but while disposing of the appeal the High Court Division did not at all discuss the same and wrongly found that the eye witnesses gave false evidence to fit in the post-mortem examination repor......se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261.......iew of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261.......se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261...Category: Criminal Law | Date: | Hits: 48
....e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 471.
......e broken into pieces. On the above reports the respondent No. 2 was charged for his serious neglect of duty.
5. The complaint case was heard by the respondent No. 1 in course of which evidence was recorded and papers filed by the parties were taken on record and were marked as exhibits and therea......o legal effect and the Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 471.
......e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 471.
..
Category: Labour and Industrial Law | Date: | Hits: 133
Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)
.... the plaintiff stood as guarantor for the importer Abul Hussain inasmuch as the D.W. 1 an office of the defendant No. 1 failed to prove the signature of the executant appearing in that guarantee form wrongly marked as Ext. 'A' and the same should be expunged from the record. Even assuming that the p......from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ...... the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ......from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ..Category: Civil Law | Date: | Hits: 83
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....rustworthy and cannot be relied on. On the other hand, evidence of the DWs discussed above though they were employees of the purchaser company appears to be competent and trustworthy. The Court below wrongly relied on the address of Dacca Wood Works Ltd. in the old printed pads retained by the decea......st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429.......gati Industries Ltd...........................Appellant Vs. Shahida Khatun and others……...............Respondents. Judgment January 16, 1991. Cases Referred to- Abdul Gani Vs. Dina Bandhu, 14 DLR 663; Mst. Ghulam Sakhina Vs. Omar Bakh and another, 16 DLR SC 389 41. Lawyers ......st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429...Category: Property Law | Date: | Hits: 69
Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
.... the continuance of the property as abandoned is not maintainable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233.......rs that long thereafter, an application was filed by the alleged Khorshed Anwar only on 1996 for release of the property from the list of abandoned property when admittedly the property as well stood recorded in the 'Ka' list of the abandoned property under Section 5(1) of the Abandoned Buildings (S......sed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233....... the continuance of the property as abandoned is not maintainable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233...Category: Property Law | Date: | Hits: 65
Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)
....khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......ition against these petitioners and others on the allegation contending, inter-alia, that the land of C.S. Khatian No.158 under mouza Madinabad belonged to Sunu Morol and thereafter the said land was recorded in the name of Sunu Morol in R.S. Khatian No.239 and S.A. Khatian No.186. For arrears of re......n which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......icate exhibit-2 was admitted into evidence without any objection and the High Court Division rightly held the same to be genuine one. It further appears that the High Court Division considered C.S. khatian and the mutated khatian in favour of the plaintiff and rightly decreed the suit. We find ..Category: Property Law | Date: | Hits: 69
Jamshed Ali and others. Vs. Azman Ali, 2008, 37 CLC (AD)
....urt Division considered all aspects of this mater and we do not find any legal infirmity in the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ew villagers came and was added as defendants but no one was added as plaintiff. According to the plaintiff, the suit pathway beginning from C.S. Plot No. 1669 which is linked to S.A. Dag No.1942 was recorded as a Gochar and situated to the south of village Rifatpur and they treated the suit pathway......egal infirmity in the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: .......1970 and delivered possession to the purchaser and defendants have been in possession of the suit land as part and parcel of their homestead as well as pond upon mutating their names and opening now khatian and have been paying rent to the government. The defendants alleged that the plaintiffs neve..Category: Property Law | Date: | Hits: 69
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......n by him. 20. P.W.12 AZM Anwarui Islam was the UNO, Gaibandha at the relevant time. While performing the function of Magistrate on 28.10.86 the police brought the condemned prisoner before him. He recorded his confessional statement Ext. 8 and also the statement Ext. 9 of another accused Abdullah......municated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ..Category: Criminal Law | Date: | Hits: 84
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....enmity is a double edged weapon providing motive both for offence as well as for false implication. So duty is cast upon the Court to scan evidence closely with care so that neither the guilty person wrongly escapes on the plea of enmity nor innocent person is wrongly convicted on that basis. Regard......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......lled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ..Category: Criminal Law | Date: | Hits: 67
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......ground of conduct which has led to his conviction of a criminal offence; or (i) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that, for a reason recorded by that authority in writing, it is not reasonably practicable to give that person an oppor...... once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ..Category: Constitutional Law | Date: | Hits: 145
Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)
.... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ....... With these allegations the prosecution was launched by lodging a first information report by father of the victims Shashi Kumar Barai (P.W.1) as informant with the Najirpur Police Station which was recorded as Najirpur Police Station Case no. 01 dated 04-03-1988 corresponding to G.R. no. 04 of 198......ffice is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ...... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ..Category: Criminal Law | Date: | Hits: 74
Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)
.... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ......d with the suggestion of false evidence, P.W.6 Hazi Meherullah was tendered, P.W.7 Momtazuddin a common relation of both the parties and own uncle of the informant, P.W.8 Ataur Rahman is a Daroga who recorded the G.D.E. and seized alamats, P.W.9 Shafiqul Islam is alleged to be a common relation of b......h a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ...... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ..Category: Criminal Law | Date: | Hits: 69
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
.... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ...... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ......r Ali J Arshad Ali……………………Petitioner Vs. Momtaz Ali and another................. Opposite Party Judgment December 9, 1991. Cases Referred To- Ganeshmal Vs. Kesorain Cotton Mills Ltd., 55 CWN page 349 (355) Lawyers Involved: SR Karmaker, Advocate ‑ For th...... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ..Category: Procedural Law | Date: | Hits: 94
Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
.... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ......No.2 which was unsatisfactory, dismissed him from service by letter dated 29.5.84. The complaint case was heard by the Labour Court and in the course of hearing no oral evidence of die petitioner was recorded and the papers filed by the parties were taken on record as exhibits and thereafter by judg......ve modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ...... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ..Category: Labour and Industrial Law | Date: | Hits: 120
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....of justice and for proper and effective adjudication of the suit. It is clear from the above that the learned Subordinate Judge has committed an error of law in the exercise of his discretion and has wrongly rejected the prayer for reception of the documents in question subsequently filed in Court b......d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ......is also Reported in: 45 DLR (HCD) (1993) 154. ......pposite parties on the allegations, inter alia, that the defendant‑opposite party No.1 was the owner of the suit property on the basis of a transfer deed dated 2.4.1937. Her name was mutated in the khatians and she used to pay taxes in her name and also lives in the suit‑holding along with two m..Category: Procedural Law | Date: | Hits: 76
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ......Civil Procedure without an order for restoration of the original suit to its file and number is bad in law resulting a failure of justice. 17. Suit being declaration of wrong recording of khatians recorded in respect of three sets of defendants separately out of which one set of defendants having......05. ...... from the original zamindar upon executing a registered kabuliyat dated 24.11.1943 and since then, they have been owning and possessing the same on payment of taxes; that the wrong recording of Diara khatian in name of the three sets of defendants opposite parties in different khatians have not crea..Category: Property Law | Date: | Hits: 82
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