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New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)

....65) Ch Division 32, it was held that the British Broadcasting Corporation had been constituted as an independent legal person and not an instrument of government, and did not come within the class of persons entitled to Crown immunities. 10. Bearing in mind the principles set out earlier, if we n......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234....... judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234.......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234...

Category: Employment/Service Law | Date: | Hits: 104

Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)

....e was that on the night of 6th Jaistha, 1379 B.S. the deceased Shohrab was sleeping in his hut with his wife P.W.1 when the first wife of Shohrab woke up and saw in the light of a kupi lamp that five persons including three appellants being armed with lethal weapons and torches were inside the hut a......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......on in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ..

Category: Criminal Law | Date: | Hits: 107

Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)

.... guilty and each of them were sentenced to pay fine of Tk. 130/- only in default to suffer rigorous imprisonment for 15 days. 3. On appeal the learned Sessions Judge acquitted the three co-accused persons but upheld the conviction and sentence of the respondent. The respondent thereafter moved...... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dis­missed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ...... the result therefore this appeal is dis­missed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ...... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dis­missed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ..

Category: Family Law | Date: | Hits: 166

Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)

....t the relevant authority of the Income Tax Department was quite competent to assess income tax even upon a firm, because 'person' mentioned in sub­section (5) of section 5 included an association of persons or a firm or a company or a local authority as such. Section 3 of the Income Tax Act whic......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ...... This case is also reported in: 35 DLR (AD) (1983) 165. ......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ..

Category: Fiscal/Taxation Law | Date: | Hits: 104

Shafiqur Rahman and others Vs. Nurul Islam Chow­dhury and others, 1982, 11 CLC (AD)

....cise by the High Court Division of the revisional jurisdiction is a matter of discretion, that is the revisional jurisdiction of the High Court Division is exercised only for the purpose of relieving persons who has not got fair trial or whose convictions have been arrived at by non-observance of ma......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......lso Reported in: 35 DLR (AD) (1983) 127. ......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ..

Category: Others | Date: | Hits: 135

Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)

....laintiff No.1, which was decided in favour of the plaintiffs. Although no special leave was granted on the question of defect of parties in the appeal before us the point as to non-joinder of certain persons who appear to have acquired some interest in the disputed properties on the basis of several......manded to the trial Court for disposal in the light of the observa­tion made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218....... There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......manded to the trial Court for disposal in the light of the observa­tion made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218...

Category: Property Law | Date: | Hits: 75

Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)

....ut since 10 voters have cast their votes twice that had affected the result of the election materially and directed the re-elec­tion. The Tribunal had found from the rele­vant ballot papers that 10 persons had cast votes simultaneously in ward Nos. 1 and 3. The voter numbers and ballot-paper numbe......e is remanded back to the Tribu­nal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191.......ght of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191.......e is remanded back to the Tribu­nal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191...

Category: Election Law | Date: | Hits: 163

Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)

....ukul, Chundra Prashad Sukul and Jogodeshwari Debba were recorded as the possessors who had been enjoying the possession thereof on payment of rent to the concerned authority. After the death of those persons, the petitioners, pro forma respondents and the villagers of the respective villages had bee......wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ......peditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ......wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ..

Category: Procedural Law | Date: | Hits: 100

M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)

.... 9, Tejkuni Para, Tejgaon, Dhaka. The said Society was formed in 1977 to solve the residential problems of its members having about 8000 members presently who are all beneficiary members. The accused persons are fraud, cheat and commit criminal breach of trust of entrustment of the property. While t......ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......ate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355...

Category: Criminal Law | Date: | Hits: 86

Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)

.... not very clear from the FIR as to whether the seized relief materials were given to the accused-petitioner as representative of the people of the locality for distribution amongst the deserving poor persons. Such question of entrustment can only be look into by the trial Court on examining investig......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......y for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351...

Category: Criminal Law | Date: | Hits: 61

Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)

....Md. Jahangir Alam denied that he did not take or receive 10 lac Taka from Saudi Arabia sent by Dr. Md. Jahangir Alam as such it was not written in the Salishnama. The Salishnama was signed by all the persons present in the Salish including the plaintiff and the defendant. Thereafter the Salishnama o......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......abun Nahar Chowdhurani and other…………………….opposite Parties Judgment May 8, 2008. Result: Two Rules are made absolute. Cases Referred to- Mohsena Khatun Vs. Habib Knitting Mills, 1997 BLD (AD) 47; Hussain Ahmed Chowdhury Vs. Md. Nurul Amin, 47 DLR (AD) 162; Habibullah......marriage her father gifted at any valuable goods and articles including ornaments and furnitures to the defendant husband and his father-in-law also gave Taka 5 lac to the defendant for taking higher education from abroad. The defendant is a man of very bad nature who always used to give pressure on..

Category: Family Law | Date: | Hits: 167

Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)

....oor and handed over all responsibility to one Rezaul Karim who is the guard of the godown; that on the following day at about 8-00 AM the informant came to know from Jharudar Ekram that 10/12 unknown persons committed dacoity at Food godown at about 1-00 at Night; that thereafter the informant went ......ropriated 122 bags of rice and that they have falsely implicated them in order to save themselves. They further submit that the trial Court failed to consider the evidence; that no independent and disinterested witnesses came to depose in support of the prosecution case and the witnesses who deposed......benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ..

Category: Criminal Law | Date: | Hits: 116

Atahar and others Vs. State, 2007, 36 CLC (HCD)

.... of Criminal Procedure and thereafter submitted charge sheet against the accused being No.182 dated 12-8-1992 under sections 364/342/302/325/323/34 of the Penal Code against all the FIR-named accused persons. 5. After filing of the charge sheet against the accused, the case record was sent to the...... Procedure, they were afforded with no information as to the circumstances and accusation which they were to explain, resulting in an illegality vitiating the entire trial; that no independent and disinterested eye-witness deposed in the case and even there is no unbroken chain of circumstances prov......nd Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ..

Category: Criminal Law | Date: | Hits: 66

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....in Bangladesh-40 times in 11 months of 2002 in Chittagong alone. Tremors have recently jolted Chittagong and Chittagong Hill Tracts. On July 27, 2003 the quake measured 5.09 Richter scale, killed two persons, injured 25, and flattened about 500 houses. It also triggered fissures on the ground at one...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 71. ......of Disaster Management by a special messenger of this Court as soon as possible. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 71. ...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 71. ..

Category: Constitutional Law | Date: | Hits: 211

Bangladesh Freedom Fighters' Welfare Trust and others Vs. Joint District Judge and Artha Rin Adalat & another, 2004, 33 CLC (HCD)

....ubsisting immediately before the commencement of this Order shall cease to have effect on such commencement and all abandoned properties in custody of any Court, receiver, guardian or other person or persons appointed by it, shall upon delivery of the same being called for by the Government, be deli......udgment and decree dated 14‑5‑02 is without jurisdiction. The result is that the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 641. ......ction. The result is that the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 641. ......udgment and decree dated 14‑5‑02 is without jurisdiction. The result is that the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 641. ..

Category: Property Law | Date: | Hits: 173

Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)

....3 of the said Act. 2. The prosecution case, in short, is that, on 17‑1‑2003 at 19.30 hours one Shah Alam Molla as informant lodged the first information report with Muladi PS against 9 accused persons including the appellant and 3/4 unknown terrorists, alleging, inter alia, that GR Case No. 2......cond time with a view to implicating the accused and play double standard. Such allowance, in our view, will encourage implication of an innocent person into false charge in the hands of unscrupulous interested elements and it will frustrate the purpose of further investigation. The statements of wi......sain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632...

Category: Criminal Law | Date: | Hits: 64

Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)

....(Sylhet) stating that on 2‑9‑2003 at about 14 hours he got a secret information that from Sylhet Airport a private car being No. Sylhet Ka‑5200 was going to Upashahar residential area with some persons and with huge amount of Hundi Taka. The news was registered in Detective Branch under GDE No......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ......d to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ..

Category: Criminal Law | Date: | Hits: 70

Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)

....ajumder, the learned Advocate for the petitioners, submits that as many as four first information reports were lodged over self‑same occurrence stating different issues thereto against some unknown persons and police ultimately submitted charge sheets. He then submits that Motijheel PS Case No. 38...... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622.......a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622....... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622...

Category: Criminal Law | Date: | Hits: 71

Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)

....e place of occurrence. At about 10-25 PM they bad searched the house of the accused's brother and arrested the accused Abdus Sattar. On interrogation he confessed that on 4-6-2002, he along with 8/10 persons, had stolen gun (বন্দুক) from village Naiter under the same Police Station. The ......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ......th any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ..

Category: Criminal Law | Date: | Hits: 65

BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ...... given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..

Category: Fiscal/Taxation Law | Date: | Hits: 152