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State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....head of the daughter was loosely connected with the body due to slaughtering and the whole floor of the bathroom was full of blood and the accused was standing with a sharp paper cutting knife in his hand. Police being informed by the people came there and arrested the accused and took the dead body...... throat. It appears further that before recording his statement under section 164 of the Code of Criminal Procedure PW 9, the recording Magistrate, gave him sufficient time of 3(three) hours to think over whether he would confess or not. If further appears that police did not torture him taking on r......005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ..Category: Criminal Law | Date: | Hits: 118
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....s are protected under section 38(7) of the Companies Act 1977, the company itself will be prejudiced. 11. Mr. Mahmudul Islam, learned Advocate appearing on behalf of respondent No. 3, on the other hand, submits that the petitioner has already demat the shares according to the direction of SEC and......1.......formed the SEC, inter alia, as under: After threadbare discussion, the Board disapproved the sale and transfer of above mentioned 31,000 shares by sponsor shareholder, Mr. Abdus Salam, and advised management to ensure that Mr. Abdus Salam would carry out his sale of shares as per SEC Rules and th..Category: Business or Commercial Law | Date: | Hits: 237
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....referred to a decision in the case of Abbas Ali Shah Vs. Emperor, reported in AIR 1933 (Lahore) 667. 10. Mr. AKM Shamsul Karim, the learned Assistant Attorney‑General for the State, on the other hand, contended that it is not correct to say that P.W.2 Aktar Hossain was not a competent witness i...... 302/34 of the Penal Code. At the trial charge was framed under sections 302/34 of the Penal Code against all the accused‑appellants by the learned Additional Sessions Judge, Tangail which was read over and explained to them when they pleaded not guilty and claimed to be tried. 4. The prosecuti......ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
....ave stated corroborating each other that at the time of the alleged occurrence accused Dr. Md. Nurul Islam was holding a double barrel gun and accused Ashraful a single barrel gun in their respective hands while amongst other members of the unlawful assembly accused Yakub was holding a Teta by which......eath. 13. P.W. 12 Dr. S. A. Faruk who held Post Mortem Examination on the dead body of the deceased, found multiple small rounded penetrating injuries of confused lacerated type discretely present over face, neck, anterior chest wall, anterior aspect both arms, anterior abdominal wall, anterior a......ital bone and found another lacerated injury over the right side of face below right eye and the age of the injuries were within two hours. He was sent to Rajshahi Medical College Hospital for proper management. At the same time he also examined accused Abu Sayeed son of accused Dr. Md. Nurul Islam,..Category: Criminal Law | Date: | Hits: 104
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
....s of the case and the same has resulted in error in the impugned decision occasioning failure of justice. 4. Mr. Abdul Quayum, the learned Advocate appearing for the opposite parties, on the other hand, submits that from the order sheet Annexure-‘A’ to the petition it is evident that in the s...... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ...... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ..Category: Procedural Law | Date: | Hits: 87
Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)
....yed with him. On 27-2-98 at about 12 noon while he along with his cousin victim Sukur Shaikh reached Wapda embankment by the southern side of Khararia Bazar accused-petitioner armed with bhela in his hand and accused Sharfuddin Molla also armed with a bhela in his hand and accused Rustom Molla came ......ce seriously affecting his personal liberty and if they succeed he would suffer irreparable loss and harm and injury. It is the further case of the petitioner that Magistrate being controlled by the Government he apprehends that he would not be properly and legally dealt with and he has reasons to b......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ..Category: Criminal Law | Date: | Hits: 93
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....rity for recovering the possession of Government and Local Authority and eviction of unauthorised occupants. Pourashava is a Local Authority (Vide P.O. No.147 of 1972.) The Pourashava intended to hand over the possession of the premises to the transferree and the plaintiff was requested to enter......hopping centre. Block No.2 consisted of 11 rooms and room No.3 was allotted to the plaintiff. This land originally belonged to the defendant No.4 and in 1972 the Pourashava relinquished their right over room Nos. 2, 3, 4 and 5 in favour of defendant No.4 by a deed of Nadabi. The Pourashava serve......d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ..Category: Property Law | Date: | Hits: 99
....hury, being dead his heirs: Amena Khatun and others………………Respondents
Judgment
May 5, 1982.
Result:
The appeal is allowed.
Cases Referred to-
Md. Jabed Ali Vs. Pukhal Chandra Mondal, 33 DLR (40) 309; Begum Asia Rahman, 26 DLR (SC) 58; Mofizuddin Patwary, 33 DLR (AD) 3......4-12-73 belonging to H.E. Percival recorded in P.S. Khatian No.18 consisting of P.S. Plot No.108, 116,117, 119 and 121 when the said holding was sold for arrears of rent under the Public Demands Recovery Act. Possession was delivered to the appellant on 11-2-74 and since then he was exercising var......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
..
Category: Property Law | Date: | Hits: 128
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....ference to the submission of the learned Attorney-General. After lunch break at 2 O'clock when the Court was about to dictate the order granting Rule Nisi, the Attorney-General, Mr. AJ Mohammad Ali handed over to the Hon'ble Court a file without giving any copy of it to the learned Advocates of ...... 2010. Result: The rule is made absolute. Cases Referred to- Muslimuddin Vs. State, 38 DLR (AD) 31; Paran Chadra Barai Vs. State, 2 BCR 292, (Para-II); 6 BCR (AD) 225; Afzalul Abedin Vs. Government of Bangladesh, 10 BLT 490=8 BLC 601. Lawyers Involved: Mahmudul Islam with Probir Ne......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ..Category: Criminal Law | Date: | Hits: 132
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....and duty were not made and recovered by the petitioner-company, question of payment to the respondent does not arise. The petitioner is to collect the rate and duty from the innumerable buyers in one hand and is to pay to the customs by other hand. It there no collection, there shall be no payment. ......e same to various customers in Bangladesh. The petitioner’s Company was required to sell its aforesaid products after having the necessary excise and regulatory duty determined and approved by the Government through the respective zonal officers of the Customs and Excise, Chittagong. The same was ......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393...Category: Fiscal/Taxation Law | Date: | Hits: 169
....rest of society.”
In Southern Rly Co. vs. Greene, 216 US 400 Day-J observed:
“Equal protection of the laws means subjection to equal laws, applying like to all in the same situation.”
Chandrachud-J in Indira Gandhi Vs. Raj Narayan, AIR 1975, SC 2279 described his idea of equality as:
......372.
....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
..
Category: Property Law | Date: | Hits: 150
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....im by way of set‑off against the plaintiff, which is admittedly a financial institution, as it can be done in the civil Court of general jurisdiction under the Code of Civil Procedure. On the other hand, Mr. Mainul Hosein argued that making a counter‑claim before the Artha Rin Adalat, be it asce......lat Ain, 1990 for adjudicating the counter‑claim of the respondent Nos. 1‑5 in utter disregard of the intent and purpose of the Artha Rin Adalat Ain, 1990 which has been enacted for the speedy recovery of the dues of the banks and such other financial institutions only. It is further submitted b......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....slative function is also illegal and void as it constitutes excessive and impermissible legislative derogation of power. 9. Mr. AK Mujibur Rahman, the learned Deputy Attorney General, on the other hand, argued that the impugned SROs having been provided the clear guide‑lines and suited in clear......s were old and could work about 6 months i.e. in the winter season the sale is very nominal, the demand for the goods is not very bigger and operation of the machineries was not very high indeed. Moreover, due to disturbances of gas, electric lines, strike and hartals the outcome is not satisfactory......ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32...Category: Fiscal/Taxation Law | Date: | Hits: 199
....e order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......the learned Judge in the instant case, the applicant was an individual worker whose service was terminated and the application under section 34 of the Ordinance appears to have been made for the recovery of the termination benefits to which he claimed to have been entitled and it was held in the s......rvice, as aforesaid, the appellants continued to deal with said Abul Bashar as General Secretary of the Employees Union, Respondent No.4, and ultimately a Memorandum of Settlement as made between the management, Appellant No.1, and the representatives of the Union, Respondent No.4, was signed on 1-1..
Category: Labour and Industrial Law | Date: | Hits: 167
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....nt is concerned, do not constitute any criminal offence and as such continuation of the proceedings is a mere abuse of the Court. Mr. B. Hossain, learned Assistant Attorney-General, has, on the other hand, contended that when the amount was disbursed to the appellant by the Bank Manager, principal a...... the views expressed in the judgment of my brother Shahabuddin Ahmed, J. 2. Leave was granted to consider the question whether there was any criminality in the action of taking advance by way of over-draft by the petitioner from the Janata Bank, Karikhara Branch, Sharupkati, District Barisal. ......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284...Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
.... demised premises of the Shooting Federation shall be used for the purpose of shooting range only, not for business or any other purpose and as such the respondents are required to be restrained form handing over the demised property to the respondent no.6 and not to enter into any other agreement w......ports and others, 45 DLR 360; R Vs. Titchmarsh, 1915, 22 DLR 272; R Vs. Lowle 1759, 2Bnrn 834; R Vs. Glamarganshire Inhabitants (1700, Ltd. Raym 580); Board of Education Vs. R-ice 1911 AC 179; Local Government Board Vs. Aldridge (1915 AC 120); Draymond Vs. South West Water Authorities (1976 AC 609);......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:..Category: Property Law | Date: | Hits: 159
....inda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......d EWCA Civ 762); R Vs. Department of Education and Employment, exparte Begbic (2000 1 WLR 1115); R(Bloggs 61) Vs. Secretary of State for Home Department (2003 1 WLR 2724); (R(x) Vs. Head Teacher and Governor of T school (2008 1 ALL ER 249); R Vs. Ministry of Agriculture Fisheries and Food, ex-parte ......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
..
Category: Civil Law | Date: | Hits: 218
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
....o evidence. The appellant in the meantime has suffered more than six years for no fault and as such he should be released at once on setting aside the impugned judgment and order. 14. On the other hand, Mr. Yousuf Mahmud Morshed, learned Assistant Attorney General appearing for the State, submits......ived from them, the RAB personnel arrested the third person Md. Rezaul Karim from his house at village Charboarmary within the police station of Godagari, Rajshahi and following his statement they recovered 3978 pieces of detonators from a nearly land owned and possessed by one Iliasur Rahman alias ...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 119
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
....Vs. Rowshan Ara, 57 DLR (AD) 167; Sarwari Begum Vs. Bangladesh, 45 DLR 571 (at para 16); Messrs ATJ Industries case, 28 DLR 27; 28 DLR (AD) 120; Ayesha Khatun's Case, 50 DLR 639; Bangladesh Vs. Syed Chand Sultana, 51 DLR (AD) 24, at para-4. Lawyers Involved: Moudud Ahmed with Raziuddin Ahmed, ...... Result: The Rule is made absolute. Cases Referred to- CQMH Md. Ayub Ali Vs. Bangladesh, 47 DLR (AD) 71; Mrs. Amena Khatun Vs. Chairman, Court of Statement, 15 MLR (AD) 438 = 63 DLR (AD) 1; Government of Bangladesh Vs. Md. Jalil, 48 DLR (AD) 10; Hazerullah Vs. Chairman, 1st Court of Settlem...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ..Category: Property Law | Date: | Hits: 127
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....so he cannot use any information or material of his own source without first furnishing contents thereof and second, an opportunity to the assessee to meet or controvert them. 17. In the case at hand, after receipt of the report of the inspector on 20-7-96 the Deputy Commissioner of Taxes did t......meaning of section 19(3) of the Income Tax Ordinance, 1984; (b) Whether the Department could legally use the Inspector's Report against the assessee without affording him any opportunity to controvert the same; and (c) Whether the provisions of section 19(3) of the Income Tax Ordinance 1984 ...... questions in the negative and against the revenue department and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ..Category: Fiscal/Taxation Law | Date: | Hits: 151
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