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Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
.... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502.......re hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502.......emporal region: Sub conjunctional hemorrhage on left eye. PW 6 stated that in his opinion death was due to shock and hemorrhage caused by the mentioned injuries which were ante-mortem homicidal in nature. In cross-examination stated that sub conjuctional hemorrhage may be caused due to injury or ..Category: Criminal Law | Date: | Hits: 30
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......iah & others……….Opposite Parties Judgment February 19, 2002. Cases Referred To- Abdul Aziz vs. Aboni Mohan, 30 DLR (SC) 21; Abdus Sattar Khodaker vs. Prem Lata. 49 DLR 583; Brink’s Mat Ltd. Vs. Elcombe and others, (1988) 1 WLR 5O; Abdul Aziz vs. Abani Mohan; SP Chengalvara......herent power of the Court to make such order as may be necessary for the ends of justice. It may be noted that provisions of the Code are generally meant to have the ends of justice but in their very nature they cannot read all possible circumstances. Consequently every Court has an inherent power t..Category: Civil Law | Date: | Hits: 125
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......l for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......e Title Suit No.104 of 1998 by the Principal, Aminul Islam the defendant handed over all responsibility in respect of the suit upon Siddiqur Rahman and Siddiqur Rahman came to Dhaka and took the signature of the defendant in a plain cartridge paper for purpose of preparing written statement in Tit..Category: Property Law | Date: | Hits: 42
Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)
....ted. The learned Assistant Additional Judge is directed to proceed expeditiously with the family suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 481.......2002) 481.......was heard and rejected by the learned Subordinate Judge by the impugned order being of the view that further proceedings of the family suit could not be stayed under section 151 of the Code since the nature and character of the proceedings are different and that the Subordinate Judge had no jurisdic..Category: Family Law | Date: | Hits: 185
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......e discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......dence on record found that the plaintiffs were not workers and as such the suits were maintainable, the termination order had been issued by incompetent authority and that the orders were punitive in nature. Accordingly he decreed the suits allowing to the plaintiffs the relief prayed for therein to..Category: Employment/Service Law | Date: | Hits: 76
Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
....nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......scharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......ompelled to do that which the law required him to do. This is not the same thing as contesting the validity of an election or challenging the election of a declared candidate. In a proceeding of this nature disputed questions of fact will not, of course be gone into and it is only where it is shown ..Category: Election Law | Date: | Hits: 119
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51......ischarged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51......y an order of stay passed by this court and there being no Gazette Notification made as yet, it cannot be said that Respondent No. 5 is holding the office as Chairman and, therefore, direction in the nature of Quo Warranto cannot be ordered unless the person alleged to have usurped the office of C..Category: Election Law | Date: | Hits: 104
Md. Jahangir Alam Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....e infructuas since the period of work-order expired by efflux of time on 22.06.2009. In that view of the matter, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 649.......the matter, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 649....... Mr. M. Amirul Islam, Advocate, appearing on behalf of the petitioner assails the judgment discharging the Rule as being infructuas and submits that the High Court Division failed to appreciate the nature of the petitioner's business and that he set-up the pharmacy within the complex and built a s..Category: Civil Law | Date: | Hits: 76
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
....n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ...... Cases Referred To- Essential Industries Model Town, Lahore vs. Central Board of Revenue; Government of Pakistan Taxation Vol. 17 page 247; Assessee vs. Department 1993 BTD 31; Colonial Sugar Refining Co. vs. Irring (1905 AC 369). Lawyers Involved: Sarder Jinnat Ali, Assistant Attorney-G......Before the High Court in writ jurisdiction it was urged on behalf of the assessee that the new proviso introduced by the Finance Act, 1967 has virtually taken away the right of appeal which is in the nature of vested right, the assessment in question related to the year 1962-63 and the amendment int..Category: Fiscal/Taxation Law | Date: | Hits: 55
Shahjahan Faraji and another Vs. State, 2002, 31 CLC (HCD)
....he date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457.......e the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457.......ersaries at Barisal that they are unable to go Barisal for doing the needful in connection with the case. It has been alleged that the adversaries of the petitioners are so dangerous and disparate in nature that they can easily kill the petitioners if they get them at Barisal and because of the host..Category: Procedural Law | Date: | Hits: 61
Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)
....a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453....... of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453.......nt No. 3 being ii statutory authority has no right to make any underhand with the petitioner and therefore, he submits that the petitioner cannot come before this Court for a direction of a mandatory nature. We find substance in the submission of the learned Advocate for the respondent No. 4 inasmuc..Category: Property Law | Date: | Hits: 22
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
.... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440.......mad and others…………Opposite Parties Judgment July 10, 2001. Cases Referred To- Sahera Khatun and another vs. Anwara Khatun and ors 1 BCR 126 = 33 DLR 442; Hasmat Ali vs. Mofizuddin Majhi and others 37 DLR 231; Nurunnesa and ors vs. Babar Ali Bepari 33 DLR (AD) 124. Lawyers I......bed in ‘A’ schedule cannot be treated as enemy or evacuee property. None of the owners of the ‘A’ scheduled property ever executed any power of attorney in favour of the plaintiffs and the signatures appearing in the said power of attorney are all forged and the initials in the names of the ..Category: Property Law | Date: | Hits: 23
.... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430.......e petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430.......d for the services rendered by the Respondent No.4 which at the earlier stage were given free of cost. The charges from the consultants, the technical services and other research works are not in the nature of commercial basis as alleged by the learned Advocates for the petitioner. Annexure H (2) we..
Category: Labour and Industrial Law | Date: | Hits: 158
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......case was established and as such, the petitioner was asked to pay taka 1,00,50,799 and in order to protect the interest government the licence was temporarily suspended as the allegation was of grave nature. 9. With regard to the statements made by petitioner in paragraph Nos. 3(g) to 3(m) of the..Category: Fiscal/Taxation Law | Date: | Hits: 63
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409.......2002)409.......enjoy the easement. It is thus crystal clear that the alleged easement right of the contesting defendant in the suit property totally extinguished, by subsequent developments by a total change of the nature and character of the property. As a matter of fact, no right of easement in the suit property..Category: Civil Law | Date: | Hits: 69
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405....... Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405.......r detention but to show his past activities. This question has also been finally settled in the case of Habiba Mahmud. It has been observed that where the allegations in a pending case are of serious nature the detaining authority can make an order of detention if it is satisfied that the detenu is ..Category: Criminal Law | Date: | Hits: 60
Abul Member and Abul Hussain Vs. Secretary, Ministry of Home Affairs and others, 2002, 31 CLC (HCD)
....tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392....... such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392.......repression upon the members of business community and public in general making their life miserable and insecure. The allegations as made in the grounds of detention against the detenu are serious in nature hampering the law and order situation of the locality inasmuch as the detenu along with his a..Category: Criminal Law | Date: | Hits: 22
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
....dent and neutral witness as a rule of prudence. 36. Now turning to the confessional statements both Selim and appellant Tota, we have found on perusal of those statements that the case is not only exculpatory but also contradictory to each other in confessional statement of PW 3 Selim marked as E......d against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ......neck as mentioned in his post-mortem report. In his opinion, death was due to shock and haemorrhage due to the injuries mentioned in the post‑mortem report which were ante-mortem and homicidal in nature. Defence declined to cross-examine him. 15. PW 3 Md. Selim Miah an approver, has stated in..Category: Criminal Law | Date: | Hits: 35
Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
....Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149.......rred To- Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corporation and another, 45 DLR 509; P Moosa Kutty Petitioner, AIR 1953, Madras, 717. Lawyers Involved: N H Khandaker & KMS Hossain, Advocates‑ For the Petitioner. Nikhilesh Dutta, Advocate‑ For the Opposite Parties. C......dating any matter in dispute between the contending parties. The real object of a local investigation is not to collect evidence which can be taken in Court but to obtain evidence which from its very nature can only be had on the spot. The issuance of a Commission is thus a matter of discretion for ..Category: Property Law | Date: | Hits: 31
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
.... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137.......against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137.......nts still remained absconding. 7. At the trial prosecution examined 8 out of 17 witnesses. PW 1 informant Moslem who proved first information report lodged by him Exhibit 1 and also proved his signature thereon. PW 2 Shahidullah, PW 3 Mukhter Hossain both of them were declared by prosecution and..Category: Criminal Law | Date: | Hits: 34
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