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Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
.... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ......s Vs. Additional Deputy Commissioner, Khulna & others...............Opposite Parties Judgment August 30, 1987. Cases Referred to- Halima Khatun's case 30 DLR (AD) 20; Nasiruddin Vs. Government of Bangladesh 32 DLR (AD) 216; 30 DLR (AD). Lawyers Involved: Miah Abdul Gaf......t instant would have exercised jurisdiction to decide this matter on merits as a pending proceeding, pending before it before the establishment of the Settlement Court in a declaratory Suit of this nature as to the legality or illegality of the same which the Courts below have failed to exercise b..Category: Property Law | Date: | Hits: 36
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. ......e Chowdhury and others ………Opposite Parties Judgment December 3, 2001. Cases Referred To- Muhammad Muzaffar Khan vs. Muhammad Yusuf Khan, 11 DLR (SC) 78; SM Basiruddin vs. Zahurul Islam Chowdhury, 35 DLR (AD) 230: Shafiuddin Chowdhury vs. Md. Abdul Karim and others......mutation followed. Subsequently, Samundar sold another 30 kanals to said Yusuf Khan. The appellant instituted the suits for preemption of these two sales as co-sharer. A plain consideration of nature of transaction in the circumstances of this case could, in our opinion, lead to but conclusio..Category: Property Law | Date: | Hits: 39
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......itional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......und extra dorsal haemorrhage. The doctor was of opinion that the death of Shamsu Sikder was due to shock and haemorrhage as a result of above mentioned injuries which was ante mortem and homicidal in nature. PW 12 Dr. Md. Shahidullah denied the defence suggestion that the dead body was not identifie..Category: Criminal Law | Date: | Hits: 36
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165.......copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165.......may be 3 or 4 months but should not exceed six months. The failure or refusal of the government to implement or give effect to the judgments and orders of the Courts (even if these are declaratory in nature like those of the present case) within this reasonable period amounts to wilful disobedience ..Category: Property Law | Date: | Hits: 38
.... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161.......
Judgment
November 18, 2001.
Cases Referred to-
Overseas Cotton Co. vs SM Fazail and Co, PLD 1958 (WP) Karachi 27; 8 BLD 369 and 49 DLR 335.
Lawyers Involved:
Mahbubey Alam with M Aminuddin and Mahmuda Parveen, Advocates—For the Defendant-Petitioner.
MA Samad, Barrister-at-Law......to comply with this provision but it was held that this is a mere irregularity and does not affect merits of the case. The direction given to the arbitrator under section 14(2) is only of a directory nature. We, therefore, find that the contention of Mr. Mahbubey bears no basis and is thus rejected...
Category: Alternative Dispute Resolution | Date: | Hits: 196
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......s hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......ther transformed the earlier Bainapatra dated 12-3-1992 into a fresh Bainapatra putting a false date on it as 18-8-1996 and also changing the penultimate page of the Bainapatra falsely showing the signature of some new witnesses therein and also showing the name of a person as draftsman of the said ..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
.... the time of starting recording of the confession was not written in the confessional statement. After recording confession accused Monir was sent to the jail at 7-45 PM. Whether the confession was exculpatory or inculpatory would be decided by the Court. He denied the suggestions that the provisi...... 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. ......knowing details of the occurrence from Azahar Ali Bhuiyan, Altaf Hossain and Monir Driver. She sent the ejahar to the police station through Azahar Ali Bhuiyan. She identified the ejahar and her signature therein. The ejahar was marked as Exhibit 1 and her signatures therein were marked as Exhibit..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. ......day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......stified attack upon the Court which they are called upon to assist in the administration of justice. It should also be realized that the generality of those engaged in dispensing justice, by the very nature of their calling, live in comparative aloofness and are, therefore, in a disadvantageous posi..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. ......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. ......of the Bangladesh Bank. 26. Main thrust of the arguments of Mr. Noor is based on the observation of the Taxes Appellate Tribunal, that the shares and stocks held by the assessee were in the nature of stock-in-trade and consequently, loss purported to have arisen on revaluation of such trad..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.......on 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.......vable, acquired by judgment of law. In the case of Rahe Manjil Transport vs. Md. Amin reported in PLD 1963, Karachi (DB) 182 it was held, "if the proceedings in which the judgment is given are in the nature of suit it is quite apparent that the execution proceeding are also a part of such suit……..Category: Constitutional Law | Date: | Hits: 168
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ...... 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......ract the provisions of Article 20(2) read together with Article 20(1) of the Constitution. Actually by rendering banking services all the financial institutions have been earning such amount in the nature of interest. Moreover, since both Article 8(2) and 20(2) have been placed in Part II of the C..Category: Others | Date: | Hits: 104
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
.... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ......ing necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ...... of the legislation is to prevent using, selling or trafficking in any way in counterfeit or forged notes. The offence as made under section 25A of the Special Powers Act, 1974 is no doubt of serious nature and may entail with death, or imprisonment for life depending on the gravity of the offence. ..Category: Criminal Law | Date: | Hits: 40
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. ......wn the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......ied before the execution of the will by adducing cogent and reliable evidence. 11. The learned District Judge, however, revoked the grant on some other extraneous grounds. He compared the signatures of the testator Harinath Majumder appearing in the will with his signatures in a solenama fi..Category: Property Law | Date: | Hits: 68
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138........00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138.......reditor for declaring a debtor a Bankrupt. On the other hand, a creditor bank files a case before the Artha Rin Adalat against the debtor for realisation of the amount of debt with interest .Thus the nature of the two suits and issues are different. Issue before the Artha Rin Adalat in such a suit i..Category: Civil Law | Date: | Hits: 78
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794.......allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794....... order to enable the respondent to file an application for partition, if any, and dispose of the same in accordance with law, being outside the scope of suit for partition, which would change the nature and character of the suit." 5. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing fo..Category: Property Law | Date: | Hits: 37
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520....... contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520.......would not be prosecuted as he is doli incapax i.e. incapable of committing crime— A child above 9 and below 16 years of age who has not attained sufficient maturity of understanding to judge of the nature and consequence of his conduct. 19. The overall aim is therefore, not to punish the o..Category: Criminal Law | Date: | Hits: 32
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505......., the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......her evidence and materials on record, made his submissions on behalf of the State in favour of confirmation of the sentence of death awarded by the learned trial Judge. He submitted that although the nature of the case is such that no direct evidence can be expected as there was no eye witness of th..Category: Criminal Law | Date: | Hits: 35
Taju and others Vs. State, 2007, 36 CLC (HCD)
.... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ......h, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ......d he was informed by the police that the she (victim) had been physically assaulted. Thereafter, he went to the Police Station and lodged the first information report. He proved the ejahar and his signature therein as Exhibits I, III respectively. At this stage he was declared hostile by the prosecu..Category: Criminal Law | Date: | Hits: 42
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ......nviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ......by the High Court Division in Jail Appeal No.605 of 2004, made threefold submissions. Firstly, she submitted that in view of the evidence of PWs who are police officers and interested and partisan in nature and there being no disinterested and independent witnesses and to prove the exclusive control..Category: Criminal Law | Date: | Hits: 43
Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)
.... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480....... fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480....... Judgment Mir Hashmat Ali J.- This Rule was issued calling upon the respondents to show cause as to why Memo No. 115 (AP)/DA/2003 (Angsha)/385(1) dated 12-3-2003 (Annexure-F) issued under the signature of the Deputy Director, Directorate of Government Accommodation, the respondent No. 3, allott..Category: Property Law | Date: | Hits: 34
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