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Babul and others Vs. State, 2011, 40 CLC (HCD)
....he Additional Sessions Judge, Lakshmipur in Session Case No.86 of 1999 convicting the appellants under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer rigorous imprisonment for life with a fine of Taka 20,000/- for each in default to suffer rigorous imprisonment fo...... of occurrence, there was a quarrel between the said Abdur Rashid and appellant Nos.1 and 2, following which they assaulted him (Abdur Rashid). In the background of such enmity, appellant Nos.1 and 2 called him on 13.10.1997 at about 1.00 p.m. to go for fishing. At about 6 p.m. they (appellant Nos.1......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
.... 1990 and appellants (1) Sohel and (2) Manu in Criminal Appeal No.500 of 1990 along with others have been convicted on 14.4.90 under sections 302/34 of the Penal Code and sentenced thereunder to imprisonment for life and to pay fine of Tk. 2,000.00 each, in default, to suffer rigorous imprisonment f......hel mid Monu by way of adopting the argument of Mr. Serajul Huq submits that the name of the appellants Manu and Sohel do not find place in the FIR and their names were not even mentioned in the so‑called Dying Declaration. Though their names have been mentioned by P.W.3 who claimed his presence a......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ..Category: Criminal Law | Date: | Hits: 83
Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)
....al and others Vs. State, 37 DLR (AD) 87. Lawyers Involved: MA Wahab, Advocate ‑ For the Appellant. Fazlul Hoque Chowdhury, Advocate ‑ For the State. Criminal Appeal No.149 of 1989 (Jessore) Criminal Appeal No.423 of 1991 (Dhaka). Judgment Kazi Ebadul Hoque J.- This appeal at......r that he saw by the forcus of his torch light accused Khaleque and others carrying something towards the jute field. 7. P.W.8 Shahid Hossain stated that one day at about 10‑00/11‑00 PM police called him and showed him the dead body of the second wife of accused Abdul Khaleque in the courtyar......s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75...Category: Criminal Law | Date: | Hits: 78
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
.... Gholam Rabbani J Ajiran Nessa Bewa and others ………………..Petitioners. Vs. Md. Abdul Mannan .......Opposite‑party Judgment April 30, 1992. Result: The rule is made absolute. Cases Referred to- Barhanuddin Ahmed Vs. Veda Brata Chakraborty, 16 DLR 61; Moyna Mia......assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323......., 2, & 3 named Ajirannessa, Arnanullah, Azim Ali will be attached and to be sold in open auction directed and guided by the court and the decree holder to be compensated, with Tk. 5000.00 for his loss and sufferings from the attached property.” The moot question, therefore, before me is whe..Category: Procedural Law | Date: | Hits: 95
Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)
....(since acquitted) for murdering her husband Amjad Ali as Jamshed had got enmity with her husband. P.W.17 Azizur Rahman, Sub‑Inspector of Police, took up the investigation of the case. He engaged persons and from the information obtained from such source he arrested accused appellants Bashir and Af......ife. 2. On 11.3.1981 P.W.3 Kutini Bibi, widow of said deceased Amjad Ali, lodged the first information report with the local Police Station stating that in the night of 28.2.81 accused Jamshed Ali called her husband Amjad Ali from the house on the plea of raising ail for reserving water in the fi......tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ..Category: Criminal Law | Date: | Hits: 62
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....ss, computed net income in each of these years. This, in our view, turns the table completely against the department. Since the department itself has computed profit in all these years there is no reason why the condition of profit as laid down in section 10(2)(X) should not be deemed to have been a......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......e Tax Appellate Tribunal who by one judgment dated 13.10.83 allowed the appeals in part by making the owing observations: “Records show that although the appellant-Company disclosed not book‑losses in all the years under reference, the DCT, nonetheless, computed net income in each of these ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)
....…..Petitioner Vs. Chairman, Bangladesh Bar Council and others ..... Respondents Judgment April 30, 1991. Lawyers Involved: Majiruddin Ahmed, Advocate ‑ For the petitioner in person. AY Mashihuzzaman, Advocate ‑ For the respondent No.1. Writ Petition No. 461 of 1991. ......rty prima facie appears to be irresponsible and reprehensible. We are satisfied that action under Article 51 of the Bangladesh Legal Practitioners and Bar Council Order and Rules, 1972 is justifiably called for against the OP and he be suspended from practice pending disposal of the case. The opposi......erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35...Category: Employment/Service Law | Date: | Hits: 94
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....tober/November, 1987 under the University of Dhaka from the Barhamganj College Centre. The petitioner took the subjects (a) Bengali‑ 100 marks, (b) Islamic History and Culture‑300 marks, (c) Philosophy‑300 marks and (d) Islamic Studies‑300 marks. Annexure-A is the relevant tabulation sheet o......ine itself to the question of legality of the matter and that as the petitioner has totally failed to show that the University Authority has committed any illegality, no interference by this Court is called for. He referred to the decision in the case of Wasim Ahmed Khan Vs. Secretary, Board of High......in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ..Category: Others | Date: | Hits: 122
....al injunction against the appellant praying for restraining the defendant and his employees and representatives from using trade mark and copyright similar to that of the plaintiff in the toilet bath soap produced by the defendant. In that suit plaintiff prayed for temporary injunction. Plaintiffs p......herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
......ed similar colour and design of the plaintiff for the said purpose and, as such, plaintiff has prima facie case and balance of convenience and inconvenience in his favour and would suffer irreparable loss and injury. In coming to the aforesaid finding Court below considered the registration of plain..
Category: Intellectual Property Law | Date: | Hits: 224
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....Nos.1-4 were granted benefit of credit facilities for financing purchase and export of fish and that the export bills were issued with the Insurance Company, defendant No. 5. Defendant Nos.1-4 were also granted overdraft facilities against their pledged stock of goods covered by valuable securities,......d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ...... to recover any money and that the defendant by way of counter claim and set off prayed for a decree for a sum of Taka 4,75,51,476.60 paisa with interest at the rate of Taka 20% till recovery for the loss sustained by the defendants on account of the illegality, misconduct and mis‑appropriation co..Category: Civil Law | Date: | Hits: 92
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....Judgment February 20, 1995. Cases Referred to- State of Assam and another, appellant Vs. Kueseswar Saikia and others, Respondents, AIR 1970 (SC) 1616; Barrel Vs. Fordree (1932) AC 676; Thompson (Pauper), Appellant Vs. Gold and Co. Respondent, AC 409; Anawar Hossain Vs. Bangladesh, BLD 1989......বি ১-২৯/৮৮-১৮৩ dated 31.7.94 of the Ministry of Establishment, Government of Bangladesh as at Annexure A to the application under which the aforesaid promotion was made have been called in question as ultra vires having been made without complying with Article 116 of the constit...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ..Category: Employment/Service Law | Date: | Hits: 173
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
.... to the nominated consignees on different dates. The buyer asked for encashment of Bank Guarantee No. 40 dated 18.2.71 and informed the plaintiff-respondent that only 75,000 pieces of gunny bags were so far received by S & M.O., CSD, Halishaher, Chittagong. The plaintiff-respondent No.1 was acco......ed 18.2.71 and informed the plaintiff-respondent that only 75,000 pieces of gunny bags were so far received by S & M.O., CSD, Halishaher, Chittagong. The plaintiff-respondent No.1 was accordingly called upon to refund the excess amount which was already paid to them. As, according to the contrac......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....1st January, 1974, at a rental of Tk. 15,000/- per month. The appellant during the accounting year ending on 30-6-1974, being the previous year for the assessment year 1974-75, received rent from two sources viz, from German Cultural Institute for five months from 1st July, November, 1973, and from ......cer, Dacca Circle (J), Dacca, on 27-1-75, in respect of her income from the aforesaid house property under section 9 of the Income Tax Act upon a ‘bona fide annual value of property’ (hereinafter called ‘B.A.V’) of Tk. 48,000/-. Thereafter in the month of June, 1976, the Inspecting Joint Com......ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56...Category: Fiscal/Taxation Law | Date: | Hits: 88
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....jumder……………….Petitioner Vs. Bangladesh and others................Respondents (In Civil Petition No. 68 of 1982) Judgment June 30, 1981. Cases Referred To- State Vs. Dosso, (1959) 11 DLR (SC) 1 = PLD 1958 (SC) 533; Province of East Pakistan Vs. Md. Mehdi Ali Khan, (195......ment pronounced by the High Court Division under Article 102 and many other similar appeals preferred by the Government against judgments arising from such petitions are pending before this Court, we called upon the Attorney-General to address on the point at issue in order to enable us to come to t......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ..Category: Constitutional Law | Date: | Hits: 181
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
...., ‘B’, ‘C’ and ‘D’ in 16 annas share and owner of schedule ‘DI’ to the extent of 8 annas share and they further admitted that the late Khan Bahadur Sadeq Khan died leaving behind 4 sons and 2 daughters as stated by the plaintiff-respondents No. 1-3. It was contended in the writte......was further submitted that the attention of the High Court was not drawn to the case of Sajeda Khatun Vs. Mostafa Khatun reported in 28 DLR 221. 10. An ex parte decree is passed when the suit is called for hearing and the plaintiff appears but the defendant does not appear then the Court may p...... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ..Category: Procedural Law | Date: | Hits: 80
....
The respondent along with 12 others was put on trial before the 1st Additional Sessions Judge, Sylhet to answer charges under sections 302, 307/302/149 and 148 of the Penal Code. The trial ended so far Respondent is concerned on his convictions under sections 302, 307 and 148 of the Penal Code ......ht sight and the moon up and the informant recognised all the accused in the moonlight. The injured Tofazzal Hossain was taken inside the room and the doctor of the Gudarial Government Dispensary was called, but he was not available, so the compounder Jamshed Ali came. He examined the injured Tofa......ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
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Category: Criminal Law | Date: | Hits: 74
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....an inquiry team they found that the insured had no capacity to pay the installment of Taka 11,292 for an insured amount of Taka two lac and, as such, the insured amount could not be repayable. They also admitted that the insured was aged about 31 years when the policy was issued. So, there was no di......roller of Insurance. 6. We have also gone through sections 45 to 47L of the Act which are relevant for the disposal of the appeal. Under section 45 of the Act, no policy of life insurance shall be called in question after the expiry of two years from the date on which it was effected by the insur......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ..Category: Business or Commercial Law | Date: | Hits: 190
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
.... Respondent No. 4. Writ Petition No. 2608. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause as to why they should not be directed to cancel the impugned resolutions dated 14-3-2000 (Annexure-‘G’) and the impugned Circular 10-5-2000 (Annexure-‘J’) ...... and incorporated as a company under the Companies Act, 1913. Like all other trade organisations the CCCI is subject to the supervision and control of the Director of Trade Organisations, hereinafter called the DTO. The DTO ensures that the affairs of the trade organisations are managed and conducte...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....s. Dhaka University and others………………Respondents Judgment July 12, 2000. Cases Referred To- Controller of Examination, Dhaka University Vs. Mohiuddin, 44 DLR (AD) 305; Professor Nurul Amin Bepari Vs. Vice Chancellor Dhaka University and others, 50 DLR 405; Mian Jamal Shah V......re that, the petitioners, as Registered Graduates of Dhaka University, took part in the Senate election held in June this year, as candidates. They belonged to the panel collectively and unofficially called, ‘Jatiyotabadi Oikya Panel’. The respondent No. 2, the Vice Chancellor of Dhaka Universit......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ..Category: Election Law | Date: | Hits: 105
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
.... of the Mills due to electric short circuit. Fire was controlled at about 02-30 hour on 06-11-91 by the Fire Brigade. On 06-11-91 the plaintiff informed the defendant of the incident Messers Henley Associates Ltd. and Messers Allied Inspection Company Ltd. were appointed surveyors by defendant No.1 ......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......endant No.1 for holding a joint survey. The plaintiff on 17-11-91 submitted the Claim Form duly filled in. The surveyors held survey jointly and submitted their report on 15-07-92. In the report, the loss was assessed at Taka 22,45,360.00. 5. As per demands of the defendant, the plaintiff submitt..Category: Business or Commercial Law | Date: | Hits: 211
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