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Displaying 1681-1700 of 1984 results.
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
.... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ......e victim fell down on the ground and the miscreants fled away. The informant learnt that the killers were 10-12 in number. The victim was taken to Barisal Medical College Hospital and the doctors on duty declared him dead. The further case of the prosecution is that the victim had long standing e..Category: Criminal Law | Date: | Hits: 41
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......rules in Chapters 7 and 8 of the Tenancy Rules, 1955, it was held in the case of Nur Ahmed vs Kalimuddin Ahmed and another reported in 1987 BCR (AD)152 that the objection officer while performing his duty as per Rule 30 was functioning as a Revenue Court and that alleged forged document as was place..Category: Criminal Law | Date: | Hits: 48
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......shad. The reason is that the legislature wanted to eliminate such person from holding a public office because such person, who was defaulter would not be considered suitable for performing the public duty. This was considered in two decisions of this Court in 41 DLR (AD) 48 and 40 DLR (AD) 10. It wa..Category: Election Law | Date: | Hits: 124
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....t is actually written off in the books of the assessee. Provided further that where the amount for which any such building, machinery or plant is sold exceeds the written down value, so much of the excess as does not exceed the difference between the original cost and the written down value shal......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
.... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ......ndidates; the same was not done in his case. It seems the learned Judges of the High Court Division were persuaded by the said Annexures 'D' and 'E' to hold that the Election Commission failed in its duty to look into the allegation of the respondent, specially when on the basis of similar materials..Category: Election Law | Date: | Hits: 112
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......The case was decided on this point and there is no scope for technical view on the question of legal obligation so as to attract section 55 of the Specific Relief Act. "Obligation includes every duty enforceable by law (Section 3). In the present case it is not the case of the plaintiff that th..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......ological balance unaffected is a task which not only Governments but also every citizen must undertake. It is a social obligation and let us remind every Indian citizen that it is his fundamental duty as enshrined in Article 51 A (g) of the Constitution." 16. It is gratifying to note that the..Category: Civil Law | Date: | Hits: 130
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......and 6 is 'direct evidence' and if it is relied upon, then the conviction is justified. But before the evidence of a witness who claims to have seen the incident is relied upon it is the essential duty of the Court to examine it carefully, and scrutinize it thoroughly so as to see whether what th..Category: Criminal Law | Date: | Hits: 52
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....the said school. P.W.1 Upendra Nath Dash, Assistant Cashier of the Bank, through mistake gave the appellant Tk. 9000/- in 89 hundred taka notes and one hundred in 1/- taka notes and thereby made an excess payment of Tk. 7100/-. The mistake was detected soon after and P.W.1 informed his colleagues ......r paid, rather it should be presumed that he received the amount in the belief that it was his money. "But the next moment when the appellant detected that there had been an excess payment it was his duty to return the excess amount which did not belong to him. If he did otherwise, it must be said t..Category: Criminal Law | Date: | Hits: 44
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ...... No.2, however, did not produce herself before the Medical Officer as directed by the Company and then the Company by a letter dated 9.2.76 informed her that, on account of her failure to report to duty within 10 days from the expiry of the leave, she had lost her lien to her appointment under, se..Category: Labour and Industrial Law | Date: | Hits: 77
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
.... of The Customs Act read with section 25B of the Special Powers Act, in exercise of its inherent power under section 561A of the Code. It is also patent from the Judgment that the High Court acted in excess of its jurisdiction under section 561A of the Code in interfering in the cases when charge-sh......r provisions of the Code or for doing justice that is, to prevent abuse of the process of any court or otherwise to secure the ends of justice. 9. The Police Officer carries out his statutory duty in the matter of investigation in respect of commission of cognizable offence as provided under..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......etaining authority are actions which do not qualify as actions in accordance with law and would be struck down as an action taken in an unlawful manner. 7. The Constitution, therefore, has cast a duty upon the High Court to satisfy itself, that a person in custody is being detained under an auth..Category: Constitutional Law | Date: | Hits: 408
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....dents Judgment June 12, 2004. The Code of Civil Procedure, 1908 (V of 1908), Order XX, rule 18(2) The petitioner purchased the suit property in excess of the share of his vendor, Defendant No. 1, and his vendor was a party to the partition sui......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ...... are called Directive Principles of State Policy. Under Article 37 of the Indian Constitution the Directive Principles are also "fundamental in the governance of the country and it shall be the duty of the State to apply these Principles in making laws" but these principles shall not be enfo..Category: Constitutional Law | Date: | Hits: 221
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......ibution Company Limited. The Ministry of Petroleum and Mineral Resources was renamed as Ministry of Energy and Mineral Resources and the said Ministry appointed the petitioner as officer on special duty in the Petro-Bangla until further order by Memo dated 13-6-1985. It further appears that Bangl..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......and that it means that the citizens above 18 years of age having no disqualification as mentioned in the Constitution have got a mandate to be in the Electoral Roll of the country and it is a duty of the State to do it and to maintain it but by the impugned actions the Election Commission, ..Category: Election Law | Date: | Hits: 159
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....ing a law amending the Constitution of the Province could be enacted without Governor's assent. This was declared invalid by the Privy Council on the ground of implied limitation as well as of bar of excessive delegation of legislative power, which vested exclusively in the Legislature. 388. Lear......iety in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens; Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embod..Category: Constitutional Law | Date: | Hits: 1934
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147...... the incident took place in their plot. No doubt they filed a counter case against the Informant's party which ended, as appears, in acquittal. No evidence on this point has been led but it was the duty of the defence to file as exhibit the Complaint-petition of the Counter case in the instant cas..Category: Criminal Law | Date: | Hits: 49
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......t Division changed the conviction to one under sections 394 and 304 Part I, but maintained the sentence. 2. The prosecution case in brief is that on 3rd September, 1979 Nowab Ali, an Ansar, was on duty at post No.1 in Joypurhat Electric Supply Centre. He had a rifle with five rounds of bullets in..Category: Criminal Law | Date: | Hits: 61
Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
....lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......ned Judges of the High Court Division is not contemplated in law, in this case, in section 426, Cr.P.C. The learned Counsel contends that realisation of fine by execution of the sentence is not the duty of the appellate court and that specific provision has been made in the Code of Criminal Proc..Category: Criminal Law | Date: | Hits: 53
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