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Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)

....ion Bench, to which I was party, in the Civil Revision No.596 of 1986 (Dhaka) 1228 of 88 (Jessore) decided on June 14, 1990. 6. Mr. Mokbul Ahmed, appearing in opposition to this Rule, on the other hand, submitted that the order for attachment and the order for furnishing bank guarantee are indepe......equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ..

Category: Civil Law | Date: | Hits: 75

Shamsuddin Vs. The State, 1990, 19 CLC (HCD)

....preferred this appeal. 5. Mr. Mansur Habib, the learned Advocate appearing on behalf of the convict‑appellant Shamsuddin, submits that the prosecution failed to prove that this appellant has any hand in the death of the deceased. He submits that the post‑mortem examination report clearly indi......nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ..

Category: Criminal Law | Date: | Hits: 66

Gias Uddin Vs. State, 2002, 31 CLC (HCD)

....or the post­mortem examination of the dead body of the deceased and sent the viscera for chemical examination. Thereafter, on 7‑9‑1990 he was also transferred from the said police station and he handed over the case diary to the Officer in Charge of the concerned police station. In cross he sai...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328...

Category: Criminal Law | Date: | Hits: 51

Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)

....to be free from difficulty. There is no doubt the view of the Patna High Court that a person in authority is one who is in charge of prosecuting, conducting, or defending cases. There is on the other hand, a number of authorities which seem to have taken a more liberal view of the matter." In Bh......m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325...

Category: Criminal Law | Date: | Hits: 62

James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)

.... country and his, decision went against the company. This obliged the company to prefer an appeal against his decision, the ITA No. 2109 of 1991‑92 before the Taxes Appellate Tribunal. On the other hand, the Deputy Commissioner of Taxes preferred the ITA Nos. 2293 and 2294 of 1987‑88 before the ......993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee ­applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ..

Category: Fiscal/Taxation Law | Date: | Hits: 120

Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)

....upport of his submission, he cited the following decision; Abdus Satter Vs. State, 46 DLR (AD) 239; State Vs. Roisuddin, 48 DLR 517 and Rafiqul Islam Vs. State, 1993 BLD (AD) 117. 33. On the other hand Mr. Sk Awal, the learned Deputy Attorney-General on behalf of State submitted that the prosecut......appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ..

Category: Criminal Law | Date: | Hits: 60

Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)

....nt. Vs. Sunil Kumar Biswas………………Respondent Judgment August 1, 1993. Cases Referred to- 35 DLR (AD) 315; Smt. Jaswant Kaur Vs. Smi. Amril Kaur, AIR 1977 (SC) 74; Parash Chandra Bhowmik Vs. Hiralal, 36 DLR (AD) 156. Lawyers Involved: Abdur Rahim, Advocate ‑ For t......e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567...

Category: Property Law | Date: | Hits: 78

Azizul Haque Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....was done without any lawful authority. The facts of the said case are similar to the instant case. 5. Mr. Abu Taher Chowdhury, learned Advocate appearing for respondent Nos. 3 to 12, on the other hand, submits that Regulation 22 of the said regulations provide that any matter not covered by thes......diate and Secondary Education, Dhaka, however, may constitute an ad‑hoc committee in terms of Regulation 8 of the said Regulations. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 566. ..

Category: Civil Law | Date: | Hits: 89

KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)

....ourt and the Court can in exercise of its inherent power reject the plaint on this ground as rule 11 of Order 7 CPC is not exhaustive. Mr. SR Pal, the learned Advocate for the plaintiff, on the other hand, submits that in disposing of an application under Order 7 rule 11 (d) the Court cannot travel ...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ..

Category: Civil Law | Date: | Hits: 104

Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)

....…….Appellants (In Civil Appeal No.60 of 2006) Vs. Rabit-Al-Alam-Al-Islami and others…………….Respondents (In both the appeals) Judgment July 14, 2010. Cases Referred to- Chandavarkar Sita Ratna Rao Vs. Ashalata S. Guram, AIR 1987 SC 117; South India Corpn. (P) Ltd. Vs. S...... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ..

Category: Property Law | Date: | Hits: 93

Md. Shahjahan Ali and others Vs. Most. Maleka Bewa and others, 2009, 38 CLC (AD)

....ahan Ali and others .............................Petitioners Vs. Most. Maleka Bewa and others ...........................Respondents Judgment July 5, 2009. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record- For the petitioners Mahmudul Islam, Senior Advocate, instruct...... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ..

Category: Property Law | Date: | Hits: 57

Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)

....as served upon him, signed by the Director General of the Academy and upon such initiation of the departmental proceeding the petitioner was ultimately discharged from the service. 5. On the other hand, the learned Advocate Mr. AU Ahmed appearing on behalf of the Respondent No.2 Director General ...... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ..

Category: Employment/Service Law | Date: | Hits: 64

Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)

....the courts below failed to consider that in the F.I.R. the informant did not disclose the specific allegations that the alleged pipe gun was recovered from the possession of the accused. On the other hand the informant disclosed in the evidence that one girl handed over the pipe gun to the police fr......to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ..

Category: Criminal Law | Date: | Hits: 76

State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)

....m, the respondent No.1 inflicted a dagger blow in the right jaw of the victim and the respondent No.2 gave a dagger blow on the right side of the bally of the victim and accused Pichchi sumon, by the handle of fire arm, also gave a blow on the head of the victim whereupon the victim fell clown on th......and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166...

Category: Criminal Law | Date: | Hits: 56

MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)

....nearly as may be the same duties as are confer­red and imposed by this Code on Courts of original jurisdiction in respect of suits insti­tuted therein and since depositions and exhi­bits before my hand as such, I can dispose of the suits without sending the same to the trial Court for remand. It ......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ..

Category: Property Law | Date: | Hits: 100

Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)

....rred eastern half of suit CS plot No.313 to plaintiff No.1 Masuma Khatoon and delivered possession of the said land to her from Block 'B' of the map attached to the said deed. Defendants on the other hand claimed that Sirajbi Bibi was in possession of 1.14 acres of land from the western side of CS p......o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541...

Category: Property Law | Date: | Hits: 55

Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)

....ent May 26, 2010. Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Appellants. Asaduzzaman, Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 1. Asaduzzaman, Advocate, instructed by ASMK......ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ..

Category: Property Law | Date: | Hits: 49

Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)

.... effected, then the Adalat will direct for publication of notice for sale at least two daily national news papers by giving 15 days time, which is the minimum requirement of law. 8. In the case in hand, we noticed that by order dated 12th May, 2003 the executing Court fixed 14th June, 2003 for au......e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518...

Category: Civil Law | Date: | Hits: 90

Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)

.... Mia (since dead) in brief was that the lands covered by Settlement Khatian No.47 originally belonged to Zamindar Ayub Ali Chowdhury and the same was recorded in the Khatian No.47 in the name of Raj Chandra as Chakran Tenant. Subsequently the Zamindar took the said lands to his khash Khatian. Kamaru...... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248...

Category: Property Law | Date: | Hits: 91

Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)

....and others Vs. Abdur Razzaque reported in 4 ADC page 6. The learned counsel lastly referred the case of Abdullah and others Vs. Abdul Karim and others reported in 20 DLR (SC) 206. 11. On the other hand Mr. Abul Kalam Patuary with Mr. S.M. Hormuz Ahmed appearing on behalf of the plaintiff-appellan......Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242...

Category: Property Law | Date: | Hits: 72