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Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ......arties, to narrow down the area of conflict and to see where two sides differ and to prevent miscarriage of justice. 35. Rule 2 of Order VI of the Code of Civil Procedure lays down the fundamental principles of Pleadings. It reads as under: "2. Every pleading shall contain, and contain only a......as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ..Category: Property Law | Date: | Hits: 126
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
.... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......the prosecution case, not to speak of the fact that there was inordinate delay in holding Test Identification Parade together with evidences of enmity which raised a presumption of concoction. The principle enunciated in the decisions as referred to above by the learned Counsel for the condemned ...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ..Category: Criminal Law | Date: | Hits: 91
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......llowing issues were settled: (a) Was the case maintainable in the manner and form as framed? (b) Was the case barred by limitation? (c) Was the case bad for defect of parties? (d) Was the case hit by principles of waiver and acquiescence? (e) Was the pre-emptor entitled to pre-empt the transfer date...... the Circle Officer (Rev) purportedly again allowed separation and amalgamation of 1.8425 acre of land in the name of said Sudhir Kumar Das. But, in the orders space meant for writing Khatian No. and amount of rent is found vacant. No other evidence is found on record to prove that said Khatian No. ..Category: Property Law | Date: | Hits: 69
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
.... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ......rliamentarily language, the Judge ordering adjournment, etc. 16. Now let us see as to whether the facts and circumstances of the case are fit for transfer of the instant suit. 17. It is settled principle of law that the burden of establishing sufficient grounds for transfer lies heavily upon t......titioner (hereinafter referred to as petitioner) instituted a Money Suit being Money Suit No. 2 of 2003 in the Court of the learned Additional Joint District Judge, Narayanganj, for recovery of money amounting to Taka 27,14,28,735.33 as compensation from the defendants-petitioners-opposite parties (..Category: Civil Law | Date: | Hits: 92
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ...... the divine book revealed to the Holy Prophet (SM). The other sources are "Sunnah" which means the practice and the precedents of the Holy Prophet (SM). As a source of law, Hadis is as binding as the principles of the Holy Quran. 'Ijma' as a source of law has been established by agreement and consen...... 44. In the result, the Rule is disposed of with observations made hereinbefore. The plaintiff opposite party will get Taka 3,11,000 from the defendant-petitioner. The petitioner is directed to pay amount of Taka 3,11,000 to the plaintiff- opposite party within 3(three) months from the date failin..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......unsels for the appellants that there was any material illegality in the remand order dated 6-9-1998 without physical production of Shahid in the Court of the Magistrate. Accordingly, we hold that the principles laid down in the said case referred to by the learned Counsels are not applicable in the ......hey became inimical to Shajneen and they along with their husbands and others made a conspiracy which resulted in the killing of Shajneen. The other defence of the condemned prisoner Hasan is that an amount of Taka 1,42,00,000 remained due from his employer PW 2 Latifur Rahman in connection with the..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ...... Dakhalnama and boynama and the contesting defendants have proved their title by filing and proving the title deeds like kabuliyats, Dhakhilas, kabala and other relevant papers. It is the established principle of law that the parties on whom the onus of proof lies must, in order to succeed, establis......ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ..Category: Property Law | Date: | Hits: 70
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ......ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ......the DCT and the Appellate Tribunal acted illegally in not accepting the same as a whole. Mr. Altaf Hossain lastly submits that the Appellate Tribunal committed error of law in not allowing the entire amount of perquisites paid to the employees of the company, and, as such, the questions formulated i..Category: Fiscal/Taxation Law | Date: | Hits: 88
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ......e presented. The letter of credit is separate and distinct from the underlying contract between the seller and buyer. The issuing bank is concerned with the documents and not with the goods. But such principle is only subject to fraud exception and the issuing bank can refuse payment even after its ......e the postal article was dropped in the GPO Box of third defendant and it subsequently reached respective branch of third defendant KEB on 5‑7‑1993. Out of five sets, balance two sets of document amounting to 70% of letter of credit value. Fourth defendant issued the bills of lading without rece..Category: Business or Commercial Law | Date: | Hits: 289
AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)
.... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ...... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ......ssly appointed in an officiating capacity and until further orders, Government can at any time terminate his officiating appointment and revert him to his original position, even if such revision may amount to a review of the earlier order. It may, perhaps, be improper for a Prime Minister to..Category: Employment/Service Law | Date: | Hits: 66
Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......vide cheque No. 050673 dated 2-7-1985, Taka 10,00,000 vide cheque No. 050674 and Taka 85,000 vide cheque No. 050658 dated 25-8-1985 without entering the same in the ledger book and misappropriated an amount of Taka 30,85,000 only. It is also alleged that the aforesaid cheques were not posted in the ..Category: Criminal Law | Date: | Hits: 53
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
.... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ......mmencement of commercial production or not or whether the same were left only as installed or whether the same is used to meet the emergency supply of the demands of the buyers must be ignored on the principle of Wabbing and Belting's case. From the present case also we do not find that the 8 old ma......of electricity bill noted in the order sheet of the NBR. Upon perusing the electricity bill of September, 1999 to July 2001 the said Deputy Commissioner of Taxes opined that the chronological billing amount proves that the petitioner company started its commercial production with the help of the old..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
.... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ......ary Affairs 5 BLC (AD) 176 the Appellate Division accepted the view of the High Court Division that determination of age is a disputed question of fact which cannot be decided in a Writ petition. The principle expressed in the case referred to above fully applies in the facts and circumstances of th...... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ..Category: Election Law | Date: | Hits: 87
.... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law.
Ed.
This Case is also Reported in: 58 DLR (2006) 441....... the industry must be encouraged and (3) MC Mehta Vs. Union of India (2001) 9 SCC 235, which relates to sitting of brick kilos within 20 km radius of the Taj Mahal as a precaution in keeping with the principles of environmental management. He also referred to the decision in the case of Bangalore Me......in the layout plans, viz. open space, park, school, lake, etc., which are meant for the benefit of the community, cannot be changed to the detriment of the local inhabitants, as such change would not amount to improvement. In those cases also the public authority (RAJUK) wanted to use its land, i.e...
Category: Environmental Law | Date: | Hits: 483
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ..........Appellant Vs. State…………………………………………………………………..Respondent. Judgment May 10, 2005. Result: The appeal is allowed. Fundamental principle of criminal jurisdiction It is also the fundamental principle of criminal jurisdiction......d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ..Category: Criminal Law | Date: | Hits: 70
Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431.......ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431.......essing and Refrigerated Storage Equipment under Expansion and Modernisation Project of Rural Development Academy, Bogra. The petitioner and other bidders submitted tender accompanied by earnest money amounting to Taka 2.50 lac as Bank Draft according to the condition given in the tender notice. Afte..Category: Business or Commercial Law | Date: | Hits: 186
Solaman Vs. State, 2005, 34 CLC (HCD)
..... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ......ion evidence examination of the accused is mandatory and non examination of the accused under section 342 vitiates the trial. No explanation has been given as to why the accused was not examined. The principle has been supported by the reported case of Malu and others, Osman and others, Ratan Vs. St....... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ..Category: Criminal Law | Date: | Hits: 53
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ...... opportunity to explain the causes of delay and without giving any opportunity to the petitioner the learned Sessions Judge summarily refused to admit the appeal which is quite illegal and beyond the principle of natural justice. 12. It is further stated that in case of in absentia trial the limi......the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ..Category: Criminal Law | Date: | Hits: 65
Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)
....ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351.......by the co-accused Pijush Kami Barua, the appellant has been convicted which cannot be the sole basis of conviction in the eye of law. The learned Counsel empathically submits that this is the settled principle of law and cites a decision reported in 1998 BLD (AD) 43 in support of his contention. Bes......ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351...Category: Criminal Law | Date: | Hits: 59
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
....h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410.......f the evidence of PWs 2 and 3 we find that they did not disclose the material facts at the earliest point of time. Belated disclosure of material facts renders their evidence doubtful. In this regard principle of law has been settled. In the case of Asadur Rahman alias Asad and others Vs. State repo......h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410...Category: Criminal Law | Date: | Hits: 55
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