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Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
....ed Judge Nari-o-Shishu Nirjatan Daman Adalat is justified in convicting and sentencing the accused appellant under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000. 16. To appreciate the legality and impropriety of the impugned judgment, it is necessary to scrutinise the evidence with r...... woman of ill repute or easy virtue corroboration must be sought as a rule of caution and prudence. As per the submission of the learned Advocate for the appellant victim girl comes of a very lower status and she is proved to be woman of ill repute and easy virtue. In such circumstance, strong cor..Category: Criminal Law | Date: | Hits: 38
....e Judge, Narayanganj.
3. The appellant contested the arbitration cases by filing written objections stating that the Deputy Commissioner, Narayanganj, assessed the valuation of the lands acquired legally as per Government Circular. The appellant further claimed that there was not basis of claim ......ubstance in the submission of the learned Counsel for the appellant.
Accordingly, the appeals are dismissed.
Ed.
This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447...
Category: Property Law | Date: | Hits: 37
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
.... the Subordinate Judge at Brahmanbaria a decree, a. declaring the right and title of the plaintiff in the suit land; b. declaring the use and occupation of the suit land by defendant No. 1 is illegal, unauthorised and malafide. c. defendant No. 1 is not entitled to own the suit land under p......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128...Category: Property Law | Date: | Hits: 31
Eastern Hardware Store Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....or in the account itself and also did not arrive at any finding that on the basis of the account it is not possible to properly deduce income therefrom. The learned Advocate further submits that this legal aspect of the case was also not considered by the Appellate Tribunal in rejecting the appeal a......n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ..Category: Fiscal/Taxation Law | Date: | Hits: 65
Mainuddin Vs. State, 2010, 39 CLC (AD)
....t, the High Court Division upon a superficial consideration of the materials on record maintained the impugned order. He lastly submits that the material on record will prove that there is totally no legal evidence in support of the charge against the petitioner and as such, the learned Judges of th......in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 259..Category: Criminal Law | Date: | Hits: 24
Md. Jamal Uddin Vs. Dr. ABM Morshed Alam, 2010, 39 CLC (AD)
....he accused, complainant further deposited the cheque but the cheque was dishonored noting that the fund is insufficient on 24.02.2004. Having no other alternative on 04.03.2004 the complainant sent a legal notice through his Advocate stating all the facts to the accused petitioner with a request to ......r books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1016. ..Category: Criminal Law | Date: | Hits: 39
Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)
....onmohon Sheel and Morendra Nath Sheel were full brothers. The plaintiffs are the sons of Norendra Nath Sheel. Monmohon Sheel, husband of Shurdhani Sheel died before R.S. operation without leaving any legal heir excepting defendant No.2 as his wife. After the death of Monmohon Sheel his wife Shurdhan......of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ..Category: Property Law | Date: | Hits: 29
....tion 8(2) and 9(2) of the Act, for non-compliance of the same the Bankruptcy Case No. 2 of 1999 cannot be proceeded with as per law and same has been entertained without lawful authority and is of no legal effect. Section 28 of the Bankruptcy Act runs as follows:
(1) The Court shall dismiss a pla...... at liberty to dismiss the plaint. Accordingly this Rule is discharged with observation as made above. There shall be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 122.
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Category: Banking Law | Date: | Hits: 127
Khan and Company Ltd. Vs. Presiding Judge of the District Court and others, 2000, 29 CLC (HCD)
.... in all the aforesaid Title Suit Nos. 7, 9, 10, 11, 13, 14 and 15 all of 1998 pending in the District Court of Dhaka are hereby declared to have been passed without any lawful authority and are of no legal effect. The District Court is directed to dispose of all the aforesaid suits from the stage as...... were on 1-11-98 strictly in accordance with the provision of Order XXXVII CPC as quickly as possible. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 121. ..Category: Civil Law | Date: | Hits: 64
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
....95 and investigated the case. During investigation the alleged victim Atiar Rahman was recovered and his statement was arranged to have been recorded by a learned Magistrate, Chuadanga, observing all legal formalities. The investigating officer submitted charge-sheet against the present appellant an....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....dinance No.54 of 1985 have no manner of application as the appellant was in possession and no notice was served upon the appellant. So, the inclusion of the case property under Section 5(1) (b) was illegal. The Court of Settlement by its judgment and order dated 20-12-1994 dismissed the case of the ......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ..Category: Property Law | Date: | Hits: 30
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....udgment and order of conviction and sentence and obtained the Rule. 5. The learned Senior Counsel appearing for the convict petitioner at the very outset has submitted that the alleged victim is a legally married wife of the petitioner and in support of his contention annexed a kabinnama, registe......ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ..Category: Criminal Law | Date: | Hits: 37
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
....n of law and also appreciating the findings of the trial Court came to the conclusion that the next friend alone has to prove that the person is of unsound mind on whose behalf he is representing and legally found that the next friend failed to prove the contention that Azizur Rahman is a person of ...... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ..Category: Property Law | Date: | Hits: 44
Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)
....the return under rule 17 of Order 5 of the Code made by the process server is merely in the form of a statement without any affidavit in the form of a solemn declaration, the court would be under a legal duty to examine the process server on "oath" as to the proceeding of service and may also make......end down the records to the court of Munsif at an early date. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147...Category: Procedural Law | Date: | Hits: 66
Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)
....is heard and disposed of by this judgment. 7. Mr. M.A. Wahab, the learned Advocate appearing on behalf of the accused-petitioners, submitted that the order of the learned Sessions Judge is illegal and passed in violation of the statutory provisions of law at the time when the statuary per......n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139...Category: Criminal Law | Date: | Hits: 30
....fter delaying the disposal of the petition for an unusual length of time ultimately rejected the prayer by his impugned order dated 23.4.86. The said impugned order was arbitrary, mala fide as also illegal.
3. The respondent No. 1 filed affidavit-in-opposition wherein it was stated that the resol......mpugned resolution is quashed and the impugned order is set aside. These will be no order as to costs.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 136...
Category: Administrative Law | Date: | Hits: 185
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
...., converted the order of dismissal into an order of termination with all benefits under the rules. The said order is challenged in this writ petition as being without any lawful authority and of no legal effect. 4. Mr. Md. Abdur Rashid, the learned Advocate appearing for the petitioner submits ...... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ..Category: Labour and Industrial Law | Date: | Hits: 124
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....mation as to the occurrence and the information being first in point of time was the F.I.R and statement recorded in Ext.1 being later in point of time made to the police during investigation was illegally taken into evidence by the trial Judge as the same is hit by section 162 of the Criminal Pro......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ..Category: Criminal Law | Date: | Hits: 27
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
....their contention that they stand discharged of the charges brought against them for continuation of the proceedings beyond the period of limitation and, therefore, the impugned orders passed were illegal and without jurisdiction. 5. From the side of the respondent-Corporation the argument is tw...... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ..Category: Employment/Service Law | Date: | Hits: 80
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....c and the amount was disbursed to the defendants, there were no raw materials in the mill against the said money. The plaintiff alleged that the defendant removed the loan money to different sector illegally and thereby cheated the plaintiff. It is further alleged that the defendants have defaulted ......0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ..Category: Civil Law | Date: | Hits: 85
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