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Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
.... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ......ing the pendency of the instant proÂceeding, the informant, KMM Iqbal, Law Officer, Lever Brothers Bangladesh Limited, has been added as opposite party No.2 in this proceeding on 10-8Â2003 upon his application. 3. The informant, KMM Iqbal, being the Law Officer of Lever Brothers Bangladesh ..Category: Criminal Law | Date: | Hits: 81
Noor Alam Hossain Vs. State and others, 2006, 35 CLC (HCD)
....e him preferably within three months from the date of receipt of the judgment. Let a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 322. ......er obtained an order of stay for all further proceedings of Complaint Case No. 379 of 1990 pending as aforesaid. 2. The relevant fact to the issuance of the Rule as appears from the revisional application is that the Assistant Judge, Sadar, Natore lodged a complaint case being Complaint Case ..Category: Criminal Law | Date: | Hits: 40
AKM Shamsuddin Vs. Secretary, Ministry of Establishment and others, 2007, 36 CLC (HCD)
....ny merit in this Rule. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 312. ......€” For the Petitioner. Md. Jafar Imam, Assistant Attorney General — For the Respondents. Writ Petition No. 3422 of 2001. Judgment SM Ziaul Karim J.- This Rule Nisi was issued, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling up..Category: Employment/Service Law | Date: | Hits: 76
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ......eneral with Kazi Waliul Islam, Assistant Attorney-General—For the Respondent. Income Tax Reference Application No. 23 of 2000. Judgment Md. Abdul Wahhab Miah J.- This reference application under section 160 of the Income Tax Ordinance, 1984, (hereinafter referred to as the Ord..Category: Fiscal/Taxation Law | Date: | Hits: 64
Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
.... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ......bers of salish are important witnesses who have not been examined. Thus withholding of material witnesses from being examined make the prosecution case unworthy of credence. It is a rule of universal application that to convict a person for an offence of rape, the testiÂmony of the prosecutrix must..Category: Criminal Law | Date: | Hits: 38
Aminul Haque Shamim (Md) Vs. Government of the People's Republic of Bangladesh, 2003, 32 CLC (HCD)
....airs of the Republic. In view of the discussion made above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ...... Advocate‑ For the Petitioner. Not represented- the Respondents. Writ Petition No. 188 of 2003. Judgment Amirul Kabir Chowdhury J.- The petitioner Md. Aminul Haque Shamim has filed this application under Article 102 of the Constitution of the People's Republic of Bangladesh praying, in..Category: Constitutional Law | Date: | Hits: 213
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....result, this appeal is allowed. The parties are directed to bear their own costs. The impugned judgment and decree dated 4-9-1990 are set aside. The case is sent back on remand to the trial Court for fresh disposal of the suit in accordance with law after taking into consideration of the objections ......s informed to the defendant No. 1 by the Deputy Commissioner at Brahmanbaria by his memo No. 271/1(1)/LA dated 15-10-1985. 4. Then, on 2-5-1990 both the plaintiff and defendant No. 1 made a joint application for referring all the matters involved in the suit to the arbitration. They also agreed ..Category: Property Law | Date: | Hits: 31
Eastern Hardware Store Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....ision reported in 83 ITR 223 and 448 and 24 ITR 362 in support of his contention wherein it has been held that the assessee may raise a point of law before the Tribunal for the first time provided no fresh evidence is required to decide the issue. It appears from Annexure ‘A’ the income tax retu......not allow the exemption to the applicant on account of payment made for Life Insurance Premium and for purchase of Defence Saving Certificate. This reference is not opposed. 4. We have perused the application and the papers annexed thereto and considered the submissions made by the learned Advoca..Category: Fiscal/Taxation Law | Date: | Hits: 65
Md. Jamal Uddin Vs. Dr. ABM Morshed Alam, 2010, 39 CLC (AD)
....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. ......(From the judgment and order dated the 18th day of May, 2009 passed by the High Court Division in Criminal Misc. Case No.1576 of 2008). Order Mohammad Fazlul Karim J.- Delay is condoned. This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directed..Category: Criminal Law | Date: | Hits: 39
Abu Taher and others Vs. State, 2009, 38 CLC (AD)
....ned Counsel for the petitioners deserve consideration. Accordingly, leave is granted. The preparation of paper books is dispensed with as prayed for. Ed. This Case is also Reported in: ...... (From the judgment and order dated the 9th day of August, 2007 passed by the High Court Division in Criminal Appeal No.351 of 2000). Order Mohammad Fazlul Karim J. - Delay is condoned. This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directed..Category: Criminal Law | Date: | Hits: 31
Mrs. Rokeya Begum Vs. Chartered Credit and Co-operative Limited, 2010, 39 CLC (AD)
....dated 02.06.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1011. ...... 2009. (From the judgment and order dated the 2nd day of June, 2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008). Order Mohammad Fazlul Karim J. - This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directed..Category: Criminal Law | Date: | Hits: 45
M/S. Sagar Swamvar Vs. Bangladesh, 2010, 39 CLC (AD)
....e disturbed. In view of the above, we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ......ne Department, Agrabad, Chittagong, requesting for renewal of the licence of the trawler in question on the ground that on its prayer the concerned Ministry requested for renewal of the licence. This application proved that the authority did not issue licence to the appellant for commissioning the t..Category: Property Law | Date: | Hits: 34
Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
.... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123.......Petitioners. Not represented— the Opposite Parties. Civil Revision No. 4195 of 1999. Judgment Mohammad Abdur Rashid J.- The above Rule was obtained by third party upon making a revision application under section 115(1) of the Code of Civil Procedure against judgment and order dated 29-..Category: Property Law | Date: | Hits: 27
.... 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.
......ule 33 of the Bankruptcy Rules amongst other violations as mentioned in the grounds of this Writ petition.
4. Heard Mr. MR Hasan, the learned Advocate appearing for the petitioners and perused the application with annexures. No one appeared for the respondents nor any affidavit-in-opposition has ..
Category: Banking Law | Date: | Hits: 127
Khan and Company Ltd. Vs. Presiding Judge of the District Court and others, 2000, 29 CLC (HCD)
.... 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. ......such a suit is to obtain leave to appear and defend within 10 days from the service of summons upon him on 28th and 29th August were respectively Friday and Saturday and, as such, the defendant filed applications in each of the suits on 3-8-89 this time under Order XXXVII rule 3 CPC praying for leav..Category: Civil Law | Date: | Hits: 64
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
....r without jurisdiction but a question may be raised as to whether the accused was prejudiced by such joinder. In a particular case there may be necessity to set aside such a trial and direct a trial afresh. In the above cited case, it was further held that both The Special Powers Act and section 168....... 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)
....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. ......ls and WASA bills and the draft RS record in respect of the suit property has been prepared in the name of the appellant and as such, the proviÂsions of the Ordinance 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 ..Category: Property Law | Date: | Hits: 30
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
....without any order as to costs. The judgment and decree passed ex parte in OS 40 of 1990 is set aside. The application under Order IX rule 13 CPC is allowed. The trial Court is directed to hold trial afresh-giving opportunity to the parties for adducing evidences and the Assistant Judge is directed t......ha Rin Adalat, Noakhali in Miscellaneous Appeal No.1 of 1994 affirming the order dated 27-11-1993 passed by Senior Assistant Judge, Sadar, Noakhali, in Miscellaneous Case No. 87 of 1992 rejecting the application under Order 9 rule 13 of the Code of Civil Procedure. 2. Briefly, the facts for dispo..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ......No. 4842 of 2000. Judgment A K Badrul Huq J.- An order dated 23-10-2000 recorded by Senior Assistant Judge, Second Court, Dhaka in Title Suit No. 226 of 1985 rejecting plaintiff-petitioner’s application for local Investigation under rule 9 of Order 26 of the Code of Civil Procedure is under..Category: Administrative Law | Date: | Hits: 236
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......found that the finding of the Court of appeal below on the title and possession and the decision in the appeal was arrived at on misreading and non-consideration of the evidence on record and without application of any judicial mind. 17. It appears from the judgment and decree dated 24th May, 199..Category: Property Law | Date: | Hits: 39
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