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Masum and others Vs. State, 1996, 25 CLC (HCD)
.... any other case. Appellant No.14 Abdul Jalil and appellant No.15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ......tnesses, P.W.4 and P.W.8, were also injured. Thus subsequently granting of injury certificate can not make the doctor's evidence unreliable as canvassed by Mr. Majumder. 9. It is an accepted principle that an injured witness is not expected to name the wrong assailant so as to shield his re...... any other case. Appellant No.14 Abdul Jalil and appellant No.15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ..Category: Evidence Law | Date: 30 Jan, 1996 | Hits: 39
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
....tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ......on of section 39 (2) of the Sea Customs Act, 1878. It has been held therein that declaring a consignee a defaulter with penal consequences without giving him an opportunity of being heard offends the principle of natural justice. We have examined the language used in the two enactments and, accordin......e and Taka 20348.78 is refundable on the grounds of abatement of duty in proposition to the diminution in value of the Methanol. The respondent 6 requested respondent 4 to take step for refunding the amount of Taka 20,348.78 to the petitioner or to adjust the same with other taxes. The petitioner st..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)
....are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ......are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ....... In respect of proceedings of petition Case No.828a1/1991 pending in the Court of the Chief Metropolitan Magistrate, Dhaka, his contention is that the allegations of misappropriation by showing less amount in the books of accounts are fantastic and made only for the purpose of harassing the petitio..Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
....e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ...... and after giving the prosecution and the accused an opportunity of being heard, considers the charge to be groundless, he shall discharge the accused and record his reasons for so doing." 12. The principle, that an order prejudicial to an accused should not be made, without giving him an opportu......cases of discharge. 9. It was held by a Full Bench of Madras High Court in Appa Rao Mudaliar Vs. Janakiammal, AIR, 1927 (Mad) 19 (FB) that a dismissal order under sections 203 and 204 (3) does not amount to discharge. Therefore, no notice to the accused for further enquiry in such a case is neces..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)
.... held that the plaint cannot be rejected. For the reasons stated above this appeal is dismissed with cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 106. ...... held that the plaint cannot be rejected. For the reasons stated above this appeal is dismissed with cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 106. ......igh Court Division erred in not holding that the suit was barred under Order 23 rule 1(3) of the Code of Civil Procedure in that the dismissal of the plaintiffs' earlier suit for non‑prosecution amounted to a withdrawal of the suit and thus they were precluded from instituting the instant suit..Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257
Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)
....shan PS Case No.23 (9) 88 against the petitioners are hereby quashed. Send a copy of the order to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 218. ......shan PS Case No.23 (9) 88 against the petitioners are hereby quashed. Send a copy of the order to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 218. ......two lac in favour of petitioner No.1 Moulana Abdul Mannan and the money of the draft upon collection was credited to personal account No.933 of petitioner No.1 in Agrani Bank, Monakshali Branch. This amount of Taka two lac collected from the sale proceeds was given by accused Abdur Rahman to Petitio..Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......connection a reference may be made to a decision cited by Mr. Rahim in the case of Hajee Abdus Sattar Vs. Mahiuddin and others reported in 6 BCR (AD) 71. I have gone through the said decision and the principle enunciated therein is applicable in the instant as their Lordships held in the following l......tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
MA Malik Vs. State, 1994, 23 CLC (HCD)
....al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ......al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ......etter treatment there. However the petitioner refused to come to a compromise before payment of the dowry. At last she received from the petitioner’s lawyer a notice dated 21.11.92 demanding a huge amount, to which she sent a reply. It may be added, however, that on the very date of submitting the..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ......he books or expressing their views, the Government ought to have issued show cause notice before passing the order of forfeiture and since no prior show cause notice was issued, this has violated the principle of natural justice. The learned Deputy attorney-General, on the other hand, submits that i......8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ......f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ......39,999.00. At the time of marriage her father gave gold ornaments valued at Taka 14,000.00, a watch worth taka 15,000.00 and other house‑hold articles valued at Taka 10,000.00 and half of the dower amount was fixed as prompt dower. 4. During their marriage life, the plaintiff opposite party No...Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
....aintiff is allowed and the counter claim is rejected. In view of the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. ......estion, is the Artha Rin Adalat a Court subordinate to the High Court Division. In deciding this issue with regard to special statutes the superior Courts of this Subcontinent have formulated certain principles. If appeal lies from a special tribunal to the High Court then that special tribunal is s......nts. 2. The facts, as are relevant for disposal of the application, may be stated as follows: 3. The Sonali Bank, Agrabad Branch, Chittagong filed the aforesaid money suit for realisation of an amount of Taka 1, 98, 48,632.70 being the principal amount of loan including interest as on 31.1.88 ..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)
....sion of the High Court Division. The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ......eing entered into with the minor was void for want of mutuality. 2. Leave has been granted to consider whether the facts of the present case are in any way different as not to attract the principle laid down by the Privy Council in the aforesaid case. 3. The appellants, who ar......sion of the High Court Division. The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ..Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295
Shaban Ali Mia and Shukur Ali Khandaker Vs. State and Md. Harmuz Ali Mollah, 1994, 23 CLC (HCD)
....rder. The rule is accordingly discharged. The stay order granted by this Court is hereby vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (1996) 55. ......rder. The rule is accordingly discharged. The stay order granted by this Court is hereby vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (1996) 55. ......rruption lodged FIR with Kasiani Police Station, District, Gopalganj to the effect that the petitioner Nos.1 and 2 in connivance with each other misappropriated Taka 12,674.00 by withdrawing the said amount from the Bank by forging the signatures of four teachers of Parulia High School. The said amo..Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ......of which is in exclusive physical possession of the younger brother since 37/38 years as has been found by both the courts below. So, in the facts and circumstances of the instant case before us, the principle laid down in the cited case of AIR 1922 (Cal) at page 8 appears to be applicable. I, there......e in joint possession of the suit property with his elder brother Tufan Das, the payment of rent by Tufan Das can be presumed to be payment of joint rent and that Tufan Das at best can claim rateable amount of rent from the defendant opposite party, but for that joint ownership, of the defendan..Category: Property Law | Date: 17 May, 1994 | Hits: 3
Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)
....from the Sadharan Bima Corporation. The Rule is accordingly discharged, however, without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 292 ......from the Sadharan Bima Corporation. The Rule is accordingly discharged, however, without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 292 ......rty Rupali Bank instituted Title Suit No.12 of 1988 in the Court of the Subordinate Judge and Commercial Court No. 3, Khulna, for realisation of loan advanced to the defendant petitioner and the amount due stood at Taka 3, 30, 183.00 with interest on 31.8.1987, Subsequently the suit was renumbe..Category: Banking Law | Date: 24 Apr, 1994 | Hits: 1
.... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
...... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
......to pay a sum of Taka 1, 40, 52,942.00 only + costs of the suit to the plaintiff company within 60 (sixty) days from this day, failing which, the plaintiff company will be entitled to realise the said amount along with the costs of the suit through the process of the court by foreclosing the plaint s..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....the result, the appeal is dismissed and the impugned judgment and decree are affirmed. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ......& ors. reported in PLD 1960 (Karachi) 690 wherein it is held that an order passed by an inferior Court during the subsistence of a stay order made by a superior Court is an absolute nullity. This principle of law is well settled. Mr. Akhtar Imam has next referred to the case of Mst. Umda Begum &......the result, the appeal is dismissed and the impugned judgment and decree are affirmed. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
.... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251 ......2 was raised in the case of Mahtabuddin Ahmed Vs. Principal Secretary, President's Secretariate Dhaka reported in 1990 BLD (AD) 137 and while dealing with the same the learned judges approved the principle laid down in the case reported in 42 DLR 1. It is not disputed that the petitioner w...... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251 ..Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1
....judgment and decree passed by the trial Court is hereby affirmed.
Send down the LR Records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
......judgment and decree passed by the trial Court is hereby affirmed.
Send down the LR Records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
......rs weighing about 511.30 seers with bags from Mobarakganj Railway Station to Ambikapur Railway Station and requested the plaintiff to purchase the same. The plaintiff purchased the RR and advanced an amount of Taka 11,956.06 which was to be the value of the goods sent under the RR in the bill dated ..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ......ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ......hairman, accused Saheb Ali Miah, withdrew in all a sum of Taka 45,000.00 through three cheques from 18.3.1986 to 17.5.86. He spent a sum of Taka 37,868.59 only and did not do the work for the balance amount of Taka 7,131/41. He produced Master Roll for the project for a sum of Taka 29,955.09 only. T..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
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