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State Vs. Raisuddin and others, 1996, 25 CLC (HCD)

.... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ......that the witnesses such as P.Ws.2‑6, 8 and 9 are all partisan and interested witnesses. P.W.18 Asia Khatun is also a highly interested witness as she has animus towards the accused. It is a settled principle of law that the evidence of partisan, interested and inimical witnesses should be consider...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ..

Category: Criminal Law | Date: | Hits: 104

Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)

....mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568....... 1961). ii. Whether the verdict, of acquittal absolving accused-respondent of the charge installed against him can be sustained in law. 4. In approaching the question a legal survey on laws and principles of interference and non­interference of a Judgment of acquittal may be meditated. 5. ...... 36. Sub‑section (5) of section 6 of The Ordinance 1961 enjoins that any man who contracts another marriage without the permission of the Arbitration Council shall (a) pay immediately the entire amount of the dower, whether prompt of deferred, due to the existing wife or wives, which amount, if..

Category: Family Law | Date: | Hits: 165

State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)

....tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ......tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ......tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ..

Category: Criminal Law | Date: | Hits: 79

Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)

....he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......lowed the Pre­emption Miscellaneous Case No.54 of 2000 illegally occasioning failure of justice; that the learned District Judge found that the market value of the case land was much higher than the amount mentioned in the kabala and as such, rightly disbelieved the impugned kabala as sub-kabala mo..

Category: Property Law | Date: | Hits: 88

Bazlu Talukder and 2 others Vs. State, 1995, 24 CLC (HCD)

....t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ......ixture of falsehood so that it becomes impossible for the Courts to separate the grains of truth from mass of chaff, then such evidence of a witness must be rejected as a whole. 13. Following this principle we hold that there are sufficient evidence to hold definitely that appellant Bazlu was the......t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ..

Category: Procedural Law | Date: | Hits: 85

Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)

....he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......hat in imposing fine of Taka 300.00 the learned Trying Court violated the mandatory provision of section 9 of the Criminal Law Amendment Act, 1958 by imposing a token fine which is much less than the amount of this appropriation of Taka 61,000.00 and odds. 10. Accordingly, the appeal is allowed. ..

Category: Criminal Law | Date: | Hits: 95

Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)

....refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ...... the solemn promise made by the appellant incurred huge expenditure and if the appellant is not held to its promise, the respondent would be put in a very disadvantageous position and, therefore, the principle of promissory estoppel can also be invoked in this case". With the above observation Ju......refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ..

Category: Fiscal/Taxation Law | Date: | Hits: 204

Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)

.... of the facts, circumstances and evidence on record, the learned Joint District Judge, Bogra passed the Judgment and decree dated 12.06.2002 in preliminary form awarding Taka 7,03,476/- payable in 12 installments. 6. Being aggrieved and dissatisfied with impugned Judgment and decree dated 12.06.2......and complete justice to the parties. Provisions for the amendment of pleadings are intended for promoting the ends of justice and not for defeating them. 19. We think that it is a well established principle that the object of Courts is to decide the rights of the parties and not to punish them fo......dge) Artha Rin Adalat, Bogra against the defendant respondent praying for recovery of Taka 39,49,957.00 as on 31.05.2000 and further prayed a decree of interest as 18% till realization of the claimed amount and also prayed for a final decree for selling the Mortgaged property described in the schedu..

Category: Civil Law | Date: | Hits: 117

Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)

....ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ......uch and hence, sub section (1)(b) of section 8 was beyond any qualm, applicable, whereas sub section (1)(b) has no role play in the instant case as it is entirely dependent on section 8(1)(a). The principle enunciated in Pak PWD case, is therefore out of the instant cases context. 14. In view ......0000.00 at least. The opposite party sustained loss on several other counts as well and by accumulating claims for compensation etc. under different heads, laid a demand to the petitioner for a total amount of Tk. 5663803.00. Despite recurring request the petitioner gave no heed to the said demand, ..

Category: Alternative Dispute Resolution | Date: | Hits: 218

Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)

....nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256.......Court Division affirming the order of the trial Court has committed fundamental error of law. The learned Advocate further contended that the High Court Division has totally failed to consider the principle laid down in the decision reported in 19 DLR (SC) 198 and thereby, upholding the order of ......g the order of the trial court. The learned Advocate further submitted that the High Court Division further failed to notice that the finding of the trial Court had prejudged the suit which is tantamount to the disposal of the suit and in view of such findings the High Court Division affirming th..

Category: Civil Law | Date: | Hits: 118

Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

.... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ......ndent did neither give any notice to the petitioner nor was the petitioner given any opportunity of being heard before issuance of the impugned order of termination which was a gross violation of the principle of natural justice. Hence the impugned order was liable to be declared to have been passed...... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 156

Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)

....l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ......l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ...... of any petition before Artha Rin Adalat under Order IX rule 13 of The Code for setting aside any ex parte decree passed by Artha Rin Adalat the petitioner is required to deposit half of the decretal amount or Bank Guarantee equivalent to the said amount and that failure to deposit the petition shal..

Category: Procedural Law | Date: | Hits: 84

Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)

....lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460....... detained by the respondents and the respondents are obliged under the law to return the detenu children to the lawful custody of the petitioner‑mother. He submits that according to the established principles of law it is for the interest and welfare of the children to be in the custody of the mot......omfort of the petitioner she was given a Pajero Jeep, 3/4 servants and a driver and to look after them one A. Rahim, a nephew of the respondent No.1, also was kept in the house and thereby spent huge amount of money more than 10 (ten) lakh since 1993 to June 1995. The respondent No.1 came back again..

Category: Family Law | Date: | Hits: 166

Md. Siraj alias Md. Sirajul Islam Vs. Ananda Furniture's, 2011, 40 CLC (AD)

....ot find substance in the submissions of the learned Advocate-on-record. Accordingly, the Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 167. ......rmed the said judgment and order committed no error of law. 10. The learned Advocate-on-record submitted that the learned District Judge as well as the High Court Division failed to appreciate the principle laid down in the decision reported in 18 D.L.R 109 that a still born suit should be buried......ot find substance in the submissions of the learned Advocate-on-record. Accordingly, the Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 167. ..

Category: Procedural Law | Date: | Hits: 133

Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)

....d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ......llful disregard of the law, and have volun­tarily given lease and this constituted fraud and the learned Single Judge ought to have held accordingly and proceed to decide the case on that basis. The principle of law enuncia­ted in the reported decision referred to above is in consonance with the w......t supplied by a mistake. Later on, the mistake being discovered they made a further demand and succeeded in obta­ining a decree. The question was whether they were estopped from demanding the excess amount. The Privy Council observed that the electric company was under a statutory duty to charge fu..

Category: Property Law | Date: | Hits: 146

Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)

....f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ......f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ......e is no latches on the part of auction purchasers and since the decree holder bank and Rupali Bank, Dewan Bazar, the two branches of the same bank it is their internal matter for sharing the decretal amount and on the same day confirmed the auction sale. 3. Mr. A.M. Ameen Uddin, learned Advocate,..

Category: Others | Date: | Hits: 140

Mazharul Haque Vs. Bulk Management (Bangla­desh) Ltd. and others, 1996, 25 CLC (HCD)

.... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ...... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ......ividend was declared for the shareholders. It is alleged that respondent Nos.2 and 3 in collusion with the Fertexim people in Hong Kong and Singapore have also been fraudulently misappropriating huge amounts of money earned by the Bulk Management. The respondent Nos.2 and 3 acting fraudulently and i..

Category: Company Law | Date: | Hits: 185

Agrani Bank, Janna Branch, Manikganj Vs. AFM Emamul Huq, 1998, 27 CLC (HCD)

....within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173.......within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173.......nducted and it was found that the reasons named in the list are all fictitious persons and the defendant who was the manager at the relevant time by practising fraud upon the bank misappropriated the amount allegedly distributed to the loanees for which he was liable to pay to the bank. 3. The su..

Category: Civil Law | Date: | Hits: 202

Manirul Huda Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Ramna, Dhaka and others, 2010, 39 CLC (HCD)

.... should be discharged outright. In the result, the Rule is discharged, however, without an order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325. ......ients placing confidence on their promise and relying upon such promise filed returns under section 82BB, hence subsequent issue of letter in violation of promise by the respondents is stopped by the principle of estoppel for which the impugned letter is issued in breach of the principle of estoppel......es, and other classes of tax payers whose income exceeds the statutory sum of money in any income year, will determine their own liability at the time of filing their Income-tax return and tender the amount of tax due along with the return. Thus, the assessee is to prepare his return of income befor..

Category: Fiscal/Taxation Law | Date: | Hits: 227

AKM Mozammel Huq Vs. Chancellor of the National University, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”. Gobinda Chandra Tagore J. - I agree This Case is also Reported in: ......“While I would prefer not to accept those limitations as if they placed any technical obstruction in the exercise of the review jurisdiction of this Court, I would accept that they would embody the principle on which this court would not, in the exercise of such jurisdiction. It is not because a c......d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”. Gobinda Chandra Tagore J. - I agree This Case is also Reported in: ..

Category: Administrative Law | Date: | Hits: 371