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Ashraf Miah (Md.) Vs. State, 2003, 32 CLC (HCD)
....se No.38/1999 arising out of Tongi Police Station Case No.8(1)/99 now pending in the Court of Magistrate , Gazipur is hereby quashed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 509. ......se No.38/1999 arising out of Tongi Police Station Case No.8(1)/99 now pending in the Court of Magistrate , Gazipur is hereby quashed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 509. ......g under Police Station Tongi of Mouza Auchpara in Plot No.747 for a consideration of Taka 29,74,000. In pursuance of this contract, possession of the building was made over to him after receipt of an amount of Taka 12,74,000 with an understanding that the remaining balance amount of Taka 17,00,000 w..Category: Criminal Law | Date: | Hits: 99
Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)
.... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ......e of such Assistant Professor for twenty–three months the respondents were not authorised either to demote or reduce him in rank or pay without notice or proceeding, which is clear violation of the principle of natural justice. 6. Opposing the Rule, respondent No.4, Acting Principal of the Col...... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ..Category: Employment/Service Law | Date: | Hits: 147
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
.... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370.......ourt has no jurisdiction to pass any order against export proceeds of the letter of credit payable to a supplier by a commercial bank for any alleged dispute between the buyer and the seller, which principle have been followed in respect of international transaction under the international banking......and No. PB/EXP/LC 325/95 dated 27-2-1995. So, altogether in the aforesaid two L/Cs come to US $ 1,64,750. Subsequently price of both the L/Cs were amended by the buyer, and after amendment, the total amount stands to US $ 1,85,000. 4. As the plaintiff Messrs KN Enterprise is the beneficiary of sa..Category: Civil Law | Date: | Hits: 212
Abdul Majid Vs. State, 2003, 32 CLC (HCD)
....ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486.......cannot lead to the conclusion that she was abducted by the appellant. He further submits that there is no evidence or allegation that the victim was murdered. Since it is not a wife killing case, the principle will not be applicable as laid down by superior courts in several cases to the effect that......ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486...Category: Criminal Law | Date: | Hits: 112
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
...., we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483....... Counsel further submits that in the instant case the DCT without affording ample opportunity to defend to the assessee has passed the impugned order in question and thus the same is violative of the principle of natural justice. Mr. Bhuiyan further contends that since six of the creditors appeared ......one creditor did not respond to the notice. In the course of hearing the DCT examined the aforesaid 6 creditors in support of the claim of the assessee and by the impugned Order treated the aforesaid amount of Taka 12,50,000 as undisclosed income of the assessee-applicant as the assessee-applicant h..Category: Fiscal/Taxation Law | Date: | Hits: 200
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......Punjab Province and others, reported in AIR 19SB (Punjab) 351. In that case their Lordships have held as under: "In the absence of a clear statement of facts of which these pleas could be based no amount of evidence can be taken into consideration or regarded as sufficient in proof of any fact, i..Category: Property Law | Date: | Hits: 126
Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
....ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ......hich is a reference case wherein Mrs. B Garvese is the petitioner, reported in AIR 1950 (Mad.) 599 it is held as follows: “Where there is a specific punishment provided in a Special Act it takes principle of the general punishment under the Penal Code, but where there is no specific punishment ......ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ..Category: Criminal Law | Date: | Hits: 133
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ......sed persons are the proper person to explain as to how the death of Monowara took place. In reply the learned Advocate for the appellants submits that this argument is totally against the fundamental principle of criminal jurisdiction and provisions of section 101 of the Evidence Act presumably invo......ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ..Category: Procedural Law | Date: | Hits: 155
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......ssional statement Ahsan Ali never ever said that he and or the other accused-persons had in any way committed the murder or that they made the conspiracy to commit the said murder. 33. In order to amount to confession there should be a direct acknowledgment of guilt of the offence and such as wou..Category: Criminal Law | Date: | Hits: 132
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......dant No.1 failed to prove her part of the story and her alternative story broke down completely in cross-examination. 7. In the case of Jogesh Chandra Das Vs. Farida Hasan, BCR 1984 (AD)127 this principle of law, namely that the alternative case of the defendant needs to be fully established to......rding to her own statement, she is a lady not living in seclusion, that is the zenana, and having no communication with any male stranger except from behind the screen. She is a lady with a certain amount of worldly knowledge, she manages her own affairs according to her own understanding and ev..Category: Property Law | Date: | Hits: 133
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
.... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......rs, AIR 1918 (PC) 339; Abdul Jalil Sikdar and others Vs. Korshed Ali Dakua and ors, 27 DLR (AD) 143; In the case of Most. Ghulam Ilahi Vs. Muhammad Waris Khan, 10 DLR (FC) 174 it was held:- "The principle of law is that possession is not to be considered adverse if its origin can be referred to...... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335...Category: Property Law | Date: | Hits: 135
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......iddique, with Al‑Amin Sarkar, Advocates—For the Defendants. Admiralty Suit No.5 of 1997. Judgment ABM Khairul Haque J.-This Admiralty Suit has been instituted praying for a decree for an amount of US $ 84,131.63 equivalent to Taka 35,33,519.64, against the principal defendants on accoun..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
....entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457.......nder section 147 because every member of any unlawful assembly is guilty irrespective of whether he did any overt act or not. 10. I have perused both the cited cases. It is clear to me that the principle laid down in the case of Bangladesh Vs. Abed Ali is applicable in the facts and circumstan......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457...Category: Criminal Law | Date: | Hits: 109
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454.......essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454.......or at any time afterwards, the Court may in its discretion issue a warrant either with or without bail, for the arrest of such person and may make an order for the attachment of his property for such amount as it thinks fit, not exceeding the amount of the costs of attachment and of any fine which m..Category: Procedural Law | Date: | Hits: 137
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451.......e transferee stands in a fiduciary relationship with the lady.” 19. The suit is not hit by section 42 of the Specific Relief Act. From the definition of heba-bil ewaj itself and also from the principles of law involved it is clear that the transaction of hiba-bil ewaj is in fact a sale. Ther......onee, and (2) an intention on the part of the donor to divest himself in praesenti of the property and to confer it upon the donee (z). The adequacy of consideration is not material; but whatever its amount, it must be actually and bona fide paid (a) Such a transaction is called the heba-bil-iaz of ..Category: Property Law | Date: | Hits: 103
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447.......wo requirements are fulfilled by the plaintiff, only then he is entitled to get a permanent injunction. If we look to section 110 of the Evidence Act we find that this section embodied the well known principle of Roman Law that possession is prima facie proof of ownership and, when therefore, a pers......charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447...Category: Property Law | Date: | Hits: 103
Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
....entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ......entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ......re that the opposite party as plaintiff instituted the above mentioned family suit in the Court of Senior Assistant Judge and Family Court, Mohanganj, Netrakona against the defendant for prompt dower amounting to Taka 25,000.00 and her maintenance at the rate of Taka 500.00 per month on the assertio..Category: Family Law | Date: | Hits: 230
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
.... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452....... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452.......requested the BRTC to accommodate a sister concern of the said Company, M/s Nowapara Jute Mills Ltd, in the aforesaid portion of the premises; that the said Company had neglected to pay the aforesaid amount which was the legal dues to the BRTC for which the BRTC served a legal notice calling upon th..Category: Company Law | Date: | Hits: 317
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
.... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441.......e case is bad in law and should be set aside". It appears that in the present case one charge both under sections 460 and 302134 BPC was framed against all the accused persons. It appears that the principle of law enunciated in the above case is applicable in the facts of the present case. 34....... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441...Category: Criminal Law | Date: | Hits: 112
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
....r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......e, and the Civil Surgeon or other medical officer who made the report is dead or is incapable of giving evidence or is beyond the limits of Bangladesh and his attendance cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unrea..Category: Criminal Law | Date: | Hits: 86
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