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....t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment.
There will be no order as to cost.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 467.
......din died. Later on this Salahuddin died and his heirs have been duly substituted in this writ petition. Subsequently, the other heirs also filed an application for addition of party as petitioners in view of the facts that their names were required to be mutated in the record of rights in place of t..
Category: Property Law | Date: | Hits: 119
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
....y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......s alleged to have been put by the accused on the back side of the cheque it cannot be said that those are the signatures of the accused appellant in the face of denial by the accused appellant. In my view the signatures on the back side of the cheque in question are required to be examined and compa..Category: Criminal Law | Date: | Hits: 88
Mostafa Vs. State, 2012, 41 CLC (HCD)
.... with in any other case. Send down the Lower Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ......ase the absolute, control and conscious possession of the incriminating article is mandatory for convicting any person, but in the instant case we do not find any such evidence. Thus, we are of the view that it is a case of no evidence, accordingly, the order of conviction and sentence under the s..Category: Criminal Law | Date: | Hits: 59
Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
....k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ......icable in the instant case no offence of kidnapping was committed by the appellant due to voluntary desertion of her parents' house by the victim and staying with the accused for three months. In our view definition of kidnapping and abduction under sections 361 and 362 of the Penal Code cannot be a..Category: Criminal Law | Date: | Hits: 89
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ......rlocutory order passed by the Artha Rin Adalat. He submits that in the case of Sultana Jute Mills Limited and others Vs. Agrani Bank and others their Lordships in the Appellate Division have not viewed that no revisional application shall lie against an interlocutory order passed by an Artha Ri..Category: Civil Law | Date: | Hits: 171
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....rdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ....... The settled law is that amendment of pleadings may be allowed at any stage of the proceeding for the purpose of determining the real questions in controversies between the parties." 18. This view receives support in the cases of Md. Khaledur Reza Chowdhury Vs. Saleha Begum and others, 1997 ..Category: Procedural Law | Date: | Hits: 114
Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)
....ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......of the material facts renders his evidence/testimony doubtful. In such a case the Court should reasonably infer that the story of recognition of the assailants was a subsequent embellishment. Similar view taken in the case of Nawabul Alam and others Vs. State reported in 15 B.L.D. (AD) 55. So we are..Category: Criminal Law | Date: | Hits: 78
....ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
...... challenging the legality of the Arbitral Awards passed by the International Court of Arbitration. In this connection the relevant provisions of law are required to be referred to for having a better view of the dispute in question.
14. Order XXI Rule 29 of the Code of Civil Procedure reads as fo..
Category: Civil Law | Date: | Hits: 178
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ......epetitioner filed the supplementary affidavit with the new grounds. 9. Mr.Kamal-ul-Alam, the learned Advocate for the petition did not press the original ground on winding up order of Gonophone in view of the provision of section 3 of the Ain. Mr. Kamal-ul-Alam, forwarded before us a four-fold ar..Category: Civil Law | Date: | Hits: 154
Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)
....liberty at once if not wanted in any other connection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ......ামী মোঃ ফিরোজকে উল্লিখিত আগ্নেয়াস্ত্রসহ ধরিয়া ফেলিয়া ডাকচিৎকার দেই।” 7. In view of the FIR story the findings of the learned Judge that -the neighboring people having heard hu..Category: Criminal Law | Date: | Hits: 84
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
....the property in favour of Plaintiffs and their predecessors by deed dated 27.8.1975 and the three deeds did not stand operative lawfully. V. Deed of Defendant side could not be characterized to be erroneous in face of discrepancy occurred in respect of northern border of schedule in the deed date......n the deed dated 24.7.1956 and Plaintiffs cannot deserve any benefit from the mistake, as because Plaintiffs are to prove their case. VI. Correction episode of the deed is subjected to question in view of non-establishment of ownership of Shashi Mohan on plot No.398 of Cadastral Survey Khatian No..Category: Procedural Law | Date: | Hits: 155
State Vs. Rois Khan and another, 2009, 38 CLC (HCD)
....our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ......n i.e. 25 kg. In the facts of the given case it is well established that these two condemned prisoner are involve in smuggled into Bangladesh as smuggler this huge quantity of heroin. We are of the view that, the conviction and sentence passed under table 1(kha) of section 19(1) of the Narcotics C..Category: Criminal Law | Date: | Hits: 112
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
.... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ......hibit 1. 16. The above quoted evidence of P.W.s shows that all the P.W.s it their respective evidence disclosed that the plaintiff-petitioners are in possession of the suit land. Therefore, in any view of the matter it can be safely said that the finding of the learned Assistant Judge that the pl..Category: Property Law | Date: | Hits: 100
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ......pondent submits on the other hand that the case is not as simple as it appears to be. It is a case of organized crime deliberately committed by the concerned officials of the collecting bank with a view to making unlawful gain. Here in the case the collecting bank is found involved in opening acco..Category: Business or Commercial Law | Date: | Hits: 548
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ......elling Poultry feed including fish; that on different dates the accused Md. Atiqullah Pathan (Dhanu) purchased fish feed from the complainant on credit for an amount of Taka 63,15,461,00; that with a view to adjust the said-outstanding dues; that accused issued a cheque on 09-12-2004 for an amount o..Category: Criminal Law | Date: | Hits: 84
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ...... been filed. Mr. Mohammadullah, the learned Advocate, filed affidavit‑in‑opposition and appeared on behalf of respondent No.4. Their case is that the petitioners knew everything of this matter in view of the fact that on such dispute different meetings were held where the petitioners participate..Category: Civil Law | Date: | Hits: 140
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
....ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......y executing a registered deed dated 11-6-1990 on a consideration of Tk. 50,000. 8. Defendant No.2 has always been keenly disposed to salvation of the departed soul of her husband. With that end in view she annually arranges religious ceremonies, namely, feasts for Brahmins and relatives; organizi..Category: Property Law | Date: | Hits: 107
Shasha Textiles Ltd. Vs. Registrar, Joint Stock Companies & Firms, 2010, 39 CLC (HCD)
.... Anjuman-e-Mofidul Islam, Office at Kakrail, Dhaka, and on furnishing receipt of payment the order may be drawn up, if so prayed for. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 173. ...... of Memorandum of Association could be confirmed. 8. On perusal of the contents of new sub-clause 22A proposed to be added in object Clause of Memorandum of Association of the Company, I am of the view that those relate to carry on its business more economically and more efficiently. 9. Accord..Category: Company Law | Date: | Hits: 132
Jesmin Ara Vs. Md. Abdul Karim, 2010, 39 CLC (HCD)
....ming those of dated 31-1-2006 passed by learned Senior Assistant Judge, Rajshahi rejecting an application for returning plaint of Money Suit No.4 of 2004, suffers from an error of law resulting in an erroneous decision occasioning failure of justice. 2. Material facts are that on 27-9-2007 plaint...... submissions. On the contrary, the legal pleas taken by learned Counsel for opposite party prevails and appears to have a good deal of force. 10. In the light of discussions made above I am of the view that the impugned order suffers from no legal infirmity which calls for no interference by its ..Category: Procedural Law | Date: | Hits: 122
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ......ed a good number of cases, including the case of 35 DLR 224 and held that a suit for declaration simpliciter in service matter without any prayer for consequential relief is maintainable. The similar view has been taken in the case of Nazir Ahmed Vs. Province of East Pakistan, 31 DLR 399 as referred..Category: Civil Law | Date: | Hits: 144
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