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.... the factory of the plaintiff. He was working since 1984. Body of bus, grill, etc were made there. There was electricity. There was electric meter. They work 24 hours. He used to paint with spray and hand.
27. Nirajan Mondal was examined as PW4. He stated that he got works done from the factory ......ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
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Category: Property Law | Date: | Hits: 73
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
.... 23 DLR (SC) 25; Bangladesh Vs. Abdul Khaleque, 29 DLR (SC) 110; Bangladesh Vs. Abdul Mannan and others, 29 DLR 17 and Abdul Gafur Khan and others Vs. Bangladesh, 36 DLR (AD) 163. 16. On the other hand Mr. AKM Nazrul Islam, learned Senior Advocate, submitted that determination of price of the lan......hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ..Category: Property Law | Date: | Hits: 77
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....ion of those witnesses. 6. Mr. Shaikh A Awal, the learned Deputy Attorney‑General appearing with Mr. Saifuddin Md. Aminur Rahman, learned Assistant Attorney‑General for the State, on the other hand, submits as follows: (i) According to section 540 of the Code of Criminal Procedure the Cour......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....irming that of the learned Magistrate discharging the accusedÂ-opposite parties should be quashed. 8. Mr. Akram Hossain Amin, the learned Advocate for the accused‑opposite parties, on the other hand, submits that the learned Magistrate in exercise of his jurisdiction under section 241A of the ......h the case from the stage before discharging of the accusedÂ-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ..Category: Administrative Law | Date: | Hits: 223
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....tly, the arbitration clause perishes along with the settlement. The claims in such suit are not based on the contract rather outside the terms of the contract and the arbitration clause. On the other hand, defendant has denied the settlement. Its case is that the above letters were obtained under th......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....opolitan Sessions Judge, 2nd Court, Chittagong in Criminal Revision No. 78 of 2003 dismissing the same and affirming the order dated 8‑4‑2003 passed by the Metropolitan Magistrate, Chittagong in Chandgaon PS Case No. 1(3)/2003 corresponding to GR No. 128 of 2003 under sections 406/420/467/468/47......discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ..Category: Criminal Law | Date: | Hits: 45
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....petitioner. But Mr. Alam candidly concedes that the procedure in filing a case under section 138 of the Negotiable Instruments Act in the present case have been duly complied with. 4. On the other hand, Mr. MR Hasan, learned Counsel appearing for the opposite party No.1, Bank, by filing counter-a......r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ..Category: Banking Law | Date: | Hits: 237
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....as telephone operator in Lokpur Fish Company. His whereabouts cannot be traced out. He heard from the newspapers published on 29‑9‑99 that Ershad Sikder killed a boy of Jhenaidah, by breaking his hands and legs and pressing on his chest and thereafter his body was thrown in the river after faste......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....ate represented by the DC.................Respondent Judgment April 5, 2003. Cases Referred to- Rameshwar Dayal and others Vs. State of UP, AIR 1978 SC 1558; Bangladesh (State) Vs. Paran Chandra Baroi, 1986 BCR (AD) 225; Asadur Rahman alias Asad and others Vs. State, 1995 BLD 290; Ismail......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..Category: Criminal Law | Date: | Hits: 54
Ocean Containers Ltd. Vs. Government of BanglaÂdesh and others, 2002, 31 CLC (HCD)
....ing physical infrastructure facility like the petitioner company, the refusal by the NBR to allow such exemption is without lawful authority. 6. The learned Deputy Attorney‑General, on the other hand, contends that since the said undertaking of the petitioner company was identified by the NBR a......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250...Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
.... Narasimhulu Vs. Public Prosecutor, 1978 Cri LJ 502 = AIR 1978 (SC)429; State Vs. Abdul Wahab Shah Chowdhury and another, 51 DLR (AD) 242 = 4 MLR (AD) 291; Md. Ayub Vs. Md. Yakub, 19 DLR (SC) 38; Balehand Jain Vs. State of Medhya Pradesh, AIR 1977 (SC) 366; Gurbaksh Sing Sibbia Vs. State of Punjab, ......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241...Category: Criminal Law | Date: | Hits: 79
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
.... respondent and the Tribunal committed wrong in holding that the assessee is not hale to any taxation. 4. Syed Ishtiaq Ahmed, the learned Counsel appearing on behalf of the respondent on the other hand submits that this respondent is wholly a charitable institution and it has been established onl......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ..Category: Fiscal/Taxation Law | Date: | Hits: 99
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....of the suits are practically the same and the same has occasioned failure of justice. 7. Mr. Md. Khurshid Alam Khan, the learned Advocate appearing for plaintiff-opposite party No. 4, on the other hand, submits that the issues involved in the Partition No. 1819 of 1992 before the Subordinate Judg......In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149...Category: Property Law | Date: | Hits: 57
....pondent No. 1, Deputy Director, Bureau of Anti Corruption, Dhaka by its office memo dated 19-9-93 addressed to the Managing Director, Arab Bangladesh Bank Ltd. the present petitioner, directed him to hand over the documents and papers of 9 account holders by way of seizure to respondent No. 2 in ord......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145...
Category: Criminal Law | Date: | Hits: 41
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....ess at the aforesaid shop as a lessee under the Islamic Foundation. But the Islamic Foundation i.e. the appellant, took over possession of the said shop after the death of Ayesha Begum and refused to hand over the same in favour of the plaintiff Khairunnessa. Plaintiff Khairunnessa requested the app......1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ..Category: Property Law | Date: | Hits: 116
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....low erred in law in allowing pre-emption without awarding improvement cost to the petitioners. 6. Mr. Mansur Habib, the learned Advocate appearing for the pre-emptor-opposite-parties, on the other hand, submits that the learned Court of appeal below was perfectly justified in reversing the judgme......ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ..Category: Property Law | Date: | Hits: 56
Mukit and others Vs. State, 2011, 40 CLC (AD)
....inted weapon, on the chest of Fazir Uddin when Laich Uddin (P.W.1), the informant, resisted him. At that time accused Babul inflicted a blow with ballom on his chest. Salu inflicted a dao blow on the hand of Maruf Uddin (P.W.5), the informant. On hearing cries, it is alleged, other witnesses approac......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ..Category: Criminal Law | Date: | Hits: 49
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....” For the Opposite Parties. Criminal Revision No.1533 of 1993. Judgment Gour Gopal Saha J. - This Rule is directed against the judgment and order dated 28-6-93 passed by the Sessions Judge, Chandpur in Criminal Appeal No.69 of 1992 dismissing the appeal and upholding the judgment and order ......he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129...Category: Criminal Law | Date: | Hits: 67
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....nce case and, as such, the impugned order of conviction and sentence is not maintainable in law. 7. Mr. Kh Mahbub Alam, the learned Assistant Attorney-General appearing for the State, on the other hand, supports the impugned order of conviction and sentence and submits that the learned Courts bel......ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125...Category: Criminal Law | Date: | Hits: 68
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....ahman and another –Vs- Bangladesh Bank and others in same DLR at page 540, and the case of Md. Mostafa Kamal and others –Vs- Bangladesh Bank and others reported in 11 MLR, 377. 5. On the other hand, Mr. Md. Mizanur Rahman, learned Advocate appearing for the respondent-banks opposed the Rule a......dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 167
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