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Norendra Chandra Dash and others Vs. Md. Solaiman Chowdhury & others, 1997, 26 CLC (HCD)
.... In the result, the Rule is made absolute. The impugned order dated 2-3-91 is thus set aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ...... In the result, the Rule is made absolute. The impugned order dated 2-3-91 is thus set aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ......e land with her husband and children. In 1985 defendant No.5 proposed to sell his portion and share in the ejmali property and the plaintiffs having agreed to purchase the same paid the consideration money to defendant No.5 in presence of witnesses. Mention may be made that the lands in question are..Category: Property Law | Date: | Hits: 98
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
.... of acquittal or conviction and that unless the earlier trial was a lawful one which might have resulted in a conviction the accused was never in jeopardy. (RV Bates, (1911) 1KB 964). 17. Thus the whole basis of section 403(1) of the Code of Criminal Procedure as well as Article 35(2) is that the......eported in 19 DLR 255 and in the course of reply Mr. Khondker Mahbubuddin Ahmed relies on the decision reported in 3 DLR (FC) 518 and submits that if the order of fresh trial is maintained that would amount to double jeopardy and his client will suffer twice for the same offence for no fault of his ......a number of persons including respondent No.3 claiming damages for malicious prosecution and wrongful imprisonment. It further appears that the respondent No.3 who is defendant No. 4 in the aforesaid money suit has submitted an application before the learned Sessions Judge, Noakhali, that is respond..Category: Criminal Law | Date: | Hits: 56
....the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231.......red by the Labour Court, petitioner did not pay all the benefits that the complainant was entitled within 30 days, that accused deposited only Taka 12,512,50 and that he failed to deposit the balance amount of Taka 28,694,50. The Labour Court by order dated 1‑7‑1989 took cognizance of offences m......h an offender only for refusal or failure to comply with a definite order made by it under section 25 of the Act. In the earlier judgment of the Labour Court, if it can be ascertained that any sum of money was directed to be paid but the offender refused or failed to pay the said ascertained sum as ..
Category: Labour and Industrial Law | Date: | Hits: 184
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ......tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ......tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ..Category: Property Law | Date: | Hits: 51
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......such illegal realisation of rates by the respondents the petitioners’ lawyer Mr. Rafique-ul-Huq issued notice demanding justice to the respondents on 6-11-1997 to desist them from charging the full amount and to refund the excess amount so far realised. The respondents, however, did not give any r......ed this petitioner that a petition might be moved afresh before the High Court Division. It is also stated that respondent No. 1 made it clear before the Appellate Division that it would refund their money so far realised under challenge. 3. The respondents resist the Rule by filing affidavit-in-..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
.... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ......pproved on 27-8-77 and thereafter notices under section 5(2) were served upon the petitioner and other persons having claim in the land on 8-6-79. The requiring body deposited full compensation money amounting to Taka fifty lac in favour of the land acquisition authority and the requisition and acqu...... was approved on 27-8-77 and thereafter notices under section 5(2) were served upon the petitioner and other persons having claim in the land on 8-6-79. The requiring body deposited full compensation money amounting to Taka fifty lac in favour of the land acquisition authority and the requisition an..Category: Criminal Law | Date: | Hits: 37
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......se were handed over to Bangladesh Muktijodda Kallyan Trust on 28-2-78. While the said Madina Tannery including other tanneries had been under the management of the Bangladesh Tanneries Corporation an amount of Taka 1,00,000,00.00 as non-development loan from ADP fund was sanctioned on 29-9-75 in the......o why their predecessor Bangladesh Freedom Fighter Welfare Trust showed the said loan as long term loan in their Enterprise profile. The petitioner has further stated that out of the total quoted bid money amounting to Taka 90,00,001.00 the petitioner deposited 25% of the quoted price i.e. Taka 22,5..Category: Others | Date: | Hits: 95
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43.......d claimed to be tried putting forward a defence that Zainal Abedin and Eshahque were the real culprits but the informant, his brother and mother compromised the case with them after realising a large amount of money. The accused-opposite party Abdul Khaleque did not come to the terms and raised obje......to be tried putting forward a defence that Zainal Abedin and Eshahque were the real culprits but the informant, his brother and mother compromised the case with them after realising a large amount of money. The accused-opposite party Abdul Khaleque did not come to the terms and raised objection to t..Category: Criminal Law | Date: | Hits: 42
Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)
....y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40.......y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40.......h Sabuzbag police station against the accused petitioner alleging, inter alia, that the petitioner in capacity as Assistant Accountant prepared salary bill and other vouchers more than the sanctioned money and thereby misappropriated Taka 55,468,42 (Annexure A). 3. It is submitted that the accuse..Category: Criminal Law | Date: | Hits: 62
Harun and others Vs. State, 1998, 27 CLC (HCD)
....direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......void the notice the accused petitioner had given wrong address in his application for bail presented to the Court. The learned Sessions Judge also took the view that the act of the accused-petitioner amounted to disobedience the Court. By order dated 20-3-97 learned Sessions Judge in reconsideration......State that Abdus Sattar, the Manager of the shop of victim Ratan Mia, Ful Mia and Khorshed Ahmed in their statements recorded under section 161 of the Code of Criminal Procedure stated that over some money transaction a serious dispute cropped up between the accused-petitioner Md. Hanif and the vict..Category: Criminal Law | Date: | Hits: 65
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
.... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ......ferring an appeal to the Government under section 28 of the BSTI Ordinance, 1985. 20. To our query, Mr. Rafique-ul Huq submitted that inability to grant a licence expressed by the BSTI was not tantamount to rejection of the application made by the petitioners for a licence and consequently, the p...... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ..Category: Others | Date: | Hits: 182
Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
....ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ......Advocates, appearing for the contesting parties, decreed the suit in part ordering that the plaintiffs may get the suit land through registered deed on deposit of Tk. 21,74,544/-being the highest bid amount offered plus 2,60,945.28/- being 12% of the said Tk. 21,74,544/- as solatium plus Tk. 2,17,46......e entitled to purchase the suit land at the price offered by the highest bidder i.e. defendant No.5 and that the defendant No.5 is entitled to get solatium together with the amount paid by him as bid money and for stamp duty and other expenses incurred by him. In arriving at its decision the Trial C..Category: Property Law | Date: | Hits: 58
Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)
....e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......e open the door of the house of the informant at, about 23-00 hours on 12-11-91 and forcibly took away the victim Meherjan and married her and raped her against her will. They also decamped with cash money and other valuable articles (Annexure F). 5. This kind of omnibus statement of allegations ..Category: Criminal Law | Date: | Hits: 50
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....lude the value as determined under section 25 and any amount of duty imposed under section 18, 18A or 18B and the amount of duties that may have become payable in consequence of the withdrawal of the whole or any part of the exemption or concession from duty whether before or after the conclusion of......n force or any decision of any Court for the purposes of section 30, the value and the rate of duty applicable to any goods shall respectively include the value as determined under section 25 and any amount of duty imposed under section 18, 18A or 18B and the amount of duties that may have become pa......For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ....... The learned Judge heard the Miscellaneous Case on maintainability and rejected the same by the impugned order dated 10.3.2010 on the ground that the petitioners did not deposit 25% of the decreetal amount according to section 32 (2) of the Artha Rin Ain, 2003 (in short “the Ain, 2003”). 3. ...... held: “In a case like the present one the petitioners are not required to file an application under section 32 of the Artha Rin Adalat Ain and as such they are not required to deposit security money under the said section. Since the application filed by the petitioners under Order 21 Rule 58 ..Category: Civil Law | Date: | Hits: 183
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
....the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ......the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ......ed, which her husband was cultivating; that following the second marriage of her husband, she was ousted from her own house and took shelter to him (defendant) with her daughter; that he spent lot of money for her treatment and she herself declared that she would transfer her land to him; that she h..Category: Property Law | Date: | Hits: 54
Md. Chand Miah and others Vs. Md. Ansar Ali and others, 2010, 39 CLC (HCD)
.... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......ancial constraint. However, they filed application for certified copy on 9.1.2008 and got it delivered on 10.2.2008. Despite getting certified copy, they could not come to Dhaka due to stringency of money. After arrangement of money, petitioner No.2 came to Dhaka and engaged Mr. Md. Taha Molla, the..Category: Procedural Law | Date: | Hits: 103
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......l Branch, Dhaka as plaintiff instituted Artha Rin Suit No. 33 of 2003 before the Artha Rin Adalat No.3, Dhaka against the defaulting borrower M/S Florida International and others for recovery of loan amounting to Taka 1,80,92,680.24 (one crore eighty lac ninety two thousand six hundred eighty and pa...... execution proceeding under the Artha Rin Adalat Ain, 2003. Sub-rule (3) of rule 83 under Order XXI excludes mortgage decree from application of sub-rule (1) and (2) of the said Order, but for simple money decree, Order XXI rule 83 (1) (2) of the Code will be applicable. Lawyers Involved: Shah..Category: Procedural Law | Date: | Hits: 95
Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)
....(1) of the Act. The view of this Division was set aside by the Appellate Division on the following view: “...............when it has been proved that the seized packets contained heroin then the whole of contents must be treated as heroin for punishment. It is not necessary for the prosecution ......l examiner attached with the CID at Dhaka deposed that on examination, he found presence of Chlorpheniramine maleate and codeine phosphate in the liquid of the bottle. He however, did not mention the amount or proportion of any of such substances in 100 ml of the bottle. 30. Mr. Awal submitted th...... not wanted in any other case. Send down the records. Let a copy of this judgment be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218...Category: Criminal Law | Date: | Hits: 90
....dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563.......dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563....... offence. Offence under section 17 is also punishable with all kinds of punishments including expulsion from the University. Offence under section 21 is punishable with fine and forfeiture of caution money. Offence under section 22 is also punishable with fine to expulsion.
26. Petitioner Subasis..
Category: Others | Date: | Hits: 116
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