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Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)

....der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ......t by the plaintiff under Order 22 of the Code of Civil Procedure, the trial Court has rightly dismissed the suit; (3) the plaintiff-Bank cannot get a decree of the unpaid loan neither against dead persons nor against the contesting defendant-respondent No.5 when the Bank is unable to return the g..

Category: Business or Commercial Law | Date: | Hits: 196

Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)

....ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......stated before the investigation officer that he heard about the occurrence from informant Firoz Mia. In his examination-in-cross, he stated that he heard from Firoz that his wife was murdered by some persons. 9. P.W.6 was also tendered. 10. P.W.7 was attached to Ramna PS on 9-5-87. He stated t..

Category: Criminal Law | Date: | Hits: 54

Raisuddin Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others , 1999, 18 CLC (HCD)

....rd appreciation for the arguments advanced by Mr. Razzaque. For the aforesaid discussion, the Rule is discharged but with no costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 313.......submission he says that if action is taken under the said provision of law it will create chaos in administrative system of the Government in that this will give sufficient (sic) have the in choosing person contrary to sub-rule (2) of Rule 10 of the Muslim Marriage and Divorces Rules, 1975. Mr. Razz..

Category: Civil Law | Date: | Hits: 83

Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)

....aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......e in ‘kha’ schedule property remains unspecified. Where the plaintiffs pray for declaration of title in respect of an unspecified area of land which relates to 8 annas interest out of a plot, the persons who are owners of the remaining shares of the plot are certainly necessary parties in order ..

Category: Property Law | Date: | Hits: 65

Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)

....lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......ned District Judge, is that the plaintiffs became owner of the suit land by purchase on the basis of registered kabalas but that the defendant No.1 was trying to lease out the suit land to some other persons and then the plaintiffs filed a non GR Case No.11 of 1983 under section 145 of the Code of C..

Category: Property Law | Date: | Hits: 68

Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)

....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669....... 20.5.54 Ext. 21(f) and Harendra Nath Saha on 20.5.54 Ext. 21(g), 450 bundles from Maliram Agar Walla on 1.7.54 Ext. 25 and 475 bundles from Nabi Hossain on 25.11.54 Ext. 21 (h); that the aforesaid 8 persons imported 420 bundles without import permit in contravention of import restriction and got th..

Category: Fiscal/Taxation Law | Date: | Hits: 125

Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)

....ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......atched away gold chain, Liton snatched 5,300.00 from his pocket and Lipo snatched away his Seiko 5 watch, Shiplo snatched away from his neck a golden chain. Accused Sohel, Mamun and other two unknown persons assaulted Khalil and Mitho causing seriously injuring to them when Mamun snatched away Taka ..

Category: Criminal Law | Date: | Hits: 84

Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)

....2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......that police of Batiaghata PS on receipt of an information that some dacoits would assemble at Jalma Ferry ghat for commission of dacoity in Dacop area, went to that Ferry ghat and when they found 5/6 persons boarding a trawler, suspected them to be members of the gang of dacoits and officer-In-charg..

Category: Criminal Law | Date: | Hits: 59

Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)

....d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......hey pleaded not guilty and demanded trial. 5. Prosecution examined fourteen witnesses and all of whom were duly cross examined by the defence. After close of the prosecution witnesses, the accused persons were examined under section 342 of the Code of Criminal Procedure to which they repeated the..

Category: Criminal Law | Date: | Hits: 70

Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)

....rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ......his Rule arises out of an order dated 14-9-92 passed by the Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Suit No.393 of 1987 exempting the plaintiff from the necessity of impleading 36 persons as defendants in the suit. 2. Short facts relevant for the purpose of the case are that o..

Category: Procedural Law | Date: | Hits: 67

Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)

...., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479.......utawalli or where there appears to the Board to be an impediment to the appointment of a Mutwalli the Board, subject to any order of a competent Court , may appoint for such period as it thinks fit a person to act as Mutwalli.” From the above it appears that the said provision has some similari..

Category: Trust/Waqf Law | Date: | Hits: 142

Almas Miah Vs. State, 2002, 31 CLC (HCD)

....ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ......possession of a forged or counterfeit note constitutes an offence under section 489B of the Penal Code. Section reads as hereunder, 489B. "Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency note or bank..

Category: Criminal Law | Date: | Hits: 87

Nazrul Islam Vs. State and others, 2002, 31 CLC (HCD)

....monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ......n. 11. Section 3 of the Special Powers Act of 1974 runs as follows: "3. Power to Make Orders Detaining or Removing Certain Persons.‑ (1) The Govern­ment may; if satisfied with respect to any person that with a view to preventing him from doing any prejudicial act it is necessary so to do, m..

Category: Criminal Law | Date: | Hits: 69

Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)

....Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572.......tive authorities according to arti­cle 112 of the Constitution; the service of the Jamadars and the drivers even if "two designation of employees does their duties almost similar work under the same person” the doctrine of equal pay for equal work will apply and thus, the Jamadars are entitled to..

Category: Employment/Service Law | Date: | Hits: 86

Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)

....sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ......Magistrate and that thereafter initiation of a proceeding on the basis of the prosecution report submitted by the Assistant-Inspector of the Bureau of Anti-Corruption and that holding of trial of the person against whom prosecution report was submitted as seen from the judicial pronouncements is not..

Category: Criminal Law | Date: | Hits: 75

AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)

.... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274....... (XXVI of 1957), hereinafter in brief the Act, asking the petitioner to submit statement of properties, movable and immovable, in his name or in Benami, in the name of his wife and in the name of the persons dependent on him as well as of liabilities in the prescribed form within the specified time...

Category: Criminal Law | Date: | Hits: 62

Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)

....ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ......w P.W.4 Asad came out of their house asked the said two accused why they had attacked Tofazzal. At this accused became agitated and asked accused to bring his gun from his house to finish time wicked persons. Then accused Feroja, wife of accused Kader brought out the gun and cartridges from their ho..

Category: Criminal Law | Date: | Hits: 64

Manjurul Haque and 12 others Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others, 1999, 18 CLC (HCD)

....respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 261....... and 3750 of 1997. Judgment Kazi Ebadul Hoque J.- In all these Rules question has been raised as to whether some area from the areas of the existing Nikah Registrar can be curtailed and another person can be appointed as Nikah Registrar under the second proviso of section 4 of the Muslim Marri..

Category: Civil Law | Date: | Hits: 89

Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)

.... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252.......attested the seizure list Ext. 1. We have already noticed that except vague suggestion made in cross examination to the P.W.1 of falsely implicating the accused in the case being unduly influenced by persons inimical to the accused there is no other suggestion of his oblique motive for falsely impli..

Category: Criminal Law | Date: | Hits: 73

Golam Mostafa Miah (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Establishment and others, 1988, 17 CLC (HCD)

....without lawful authority and are of no legal effect. In the result the Rule is made absolute without however any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 248.......egated to him by the CMLA played a key role in dismissing the petitioner. It is contended that under MLO No. 9 the CMLA is the sole arbiter and he has the exclusive authority and power to dismiss any person from service. The power of the CMLA cannot be delegated to anyone else. But in the instant ca..

Category: Employment/Service Law | Date: | Hits: 73