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Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
....e of the canal. He has categorically stated that at the time of occurrence he was on the other side of the canal known as Katakhal, and saw the accused appellant Nasir Uddin Howlader along with other persons to go from South to north. He has further asserted that while they were crossing the place o...... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ......copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ...... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ..Category: Criminal Law | Date: | Hits: 30
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
....further submits that sub‑section (4) of section 15 of the Act provides that if the applicant sends such counter‑statement, the Registrar shall serve in the prescribed manner a copy thereof on the persons given notice of opposition and shall, after hearing the parties, is so required and consider...... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145.......l which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145....... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145...Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....boys and Lipi. Mizan and Faruque thereafter went back to their respective home and informed the incident to their relatives and the accused appellant Anowar Hossain Pintu accompanied by other accused persons came to the house of deceased Abdul Halim Chairman in an aggressive mood and gave a good bea...... not on the vacant land as indicated by letter A. There has thus been a contradiction with regard to the location of the place of occurrence. (5) Since the eye‑witnesses, PWs 2 and 3, are highly interested and partisan witnesses as they are close relations of the deceased Chairman and the infor......alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132.......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132...Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....ned Sessions Judge, Noakhali in Sessions Trial Case No. 28 of 2000. Accused Alamgir was all through an absconder and was tried in absentia. 7. Prosecution to bring home culpability of four accused persons put on witness box eleven (11) witnesses. 8. Defence adopted by accused persons was of in......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124...Category: Criminal Law | Date: | Hits: 31
Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)
....s were transferred on 9‑11‑2002 by Annexure B. The petitioner was transferred from Rangamati to Khagrachari and added respondent No. 6 was transferred from Khagrachari to Rangamati and two more persons were also transferred by the same order and it was mentioned therein that the transfers have......grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120.......on is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120.......grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120...Category: Employment/Service Law | Date: | Hits: 77
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....represent or be authorised to receive the licence and the apparatus, this can fully be dealt with by the Board of Directors, who, without any difficulty, can and would authorise the natural person or persons to whom the licence and the apparatus should be delivered. The minority shareholders, and in......, in accordance with the law of the land, hence the rejection of the licence to broadcast its programmes even only through a satellite channel was mala fide and was done at the instigation of certain interested quarters. While ETV was denied the required permission to broadcast its programmes throug......w awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91...Category: Information Technology Law | Date: | Hits: 230
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....section also clearly indicates that the secretary of a company holds a vital position in the company and is a part of the management. The learned Advocate then submits that those two most important persons carry on the day-to‑day affairs of the Bank and the Bank is run by those two officials. As......rt. In spite of his repeated requests and reminders the contemner‑opposite parties did not extend their co operation for holding the AGM for the years in question. It appears that the Bank is not interested in holding the AGM as evidenced from the fact dint they have challenged the order dated 1......om date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73...Category: Banking Law | Date: | Hits: 158
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
....d the case to the hilt inasmuch as they proved the taking part by the individual accused-appellants the occurrence and mere enmity between the parties in no way disproved the prosecution case, as the persons present have successfully proved the occurrence. He lastly submits that the person (PW 3) wh......on the ground that medical certificate on this behalf has not been brought on record by not examining the concerned doctor. Added with this, lie further claimed that non-examination of independent/disinterested witnesses should not be the barrier for getting justice in a case of murder where the nea...... of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69....... Send 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: 56 DLR (2004) 69...Category: Criminal Law | Date: | Hits: 28
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
.... Send 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: 56 DLR (2004) 65....... that the learned trial Court failed to consider that the prosecution intentionally withheld the neighbours who were examined by the investigating officer during investigation, but has come with some interested witnesses who, for obvious reason, corroborated the prosecution case which ought not to h...... of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65....... Send 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: 56 DLR (2004) 65...Category: Criminal Law | Date: | Hits: 88
Reaz Shahid @ Milon Vs. State, 2001, 30 CLC (HCD)
....g with two others were arrested. 3. Police after investigation submitted charge-sheet against accused-appellant and five others under sections 10/12 of the Ain of 2000 showing three of the accused persons absconding. 4. The case was sent to Jananirapatta Bigna Shristi Kari Aparad Damon Tribuna...... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385.......t to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385....... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385...Category: Criminal Law | Date: | Hits: 34
Karam Ali Vs. State, 2001, 30 CLC (HCD)
....n that he along with 7/8 of his companions were preparing for committing dacoity at the Kumudini Jute Godown, Narayanganj. 3. The police after usual invest submitted charge sheet against 4 accused persons including appellant Karam Ali, under sections 399/402 of the Penal Code to stand trial befor......and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378.......on of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378.......and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378...Category: Criminal Law | Date: | Hits: 97
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
....alse personation. Ultimately, it transpired that the real Haji Asgar Ali did not open savings account No.5131 at the Corporate Branch of Janata Bank nor did be deposit any cheque therein. The accused persons, in collusion with each other, falsely passed accused Md. Ali Hossain as Haji Asgar Ali and ...... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ......s not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ...... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ..Category: Criminal Law | Date: | Hits: 40
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
....rd “document” used in section 205C of the Code of Criminal Procedure, should be transmitted along with the record and due to the failure on the part of the prosecution in this regard, the accused persons were highly prejudiced. He has also submitted that as those statements were not transmitted ...... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ......f the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ...... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ..Category: Criminal Law | Date: | Hits: 45
Salim (Md.) Vs. State, 2001, 30 CLC (HCD)
....t on hearing cries of Mohsena Khatoon PWs 1, 4, 5, 6 and 7 came to the scene and saw Mohsena with extensive burn injuries on her person. She also stated that she stated to all the witnesses and other persons present at the spot that she had seen accused Salim going away from the scene after setting ......ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......or a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359...Category: Criminal Law | Date: | Hits: 53
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....remises of the factory, teachers together with other employees of educational institutions like School and College of the factory, staff member of Medical Center and Hospital as voters. The aforesaid persons do not fall within the category of workers as defined in the Industrial Relations Ordinance,......f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......ds at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......for holding the election. The Election of Upa-parishad of the factory enlisted pesh Imam, Muazzins of the Mosque situated within the premises of the factory, teachers together with other employees of educational institutions like School and College of the factory, staff member of Medical Center and ..Category: Labour and Industrial Law | Date: | Hits: 99
Category: Property Law | Date: | Hits: 72
Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)
....nce of Taka 200 for the plaintiff and Taka 200 for each of the 3 children and directed the defendant petitioner to pay Taka 55,200 within 60 days and to pay Taka 800 as maintenance of the aforesaid 4 persons within 7 days of the following month. 5. Defendant petitioner preferred Family Appeal No.......d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......6 BLD (AD) 61 = 48 DLR (AD) 110, Abdur Rahim vs. Arifur Rahman, 50 DLR 166. Lawyers Involved: Moqbal Ahmed, Advocate—For the Defendant Petitioner. Khurshid Alam Khan, Advocate—For the Plaintiff-Opposite Party. Civil Revision No. 1899 of 1995. Judgment Md. Abdus Salam J. - In th......d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ..Category: Family Law | Date: | Hits: 186
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....ree-holder in possession.” A mere look at the aforesaid provision shows that under sub-clause (1) a writ for actual physical possession can be straightaway sought and issued by the Court against persons occupying immovable property which is the subject-matter of decree provided such persons who......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ......……………Opposite Parties Judgment July 31, 2001. Cases Referred To- Md. Islam vs. Munshi Aabdur Rahman, 6 DLR 81, Md. Mokan Ali Lasker vs. Sekandarul Islam, 17 DLR 673; Ajiruddin vs. Rahman Fakir, 13 DLR (SC) 191; Safia Khatun vs. Mahbubur Rahman, 13 DLR 753; Shah Abdul Hamid......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ..Category: Property Law | Date: | Hits: 29
State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)
....ated, is that at about 5-00 PM on 12-6-86 after prayer time victim Abdul Mabud Master was coming home from Kuddukhali Launch Ghat by ‘Ferdousi Road’ and when he came near the house of the accused persons, accused Rashid Ahmed and 17 others, being armed with deadly weapons like knife, kiris, lath......hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ......ong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ......hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ..Category: Criminal Law | Date: | Hits: 76
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....t in their house for the next day also and that on the next day on 2-11-89 at about 11-00/11-30 PM the appellant again violated her against her will and the victim girl (P.W.2) recognised the accused-persons in the light of kupi which was burning in the room at that time. On 3-11-89 at noon said Anw......is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ......and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ......is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ..Category: Criminal Law | Date: | Hits: 32