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Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)

....l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......lse and malicious news or views............................(11) On the basis of the defence plea or materials the criminal proceeding should not be stifled before trial when there is a prima facie case for going to the trial..................................(12) Lawyers Involved: Md. Shamim..

Category: Criminal Law | Date: | Hits: 81

Sylhet Pulp & Paper Mills Ltd. Vs. Chairman, Second Labour Court, Katalganj, Chittagong and others, 2006, 35 CLC (HCD)

.... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 275. ......dinance, 1969 against the petitioner-company claiming scale of Tk. 820-36-1468/-. in place of Tk. 620-20-980/- with retrospective effect from the date of their appointment. With a view to contest the case the second party-petitioner company filed a written statement denying the first party-responden..

Category: Labour and Industrial Law | Date: | Hits: 190

Jiban Kumar Barman Vs. M Abdul Hye, Chairman of the Election Committee and others, 1996, 25 CLC (HCD)

....ove finding we need not enter into merit of the Rules. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ......tuency and holding of election of a Co‑operative Society. Rule 16 provides for appointment of an Election Committee for conducting the election. Sub‑rule (1A) of the said Rule 16 provides that in case of a National Society, a Central Society or a primary society having a share capital of Taka 25..

Category: Election Law | Date: | Hits: 600

Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)

....ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......favour and along with Joy Mohan Barua, Mostafa, Sukumar Barua, Chandra Sekhar Barua and others kidnapped Putul and that he apprehends that they might have murdered Putul. Police investigated into the case and submitted charge sheet on 17-3-77 under sec­tion 364/34 of the Penal Code in the Court of ..

Category: Criminal Law | Date: | Hits: 103

Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)

....This Rule is ac­cordingly made absolute. Let the records be sent down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ......rhat who found the allegation to be true. The Sub-Divisional Magistrate, Faridpur then took cognizance of the offence and issued processes. After creation of a separate Sub-Division as Shariatpur the case was due to be transferred to the Sub-Divisional Magistrate, Shariatpur but during the transitio..

Category: Criminal Law | Date: | Hits: 104

Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)

....ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......ed person is guilty. As regards the burden of proof . . . the point in issue is to be proved by the party who asserts the affirmative and the burden of proof lies on the person who has to support his case by proof of a fact which is peculiarly within his own knowledge, of which he is supposed to be ..

Category: Criminal Law | Date: | Hits: 74

Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......isi be issued calling upon the respondent Nos.1 to 3 to show cause as to why their failure in discharging their statutory duties, namely to declare by notification in the official gazette that the LA case No.12/1996-97, in so far it relates to the petitioner's property, stands abated/revoked in comp..

Category: Civil Law | Date: | Hits: 170

Md. Atiar Rahman and others Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (AD)

.... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in:  ......edical test anybody is found to be incompetent to get state honorarium, his name would be deleted. The petitioners did not challenge the said notification and as such cannot get relief in the present case. 5. Mr. Md. Hosain Shaheed Quamruzzaman, learned Advocate appearing for the petitioners subm..

Category: Civil Law | Date: | Hits: 104

Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)

.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......d to pass such order…………………(16) The Magistrate is not bound by the police report, nor submission of the FRT creates any vested right in the accused…………………(19) In the case of an allegation of committing an offence that requires guilty mind, it is the natural person r..

Category: Criminal Law | Date: | Hits: 124

Stadmax Ltd. Vs. General Manager, Credit Information Bureau, Bangladesh Bank & others, 1998, 27 CLC (HCD)

....on in dispute rests in the information as disclosed by the Hon'ble Minister who received the same from respondent No.1 in the Parliament. And the information published in the Daily Star again has its root in the discussion made in the Parliament. It is contended that by disclosure of such informatio...... documents advised Mitsui Bank, Japan to pay LC value to Tokyo Tomin Bank. According to the advice, the full amount was paid. However, the vessel did not arrive with rice and the respondent 2 filed a case in Japan for realisation of the said amount of US$ 17,76,000.00. On 19‑3‑92 a settlement wa..

Category: Civil Law | Date: | Hits: 119

Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)

....t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ......he Customs Act, 1969 (Annexure-B). 3. It has been further stated that the petition­er lodged a General Diary being GD No.1162 dated 27-2-2001 with the Cantonment Police Station, Dhaka. A criminal case being Cantonment Police Station Case No.2 dated 5-3-2001 was also filed against the petitioner ..

Category: Fiscal/Taxation Law | Date: | Hits: 177

Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)

....t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ......suit after filing of the written statement the Managing Director of the petitioner company filed an application under Order VII Rule 11 of the Code of Civil Procedure on the ground that the aforesaid case is barred by limitation as per provision of section 46 (1) of the Artha Rin Adalat Ain, 2003 (A..

Category: Civil Law | Date: | Hits: 108

Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....btor petitioner. 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: 61 DLR (HCD) (2009) 760. ......al amount. We failed to discover any illegality in the impugned order. Moreover, we find that the impugned order dated 13-11-2005 in its entirety is well founded in the facts and circumstances of the case. So, the grounds urged and contentions advanced by the learned Counsel for the petitioner are n..

Category: Civil Law | Date: | Hits: 93

Enamul Haque Vs. State, 2010, 39 CLC (HCD)

....he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ......ent for both the parties to ascertain the possession and other relevant issues, the Magistrate can pass an order of attachment as per second proviso to section 145(4) of the Code, if he considers the case is one of emergency, to prevent occurrence of immediate breach of peace. An interim order of at..

Category: Criminal Law | Date: | Hits: 105

Abdul Mukit alias Mukim and others Vs. Additional Deputy Commissioner (Rev.) Moulvibazar and others, 2007, 36 CLC (HCD)

.... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 13. ......Upazilla, Moulavibazar for permanent injunction by impleading the opposite party Nos. 3 to 7 as defendants for restraining some of them from dispossessing the plaintiffs from the suit land. 3. The case of the plaintiffs, in short, is that the predecessor of the plaintiffs Abdul Kader, was a resid..

Category: Procedural Law | Date: | Hits: 165

Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)

.... omission made by the appellate Court is in respect of the clear findings by the trial Court about the deed of agreement for reconveyance and the subsequent deeds of sale as genuine. This goes to the root of the merit of the case. Since no relief could be granted to the plaintiffs without coming to ...... and re­numbered as Title Suit No.53 of 1998 and lastly it was transferred to the Court of Assistant Judge, Kashba, Brahmanbaria and re-numbered as Title Suit No.28 of 2004 for trial. 3. That the case of the plaintiffs-opposite parties, in brief, are that Pandit Chandra Rudra Paul and Swarup Cha..

Category: Property Law | Date: | Hits: 112

Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)

....ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ......J.- This Rule was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the order No.21 dated 30.08.2001 passed by the Subordinate Judge, 2nd court, Lalmonirhat in Miscellaneous case No.12 of 2000 (Brought under order 47 rule 1 of the Code of Civil Procedure) allowing an applic..

Category: Procedural Law | Date: | Hits: 162

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)

....ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ...... been taken already to reclassify the shipbreaking operation from the Orange-B category to the Red category requiring more stringent clearance process. This respondent further pointed out that in the case of vessels SS Norway and MT Alfaship, this respondent took all necessary steps to prevent the e..

Category: Environmental Law | Date: | Hits: 688

Provat Mondal and others Vs. State, 2012, 41 CLC (HCD)

....osed of. Let a copy of this order be immediately trans­mitted to each of the Courts below for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 182. ......on 144 of the Code of Cri­minal Procedure may be quoted below verbatim:— "144. (6) No order under this section shall remain in force for more than two months from the making thereof; unless, in cases of danger to human life, health or safety, or a likelihood of a riot or an affray, the Governm..

Category: Criminal Law | Date: | Hits: 74

Jahirul Haque Vs. State, 2011, 40 CLC (HCD)

....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......ode and sentencing both of them to suffer rigorous imprisonment for 10 years and also to pay a fine of Taka 1000 each, in default to suffer rigorous imprisonment for 6 months more. 2. Prosecution case in brief, as unfolded dur­ing the trial, is set out below: On 18-4-2001, at about 3-00 PM, ..

Category: Criminal Law | Date: | Hits: 83