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Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)

....of 1996. Judgment Gour Gopal Saha J.- This Rule calls in question the order dated 12-96 passed by the Senior Assistant Judge, Narshingdi in Miscellaneous Case No.24 of 1994 setting aside the ex-parte judgment and decree dated 14-11-94 passed in Title Suit No.108 of 1988. By this impugned order......crutiny of the order sheet of Title Suit No.108 of 1988 it is found that after the suit came back on remand to the trial Court, the plaintiffs amended the plaint twice and obtained an order for local investigation beyond the knowledge of the defendant-opposite parties. Such important measures affect..

Category: Procedural Law | Date: | Hits: 58

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

.... Judgment Md. Sirajul Islam J.- This Rule under section 115 of the Code of Civil Procedure at the instance of the plaintiff respondent petitioner was issued upon the defendant appellant opposite parties 1‑4 to show cause as to why the order dated 19.11.92 passed by the District Judge, Habigan......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. ..

Category: Property Law | Date: | Hits: 68

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

....ot smuggled goods and the plaintiff acquired these on the basis of local purchases and that all the duties in respect of the aforesaid 1345 bundles of coir string of which the seized 958 bundles is a part were duly paid up." 8. In arriving at the aforesaid conclusions Court below relied on large ......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...

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

Mojibar Vs. State, 1998, 17 CLC (HCD)

....er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ....... came and saw the occurrence. Thereafter the complainant prepared the list of looted goods and consulted with local peoples and then lodged the FIR to the police station. investigating officer after investigation of the case submitted charge sheet against the accused appellant and others under sect..

Category: Criminal Law | Date: | Hits: 78

Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)

....istant Judge, Pirganj in the District of Thakurgaon, being Other Class Suit No.28 of 1991, praying for declaration of title in the suit land and for permanent injunction. 3. The defendant opposite parties contested the suit by filing written statement denying all the material allegations of the p......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504...

Category: Procedural Law | Date: | Hits: 91

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

....l Haque J Md. Hassan Ameen J Rana Madbar and others…………….Appellants Vs. State……………..Respondents Judgment July 6, 1999. Result: The appeal is allowed in part. Cases Referred to- Ahmed Ali Vs. Haji Abdur Rashid, 1991 BLD 11; Moti Mia Vs. State, 44 ......so recovered from Shamim Sarder with one loaded cartridge of gun. He also stated that from Jahangir, 9 live cocktails were recovered. He further stated that he lodged the ejhar and he himself took up investigation and submitted charge sheet against the accused persons under section 19(a) and (f) of ..

Category: Criminal Law | Date: | Hits: 59

Ismail Vs. State, 1999, 18 CLC (HCD)

....recorded under section 161 of the Code of Criminal Procedure, seizure list, sketch map, index, etc. If he has no opportunity to go through those important papers, naturally it was not possible on his part to defend the absconding accused properly. It is interesting to note that P.Ws.4, 5 and 6 who c......fargaon Hospital where he succumbed to his injuries at about 11-00 AM. Accused Ismail is full brother of the victim. As a result of family dispute over property, the victim was murdered by him. After investigation, charge sheet was submitted against the accused Ismail under section 302 of the Penal ..

Category: Criminal Law | Date: | Hits: 74

Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)

....il Procedure for restoration of possession on the ground that no executable decree was passed. 2. Short facts relevant for the purpose of the case are that, the predecessor-in-interest of opposite party Nos.1-8 as plaintiff instituted Title Suit No.52 of 1986 under section 14 of the Arbitration A......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ..

Category: Civil Law | Date: | Hits: 66

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

....ence did not adduce any evidence on their behalf. 6. The defence case, as could be gathered from the trend of cross-examination, is total denial and their inter alia case is that they did not take part in the occurrence as alleged, but police obtained their confessional statements out of physical......he dacoits looted away ornaments, cash money and other valuables worth Taka two lakh. The informant accordingly lodged the First Information Report with the local police station. 3. Police took up investigation, visited the place of occurrence, seized alamats of the case in presence of witnesses ..

Category: Criminal Law | Date: | Hits: 70

Tahmid Ahmed Vs. Jalaluddin Jafar Ali Husein, 1999, 18 CLC (HCD)

....rofit and loss account and the director’s report were not approved in a validly called board meeting due to non-service of notice of such board meeting on the objector as a director of the company, particularly when the objector attended those annual general meetings but failed to raise any object......ise closed and concluded by a proper hearing, vide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483...

Category: Company Law | Date: | Hits: 186

Shaikh Jahangir Hossain Vs. Government of Bangla­desh and others, 2001, 30 CLC (HCD)

....illegal and not binding upon him with a further prayer for specific perfor­mance of contract contending, inter alia, that in response to a public notice for sale of the unused lands of the Railway Department through tender, the plaintiff submitted two tenders to the concerned authorities for two pl......udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ..

Category: Civil Law | Date: | Hits: 82

Bangladesh Chemical Industries Corporation (BCIC) and another Vs. Zia Fertilizer Company Limited Workers and Employees Union and others, 2011, 40 CLC (AD)

....r section 234 (1) (kha) of the Labour Act, 2006 which provides that within 9(nine) months of completion of a year a sum amounting to 5% of the net profit of a company shall be credited to the workers participatory fund and workers benefit fund in the proportion of 80:20. The writ-petitioner-responde......all file the concise statement to make the appeal ready for expeditious hearing. The appeal is fixed for hearing on 23rd August, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 567. ..

Category: Company Law | Date: | Hits: 366

Abu Sayeed Sheikh and others Vs. Md. Majibur Rahman and others, 1998, 17 CLC (HCD)

....sif on detailed discussion of the evidence on record dismissed the suit as being barred by limitation. The learned trial Court also found that the suit is barred by res judicata and bad for defect of parties. The learned Munsif further found that the plaintiff had no cause of action and he failed to......receipt of this order. The order of stay granted earlier by this Court stands vacated. Send down the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289...

Category: Property Law | Date: | Hits: 75

Zenith Packages Ltd. Vs. Member, Labour Appellate Tribunal and others, 1999, 18 CLC (HCD)

.... commit any illegality in holding that annulments and benefits of the workers at the previous rates will continue till new settlement is arrived at mutually on fresh terms and conditions and for that parties may negotiate on the basis of charter of demands already submitted by the respondent No.2 to......he Rule is discharged with cost of Taka 5,000.00 (five thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284...

Category: Labour and Industrial Law | Date: | Hits: 168

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

....” the Respondent. Criminal Revision No.622 of 1997. Judgment Md. Ruhul Amin J. - In this Rule obtained upon an application filed under section 561A of the Code of Criminal Procedure opposite party (The State) has been called upon to show cause as to why the proceedings of Special Case No.16....... Learned Advocate for the petitioner submits that proceeding in question was illegal since the same was initiated upon a report submitted by an officer not authorised by law. He further submits that investigation of the case ought to have been stopped in view of the provision of section 167(5) of t..

Category: Criminal Law | Date: | Hits: 75

Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)

....stated that the case plot measures 1.25 acre of land of which he took settlement for 96 decimals of land and he possessed the same. 12. P.W.2 Jazem Jamader stated in his evidence that he knows the parties and the case land. He also stated that complainant Kasem Ali Bepari took settlement of the c...... to surrender to their bail bonds immediately to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278...

Category: Criminal Law | Date: | Hits: 73

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

....r submitted statement on 30-5-1989. The Bureau again served a notice on 10-6-1989 asking the petitioner for further details regarding all sources of income and allowed 10 days time to submit the said particulars. In reply to the said notice petitioner by his letter dated 10-7-1989 informed the Burea......section 3 of the Act and consequently investigating agency having not been authorised to investigate as regards pecuniary resources or that source of pecuniary resources of an ‘ordinary citizen’, investigation that was made by the Bureau being an unauthorised act and thereupon the prosecution re..

Category: Criminal Law | Date: | Hits: 62

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

.... Nos. 2-7. Criminal Revision No. 3109 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the informant-petitioner Md. Ali Akbar calling upon the accused opposite parties to show cause as to why judgment and order of acquittal dated 21-7-91 passed by the Addition......gun towards Hasen Banu and Asad causing injury to those two witnesses. P.W.6 A Hamid P.W.9 Dewan Ali, P.W.5 Tofazzal P.W.8 A, Kader P.W.7 Momtaz Alam and others saw the occurrence. 3. Police after investigation submitted charge sheet against accused Kader, Matin, Shamsu, Halima Khatun and Firoja ..

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)

.... the local people it can easily be presumed that to create earning facilities to a large number of educated Moulavies and Moulanas who are unemployed Government has adopted the policy of curtailing a part of the larger areas allocated to the marriage registrars appointed long ago. Population of any ......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...

Category: Civil Law | Date: | Hits: 89

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

....llows: “It cannot be ruled that the cut rifle might have been planted by one of the enemies of this accused appellant as suggested to the witnesses of the defence. It may also be machination on the part of Maiuddin who made the first disclosure. Be that as it may, one cannot be very certain that t...... materials on recorded submitted that appellant was arrested from the Palong Thana area and the revolver and bullets were recovered from Naria Thana area and as such lodging of FIR with Palong PS and investigation and submission of charge sheet against the appellant by an officer of Palong PS and pr..

Category: Criminal Law | Date: | Hits: 73