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Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....of the Penal Code on 30-7-96. It appears all the accused were enlarged on bail by the learned Chief Metropolitan Magistrate. Thereafter the case was sent to the Sessions Judge who took cognizance and registered the same on 4-11-96 as Sessions Case No.633 of 1996 and issued notice on the accused for ......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......¦â€¦â€¦â€¦.. Petitioners Vs. State ………Respondent Judgment July 27, 1998. Cases Referred To- 17 DLR (SC) 624; 35 DLR 167; 33 DLR 77; 40 DLR 507 and CrLJ 1981 page 229, 11 BLD (AD) 64 (1991), BCR 1987 (AD) 143, CrLJ 1982 page 2109 PLD 1972 (SC) 81. Lawyers Involved: Mahb..Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
.... The relevant documents in connection with the collection of money were also given to the party by hand in violation of the definite office instructions and custom of the bank for sending the same by registered post. On 15-11-79 IBCA (Inter Bank Credit Advance) No.800761 dated 14-11-79 for Taka 86,0...... in violation of the definite office instructions of the bank, the documents for collection of the cheques in question were given directly to the account-holder by hand instead of sending the same by post. The IBCA vide No.802771 dated 13-10-79 was entered into the relevant Register by accused Ibrah......irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192...Category: Criminal Law | Date: | Hits: 104
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....ad no title. 9. Defendant Nos. 2 and 3 in their written statement stated that on 5-5-94 the suit land was allotted to the plaintiff. On 20-7-94 possession was delivered. On 19-10-95 lease deed was registered and on 23-4-95 name of plaintiff was mutated. Subsequently, as there was mistake in the a......aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......uhammad Din vs. Atta Muhammad and others, PLD 1957 Lahore 971; Modan Mohan Pal Annosatra vs. Abdus Samad and others, 32 DLR 176, Kabiruddin and others vs. Government of Bangladesh and others, 43 DLR (AD) 201, Gurnek Singh and another vs. Gurbachan Singh and others, AIR 1986 Panjab and Haryana 228, M..Category: Property Law | Date: | Hits: 83
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....a power of attorney to Shamsul Huq to execute and register necessary sale deed transferring said schedule- 1(Kha) property to the plaintiff and accordingly, Shamsul Huq transferred the suit land by a registered deed being No. 196 dated 13-1-91. The plaintiff got his name mutated in respect of said s......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......Baig 2000 SCMR 45; Jamila Khatum vs. Md. Lutfar Rahman alias Nefasur and others 3 BLC 306; Jamaluddin vs. Rabeya Begum, 32 DLR 63; Nesmohammad and others vs. Mosammat Jamila Khatun and others, 6 BLT (AD) 276; Golam Kader being dead his heirs Nurun Nahar Begum and others vs. Abdul Khaleque Choukder a..Category: Property Law | Date: | Hits: 71
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
.... of land under one rent receiver, Protap Chandra Das Gupta and said Korfa tenancy was finally recorded in CS Khatian No. 124/20 in the name of Jadunath Sarker. While they were thus in possession by a registered deed of sale being No. 1612/38 dated 10-8-38 they transferred 12 decimals out of said 36 ......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......ant Vs. Luna Fahmida Rahman and others……………………. Respondents. Judgment January 21, 2004. Cases Referred to- Nurjahan Begum vs. Mahmudur Rahman Mullick, 34 DLR (AD) 61, Hasan Ali vs. Jytendra Biswas, 1984 BLD (AD) 307, Jaydayal Poddar vs. Bibi Hazra, (1974) 2 S..Category: Property Law | Date: | Hits: 139
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
....ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46.......Nisi were issued against the impugned decisions passed by the First Labour Court, Dhaka in 9 different labour cases treating the respondent No. 2 in all the writ petitions appointed against temporary posts/ positions as Godown Darwan, Godown Chowkider and Godown Keeper in the petitioners' bank as pe......ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46...Category: Employment/Service Law | Date: | Hits: 85
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
....pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......ness does not help the prosecution. 27. PW 17, Dr. Joha Md. Meherwar Hossain was a Lecturer of Forensic Department of Rajshahi Medical College Hospital at the relevant time. On 14- 5-2002, he held post mortem examination on the dead body of deceased Amzad and found on his person one stitched inju......…………..Respondent. Judgment July 19, 2004. Result: The death reference is rejected and the jail appeal is allowed. Case Referred to- Mahmudul Islam @ Ratan vs. State, 53 DLR (AD) 1. Lawyers Involved: Md. Abdul Haque, State Defence Lawyer—For the Condemned Prisoner. ..Category: Criminal Law | Date: | Hits: 49
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ......which UD Case No. 2 dated 27-2-1984 was recorded and endorsed to Sub-Inspector Abdul Jalil Molla for investigation, who making inquest of the dead body of the deceased sent the same to the morgue for post mortem examination for ascertaining cause of death. The doctor, who held autopsy of the dead bo......………………………………………………………...Respondent Judgment January 12, 2005. Cases Referred to- State vs. Md. Shafiqul Islam alias Rafique and another, 43 DLR (AD) 92, State vs. Mofazzal Hossain Pramanik, 43 DLR (AD) 65, State vs. Khadem Mondal, 1990 BLD (AD) ..Category: Criminal Law | Date: | Hits: 41
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......eed not necessarily be withdrawn from the domestic forum because the Court has discretion under section 34 of the Arbitration Act or under Article 226 of the Constitution and that the Court is better posted to decide such questions. The arbitration clause 23 is a clause of wide amplitude taking in i...... and others…………………………………Respondents. Judgment April 23, 2005. Cases Referred to- Bangladesh Power Development Board and others vs. Md. Asaduzzaman Sikder, 9 BLC (AD) 1, Bangladesh Telecom (Pvt.) Ltd. Vs. BTTB and others, 48 DLR (AD) 20, Messrs Bisra Stone Lime C..Category: Information Technology Law | Date: | Hits: 321
.... in the writ petition that the petitioner’s father acquired the property in question measuring 3.33 acres of land in Khatian No.2 under Sylhet Municipality by purchase on 12th Chaitra, 1354 BS by a registered Kabala. But since the respondent No.4. Lacca Tura Tea Estate illegally took over possessi...... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
...... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
..
Category: Property Law | Date: | Hits: 95
....predecessor of the petitioners, took lease of the case land from ex-landlord, Opposite-Party No.2 while the suit land was in his khas possession. On 12th Jaishta, 1354 BS Md. Haja Mondal executed and registered a kabuliyat in favour of the Landlord. During Revisional Settlement Operation, the suit l...... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502....... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502...
Category: Procedural Law | Date: | Hits: 106
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....or and, as such, Surja Kanta Pal returned the land by the said endorsement, but nowhere in the Exhibit 2, it has been stated or referred that Santosh Pal was a minor and the document was executed and registered in the year 1952 and the endorsement as to reconveyance was made on 25th Chaitra, 1364 BS......l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......¦â€¦â€¦â€¦â€¦Appellant Vs. Bangladesh Government ………………Respondent. Judgment May 23, 2001. Case Referred To- Feroza Majid and another Vs. Jiban Bima Corporation, 39 DLR (AD) 76. Lawyers Involved: Sk Habibul Alam, Advocate—For the Appellant. Bivash Chandra Bis..Category: Property Law | Date: | Hits: 85
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....ife the plaintiff No.1 and P.W.5 Naderuzzaman, husband of the plaintiff No.2 paid the consideration money for part of the suit land covered by the kabala Exhibit, 1 (a) Kabala Exhibit 1 and 1(a) were registered in production of the collectors permission and treasury challan showing deposit of the sa...... the certificate shall be a charge upon the immovable property of the certificate debtor, wherever situated, to whom every other charge created subsequently to the service of the said notice shall be postponed.” 23. Notice under section 7 of the PDR Act in OD case No.21 of 1955-56 was served on......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481...Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....mission of crime by convict-appellant Doublemooring Police Station Case No.29 dated 22-3-1992 under section 19(a) and (t) of the Arms Act read with section 26 of the Special Powers Act, 1974 had been registered. 4. The prosecution to connect the convict-appellant with the commission of crime plac......pendent and impartial……………………..(14) It was the duty of convict-appellant to follow and find out the position of the case. No duty was cast upon Tribunal to run after a fugitive to post him with day-to-day proceeding against him. . . It is well settled that knowledge of learned Ad......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦(25) Cases Referred to- Sars Pal Singh Vs. State of Delhi, AIR 1999 (SC) 49, Nesar Ahmed Vs. Government of Bangladesh, DC, Noakhali and others, 49 DLR (AD) 111, Abdul Razzak Talukder Vs. State 51 DLR 83, Mobarak Hossain Vs. State, 1981 BLD 286, State V..Category: Criminal Law | Date: | Hits: 58
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
.... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......ry took up the investigation of the case and visited the place of occurrence. Sub-inspector Md. Shamsul Alam Fakir held inquest on the dead body of Azhar and forwarded the dead body to the morgue for post-mortem examination. Inspector Md. Jahurul Islam Chowdhury prepared sketch map of the place of o...... J Milon @ Shahabuddin Ahmed…………Petitioner Vs. State……….Opposite Party Judgment July 2, 2001. Cases Referred To- Kalyan Kumar Chowdhury Vs. The State, 1989 BLD (AD) 12; State Vs. Tota Mia, 51 DLR 244; Alkas Mia and others Vs. The State, 25 DLR 398; Alamgir Hoss..Category: Criminal Law | Date: | Hits: 35
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
.....1244 appertaining to CS Khatian No. 212 and SA Khatian No.507 were owned and possessed by defendant No.1 and his brother Sudhir Mandal. Then, both of them transferred the suit land to Parul Bal by a registered deed of sale dated 14-5-1969 being deed No. 4400 exhibit 4 and delivered possession. Then......According to the appellate Court, the trial Court therefore committed mistake in decree in the suit. But the appellate Court dismissed the suit in its entirety. This view of the appellate Court is preposterous on the face of it. 16. I will now see why the decree dated 12 (ka) as impugned in the i......ur (Md.) and others……….…Petitioners Vs. Bhasani Mandal and another………..Opposite Parties. Judgment July 17, 2001. Cases Referred to- Haider Ali Vs. the State, 47 DLR (AD) 47, Moulavi Abdul Mannan Vs. Md. Rafiqul Islam, 46 DLR 493, Jhanda Singh and another Vs. Harman ..Category: Property Law | Date: | Hits: 75
Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449....... the pre-shipment inspection report did not reflect that position, the apprehension that the cargo was bad and unfit for human consumption could have been removed by the Ministry of Food by obtaining post-landing Inspection report by taking delivery of the cargo as per clause-11 of the contract and ......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449...Category: Admiralty Law or Maritime Law | Date: | Hits: 212
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....e accused by the electric light. 27. P.W.16 Sub-Inspector Uttam Kumar Biswas was Investigating Officer of the case. He stated that on receipt of a written ejahar from the information the case was registered and under order from the OC PS, he took up investigation of the case. He then stated that......ts in this case under sections 302/34 of the Penal Code are not sustainable in law. It is further submitted that in the inquest report only one injury was found at the back of the deceased but in the post mortem report the doctor who held post mortem examination over the dead body of the deceased fo...... Parties. Judgment November 13, 2000. Cases Referred To- State Vs. Tajul Islam and others, BLT (Special Issue) 1; Chand Mia @ Chand Mia @ Chan Mia Mondal & others Vs. State, 42 DLR (AD) 3; AIR 1946 PC 45; State Vs. Montu alias Nazrul Haque and 7 others, 44 DLR (AD) 287; Abdul Quddu..Category: Criminal Law | Date: | Hits: 50
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
....ill entitle the defendants in law to infringe the Trade Mark of the plaintiff. He also submits with reference to various papers filed that the device being used by the defendants nearly resembles the registered Trade Mark within the mischief of section 21 of the Trade Mark Act, 1940, briefly the Act......r single and of them, the Trade Mark of the plaintiff only is registered and applications of others including that of the defendant for registration is pending. Mr. Azmal submits that the suit is now posted for SD on 03-07-2001 next, which is not denied by Mr. Bhuiyan. If the parties are now left fr...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ..Category: Intellectual Property Law | Date: | Hits: 230
Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....dinance instead of filing a reference application under section 160 of the Ordinance before this Court and accordingly, an application was filed under the aforesaid section of the Ordinance which was registered as Miscellaneous Application No.58 of 1999-2000. The Tribunal after hearing the petitione......es not appear to us to be a fit case for granting a certificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ......eration should always be kept in view in deciding whether the petitioner was prevented by sufficient cause for the delay and in support of his contention he relies on the decision reported in 51 DLR (AD) 253 and the decision reported in 167 ITR 471, decision of the Indian Supreme Court. The learned ..Category: Fiscal/Taxation Law | Date: | Hits: 108
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