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State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....r the State. Md. Abdul Haque, Advocate-State Defence Lawyer for the Respondent. Death Reference No. 33 of 2001. Judgment SK Sinha J.- The Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Chandpur sentenced the condemned prisoner Billal Hossain Gazi to death by judgment and order dated 30...... criminal activity so as to be able to take suitable steps for tracing and bringing to book the accused. It can be used for the purpose of testing the truth of the prosecution story and the Court may note any departure therefrom. As the informant makes a different version about the cause of assault,..Category: Criminal Law | Date: | Hits: 43
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
....uch order which is necessary to stop harassment of the petitioner by filing successive false criminal cases in order to detain him in custody. 6. Mr. Abdul Malek, the learned Counsel, on the other hand, contended that the harassment in criminal cases cannot be remedied by exercising inherent powe......n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ..Category: Criminal Law | Date: | Hits: 60
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....Vs. Mobarak Ali, AIR 1959 SC 707; Directorate of Enforcement Vs. Deepak Mahajan, AIR 1994 SC 1775 and Abhinandan Jha Vs. Dinesh Mishra, AIR 1968 SC 117; Aftabur Rahman @ Jongi Vs. State, 45 DLR 593, Khandkar Mustaque Ahmed Vs. Bangladesh, 34 DLR (AD) 222, Lakshmanrao Vs. Judicial Magistrate, 1st Cla...... need be entered. It has been instructed that the diary shall mention every clue obtained and every step taken by the investigating officer. As regards house searches and arrest, particulars shall be noted in the diary. The diary shall contain full and unabridged statements of persons examined by th..Category: Criminal Law | Date: | Hits: 70
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....dha approached the house of Hashem Ali Molla (PW36) and demanded money and offered condition that Fatik would be recovered in the event of payment of money. b) Abdus Sabur was suspected and he was handed over to police. First Information Report was lodged by PW1 Informant on 9‑4‑1998. c) A......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..Category: Criminal Law | Date: | Hits: 69
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....d others Vs. Tajul Islam, 38 DLR 134 and Ramji Ram and others Vs. Saligram, 14 CWN 248. Lawyers Involved: Muhmudul Islam with Probir Neogi, Advocates For the Appellants. Fazlul Karim with Khandakar Aminul Islam, Advocates‑For Respondent No.1. First Miscellaneous Appeal No. 28 of 2002......der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ..Category: Property Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....ing would lie and, as such, the proceeding being an abuse of the process of the law and Court is liable to be quashed. 4. The learned Advocate for the opposite party No.2 complainant, on the other hand submits that though there was business transaction in between the accused‑petitioner and the ......called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ..Category: Criminal Law | Date: | Hits: 38
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....Report and sprouted during trial may be taken heed of. Father of prosecutrix Ratna Rani Achariya in connection with his service went to Oman and kept Prosecutrix under care and custody of Dr. Anukul Chandra Achariya, father of accused-appellant. Prosecutrix kept residing in house of Dr. Anukul Chand......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
...., Aziz Talukder’s eldest son accused Alamgir and his son accused Jahangir, neighbours Abu Talukder, Mati Talukder, Tofazzal Talukder and Haider illegally trespassed into the courtyard of informant Chandra Bhanu and abused her husband Mobfer in filthy language. At this Surat Ali Master nephew of in......e Penal Code. It is obvious that the accused appellant was given no opportunity to meet the new charge and to enter into his defence in the light of the new accusation brought against him. It must be noted here in this connection that sections 34 and 149 of the Penal Code are two separate and distin..Category: Criminal Law | Date: | Hits: 52
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
....ice custody. The learned Advocate emphatically submits that since the informant of the case has submitted application for considering the bail of appellant he should be enlarged on bail. On the other hand, the learned Deputy Attorney‑General vehemently opposed the prayer for bail and submits that ......যায়বিচার বিঘি্নত হইবে না মর্মে ট্রাইবুনাল সন্তুষ্ট না হন। " 5. In this connection it is to be noted that all offences under the Ain are non‑bailable as provided under section 19(2). Thereafter..Category: Criminal Law | Date: | Hits: 43
.... the factory of the plaintiff. He was working since 1984. Body of bus, grill, etc were made there. There was electricity. There was electric meter. They work 24 hours. He used to paint with spray and hand.
27. Nirajan Mondal was examined as PW4. He stated that he got works done from the factory ......ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
..
Category: Property Law | Date: | Hits: 73
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
.... 23 DLR (SC) 25; Bangladesh Vs. Abdul Khaleque, 29 DLR (SC) 110; Bangladesh Vs. Abdul Mannan and others, 29 DLR 17 and Abdul Gafur Khan and others Vs. Bangladesh, 36 DLR (AD) 163. 16. On the other hand Mr. AKM Nazrul Islam, learned Senior Advocate, submitted that determination of price of the lan......hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ..Category: Property Law | Date: | Hits: 77
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....ion of those witnesses. 6. Mr. Shaikh A Awal, the learned Deputy Attorney‑General appearing with Mr. Saifuddin Md. Aminur Rahman, learned Assistant Attorney‑General for the State, on the other hand, submits as follows: (i) According to section 540 of the Code of Criminal Procedure the Cour......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....irming that of the learned Magistrate discharging the accused-opposite parties should be quashed. 8. Mr. Akram Hossain Amin, the learned Advocate for the accused‑opposite parties, on the other hand, submits that the learned Magistrate in exercise of his jurisdiction under section 241A of the ......ranted to him failed to produce documents in support of his claim. He also disbelieved the medical certificate relating to the treatment of the petitioner expressing suspicion about the point of time noted in the certificate. The learned Advocate for the petitioner submits that while hearing the cas..Category: Administrative Law | Date: | Hits: 223
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....tly, the arbitration clause perishes along with the settlement. The claims in such suit are not based on the contract rather outside the terms of the contract and the arbitration clause. On the other hand, defendant has denied the settlement. Its case is that the above letters were obtained under th......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....opolitan Sessions Judge, 2nd Court, Chittagong in Criminal Revision No. 78 of 2003 dismissing the same and affirming the order dated 8‑4‑2003 passed by the Metropolitan Magistrate, Chittagong in Chandgaon PS Case No. 1(3)/2003 corresponding to GR No. 128 of 2003 under sections 406/420/467/468/47......discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ..Category: Criminal Law | Date: | Hits: 45
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....petitioner. But Mr. Alam candidly concedes that the procedure in filing a case under section 138 of the Negotiable Instruments Act in the present case have been duly complied with. 4. On the other hand, Mr. MR Hasan, learned Counsel appearing for the opposite party No.1, Bank, by filing counter-a......r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ..Category: Banking Law | Date: | Hits: 237
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....as telephone operator in Lokpur Fish Company. His whereabouts cannot be traced out. He heard from the newspapers published on 29‑9‑99 that Ershad Sikder killed a boy of Jhenaidah, by breaking his hands and legs and pressing on his chest and thereafter his body was thrown in the river after faste......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....ate represented by the DC.................Respondent Judgment April 5, 2003. Cases Referred to- Rameshwar Dayal and others Vs. State of UP, AIR 1978 SC 1558; Bangladesh (State) Vs. Paran Chandra Baroi, 1986 BCR (AD) 225; Asadur Rahman alias Asad and others Vs. State, 1995 BLD 290; Ismail......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..Category: Criminal Law | Date: | Hits: 54
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....ing physical infrastructure facility like the petitioner company, the refusal by the NBR to allow such exemption is without lawful authority. 6. The learned Deputy Attorney‑General, on the other hand, contends that since the said undertaking of the petitioner company was identified by the NBR a......ufacture facility and an application was made by it to the NBR in the prescribed form for such exemption within 180 days from the date of commencement of its commercial production pr operation. It is noted from the record that the petitioner company was incorporated in 1986 under the Companies Act, ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
.... Narasimhulu Vs. Public Prosecutor, 1978 Cri LJ 502 = AIR 1978 (SC)429; State Vs. Abdul Wahab Shah Chowdhury and another, 51 DLR (AD) 242 = 4 MLR (AD) 291; Md. Ayub Vs. Md. Yakub, 19 DLR (SC) 38; Balehand Jain Vs. State of Medhya Pradesh, AIR 1977 (SC) 366; Gurbaksh Sing Sibbia Vs. State of Punjab, ......so doing are liable to forfeit such sum as is specified when bail is granted. 18. It is thus, clear that the object of bail is to secure the attendance of the accused at the time of trial. Bail connotes the process of procuring the release of an accused charged with an offence by ensuring his fut..Category: Criminal Law | Date: | Hits: 79
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