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Mukit and others Vs. State, 2011, 40 CLC (AD)
....inted weapon, on the chest of Fazir Uddin when Laich Uddin (P.W.1), the informant, resisted him. At that time accused Babul inflicted a blow with ballom on his chest. Salu inflicted a dao blow on the hand of Maruf Uddin (P.W.5), the informant. On hearing cries, it is alleged, other witnesses approac......he conviction and sentence. 5. According to the prosecution story, on 16th June, 1993 at about 8 a.m. the occurrence took place towards the northern side of the house of Fazir Uddin since deceased over felling and selling of some trees. It is alleged that the accused persons forming an unlawful a......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ..Category: Criminal Law | Date: | Hits: 49
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....” For the Opposite Parties. Criminal Revision No.1533 of 1993. Judgment Gour Gopal Saha J. - This Rule is directed against the judgment and order dated 28-6-93 passed by the Sessions Judge, Chandpur in Criminal Appeal No.69 of 1992 dismissing the appeal and upholding the judgment and order ......to take her in his house as the legally married wife but accused Hanif refused it and tried to kill the child in her womb. Eventually, she gave birth to a female child. A salish was subsequently held over the matter but the accused did not attend the salish hence the case. 3. Upon the aforesaid a......he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129...Category: Criminal Law | Date: | Hits: 67
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....nce case and, as such, the impugned order of conviction and sentence is not maintainable in law. 7. Mr. Kh Mahbub Alam, the learned Assistant Attorney-General appearing for the State, on the other hand, supports the impugned order of conviction and sentence and submits that the learned Courts bel......ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125.......ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125...Category: Criminal Law | Date: | Hits: 68
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....ahman and another –Vs- Bangladesh Bank and others in same DLR at page 540, and the case of Md. Mostafa Kamal and others –Vs- Bangladesh Bank and others reported in 11 MLR, 377. 5. On the other hand, Mr. Md. Mizanur Rahman, learned Advocate appearing for the respondent-banks opposed the Rule a......its total shares. He also positively affirmed the authenticity of the Memorandum and Article of Association of Ben-Lub Pte Ltd., that has been annexed with the writ petition. 6. The points of controversy in the present writ petition are whether the name of a person having 15% share in a defaultin......dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 167
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....Order XXI rule 37 of the Code of Civil Procedure and also in violation of the principle of natural justice, and as such the impugned order has been passed without lawful authority. 5. On the other hand, Mr. Md. Golam Mostafa, the learned Advocate appearing for respondent No.3 opposed the Rule sub......reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 169
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....office Memo No. 437/DAB (BAB) dated 7‑5‑94 addressed to the District and Sessions Judge, Nababganj prayed for issuing direction upon the Manager, Chapai Nababganj Branch of the petitioner Bank to hand over all MT/TT's statement from July, 1992 to March 1994 sent to different branches of Dhaka an......e Memo No. 437/DAB (BAB) dated 7‑5‑94 addressed to the District and Sessions Judge, Nababganj prayed for issuing direction upon the Manager, Chapai Nababganj Branch of the petitioner Bank to hand over all MT/TT's statement from July, 1992 to March 1994 sent to different branches of Dhaka and Chi......s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233...Category: Anti-Corruption Laws | Date: | Hits: 153
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....here in spite of pendency of the application filed under sub-section(2) of section 6 of the Act and the correspondences for long pending before the Government and the petitioner-University on the one hand and the petitioner-University and the Grants Commission on the other hand, no action is taken b......eeking permission to commence classes of the University as stated in paragraph 5 of the Writ Petition but stated that the petitioner could not legally admit students without obtaining Sanad from the Government. The respondent 1 also stated that although the Hon’ble Minister directed to give Dr. Ra......s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ..Category: Others | Date: | Hits: 104
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
....ial Martial Law Court had no jurisdiction to try the petitioner, the judgment, conviction and sentence passed by it was a nullity and had no existence in the eye of law. 7. It is contended by Mr. Khandaker Mahbubuddin Ahmed that even if it is found that Article 35(2) of the Constitution is not at......passed without lawful authority and why direction should not be made for quashing proceedings against the petitioner in GR Case No.1 of 1983. 2. The relevant facts are that the petitioner entered Government Service in 1967 as Typist and subsequently became Stenographer in the Noakhali Judgeship i...... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374...Category: Criminal Law | Date: | Hits: 56
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....: 51 DLR (HCD) (1999) 77. ......r husband Chandra Kumar Paul is valid in law. The learned Advocate submits that since donor and the donee both belong to Hindu community, provision of Hindu Law being their personal law shall prevail over the provision of the Transfer of Property Act and the oral gift is therefore valid to confer ti......tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ..Category: Property Law | Date: | Hits: 51
....e that asking the petitioners to be present for examination and recording statements amounts to compelling them to be witnesses against themselves.
8. Mr. Md. Farid, learned Advocate, on the other hand, submitted that the notice dated 8-4-96 issued by the Bureau of Anti-Corruption is given on the......iginal Jurisdiction)
Present:
Kazi Ebadul Hoque J
AK Badrul Huq J
Abdul Hafiz (Md.) and others……………………. Petitioners
Vs.
Director General, Bureau of Anti-Corruption, Government of Bangladesh ………Respondents
Judgment
July 16, 1997.
Cases Referred To-
......devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....-1991 shall be declared to have been passed without any lawful authority, arbitrarily, malafide and void and why the respondents shall not be directed to realise charge as per Schedule of Charges for handling container with the equipment of the petitioner company and they shall not be directed to re......llsehaft mbh (DEG) which are international financing institutes. The company owns two container vessels and has invested about US$ 40.00 million on the project in private sector as per policy of the Government. One of the conditions of the said foreign investment was that the company shall be allowe......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....ncluding other 12 tanneries were under the management of Bangladesh Tanneries Corporation and subsequently those tanneries were placed under Bangladesh Chemical Industries Corporation till those were handed over to Bangladesh Muktijodda Kallyan Trust on 28-2-78. While the said Madina Tannery includi......urt High Court Division (Special Original Jurisdiction) Present: Syed JR Mudassir Hussain J Md. Awlad Ali J Abu Mohammad ……………………………….Petitioner Vs. Government of the People’s Republic of Bangladesh & another……………Respondents Judgme...... under Articles 27 and 31 of the Constitution. 2. The facts as stated in the petition are that Madina Tannery of which the petitioner is the proprietor, including other 12 tanneries were under the management of Bangladesh Tanneries Corporation and subsequently those tanneries were placed under Ba..Category: Others | Date: | Hits: 95
Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)
....m about the recovery, whereupon he went there, identified the dead body and found three wounds on the head of the deceased, one wound on the neck and multiple injuries on his body and also found left hand of the deceased broken. He further stated that the appellant No.1 Abu Jamal stole away their ne......nd his brother and the victim caught Abu Jamal and brought him to his house and there was a salish where he was found guilty and out of that enmity the accused person killed his brother. After the recovery of the dead body PW 1 lodged the FIR and the investigating officer went to the beel, held the ......Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ..Category: Criminal Law | Date: | Hits: 55
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
.... Kabala dated 11-3-1944 (Exhibit 3) and, as such, the concerned SA Khatian showing the names of the defendant Nos. 1 to 3 instead of the defendant No. 3 alone, was obviously wrong. 9. On the other hand, Mr. KS Zaman, the learned Advocate appearing on behalf of the opposite party No.1, refers to t......e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ......e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ..Category: Property Law | Date: | Hits: 72
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
....r of Examination, Karachi University, reported in 18 DLR (SC) 422. 13. Mr. AJ Mohamad Ali, the learned Additional Attorney-General, appearing for the respondent Nos. 1 and 2, submits, on the other hand, that by not obtaining a licence from the BSTI and by marketing the products without a licence ......d the BSTI is under responsibility to see whether commodities, having those standards and obtained licence from it, are properly maintaining the same, and for determining standard of an article, the Government used to send the particulars of the article for fixing its standard and since there is no ......everage" and the Company will produce "Malt Beverage (330ml. can)" from rice, salt from domestic sources and Malt, Hops and other chemicals by import employing 260 employees/workers and 10 people for management and the marketing of the product will be 100%, domestic marketing. By Annexure B(l) the r..Category: Others | Date: | Hits: 182
Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)
....riginally belonged to Mohon Lal Nomo, who died leaving behind four sons, namely, Bichitra Kumar Majumder, Suchitra Kumar Majumder, Surendra Kumar Majumder and Ashwini Kumar Majumder and that Khitish Chandra son of Bichitra Kumar Majumder along with Surendra Kumar Majumder and Ashwini Kumar Majumder ......er and Ashwini Kumar Majumder and that Khitish Chandra son of Bichitra Kumar Majumder along with Surendra Kumar Majumder and Ashwini Kumar Majumder sold the suit land along with other land and handed over possession thereof to defendant No.4, Mozammel Hossain, vide registered sale deeds dated 11.08.......n record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12...Category: Property Law | Date: | Hits: 71
Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
....view application are not grounds coming within the purview of Order 47 rule 1 of the Code and, as such, the impugned judgment suffers from the illegality and so is liable to be set aside. 11. Mr. Khandker Mahbubuddin Ahmed, learned Advocate appearing for the defendant respondent, on the other han......Amirul Kabir Chowdhury J Fatema Khatun……….…Appellant Vs. Wach Khatun and others…………….Respondents Judgment March 5, 1998. Case Referred to- Nurul Hossain vs. Government of Bangladesh and others 49 DLR (AD) 108. Lawyers Involved: Mahinudul Islam, Advocat......rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ..Category: Property Law | Date: | Hits: 59
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
.... and charges on the basis of tariff value. 3. The petitioner contends that fixation of tariff value at US$ 375.00 per metric ton under HS Code No. 2815. 11.00 is arbitrary and baseless for the merchandise. The basis for determination of tariff value under delegated authority as provided in sectio......levy of duty has no leg to stand. The observation made by the High Court Division in Nasiruddin case is merely an obiter and does not lay down any principle of law having any binding legal force. Moreover, in view of insertion of section 30A as has been held in the case of Collector of Customs Vs. A......For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....Adalat below to accept the application dated 8.3.2010 filed by the petitioners and to consider the same on merit without requiring the petitioners to deposit any security money.” 9. On the other hand, Mr. M. A. Samad, the learned Counsel appearing with Mr. M. G. H. Ruhullah, the learned Advocat......the extreme north side. But as the petitioner’s land is developed one in comparison to the land of the auction purchaser, he has already broken the fence around the land in order to take possession over the land in question. Since the land was never partitioned and demarcated, she instituted Title...... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 183
Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)
....Contempt Petition). It is therefore crystal clear that the contemnor has willfully disobeyed the Hon’ble Court’s order, which amounts to gross contempt of Court, he concluded. 12. On the other hand, Mr. Dewan Makhdum, the learned Advocate appearing for the respondent-contemner could not prope......d by him without compliance of the Court’s order or without any satisfactory explanation as to why the order was not complied with, cannot be accepted. 18. We have also given our anxious thought over the issue, whether the Civil Appeal pending before the Appellate Division against the judgment ...... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
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