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Mohiuddin Ahmed and others Vs. State, 2011, 40 CLC (HCD)

....ated 2-11-1993 under the section 506 of the Penal Code and the proceeding in the said case is hereby quashed. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 564. ......ated 2-11-1993 under the section 506 of the Penal Code and the proceeding in the said case is hereby quashed. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 564. ......the learned Assistant Attorney General appearing on behalf of the State, opposite party opposes the Rule but found it difficult to come up with a plausible reply against the sub­mission pressed into service by the learned Counsel for the petitioner. 7. Heard the learned Counsel for both sides an..

Category: Criminal Law | Date: | Hits: 90

Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)

....ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ......reafter the learned Magistrate took cognizance of 11.11.90 against the said accused persons on the basis of the said prosecution report. Thereafter by order dated 23.12.90 learned Magistrate sent the record of Non First Information Report Case No.80 of 1990 to the Court of Sessions Judge, Shariatpur......ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ..

Category: Procedural Law | Date: | Hits: 153

Shamsuddin Ahmed alias Md. Shamsuddin Vs. Managing Director, Bangladesh Mukti Juddha Kallyan Trust and others, 1992, 21 CLC (HCD)

....petition is declared to have been made without lawful authority. The respondents are directed to reinstate the petitioner in service. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 524. ......petition is declared to have been made without lawful authority. The respondents are directed to reinstate the petitioner in service. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 524. ...... Writ Petition No.2873 of 1991. Judgment Md. Abdul Jalil J.- This Rule was issued against an order dated 26.9.91 passed by the Secretary, Bangladesh Mukti Juddha Kallyan Trust terminating the service of the petitioner as Deputy Chief Accountant of the Trust. 2. The case of the petitioner ..

Category: Employment/Service Law | Date: | Hits: 207

Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)

....claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ......4 pro forma defendant No.7 Sree Pran Nath Mondal and his wife pro forma defendant No.8 Sreemati Rashmoni Dashya purchased the same and possessed the same by mutating their names in the RS Khatian and record of right and they were in peaceful possession therein of for more than 12 years. Thereafter, ......esiding therein and the remaining suit land is in possession of the defendant Nos.1 and 2. Defendant No.5 is the caretaker of defendant Nos.1 and 2 who live outside the village in connection with the service, etc. and defendant No.5 is residing in the residential house on behalf of the defendant Nos..

Category: Property Law | Date: | Hits: 154

Abdul Latif alias Budu and 6 others Vs. State, 1992, 21 CLC (HCD)

....dence that there should be some corroboration of the evidence of the interested witnesses as may inspire confidence in the mind of the Court. In that reported case there was evidence on record that a good number of people arrived at the house of the informant soon after, the occurrence and on failur......ion, that the accuseds are innocent and they have no connection with the murder and that they have been falsely implicated in this case out of previous enmity. 6. On considering the evidence on record the learned Sessions Judge convicted the appellants under section 302 read with section 34 of......tif, Abu Hanifa, Shaju, Surat Ali, Indu Mia, Abdul Mannaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492...

Category: Criminal Law | Date: | Hits: 139

Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)

....of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490.......of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490.......erest accrued thereon intimating that the cheque was dishonoured but non‑payment of the demand resulted in institution of the suit. 3. The opposite parties appeared on 23.11.88 in response to service of summons and filed an application for time to file written statement and the court by an o..

Category: Procedural Law | Date: | Hits: 155

Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484.......ng the attendance of any person and examining on oath. (b) requiring the discovery and production of any document. (c) requiring evidence on affidavit. (d) requisitioning any public record, or copy thereof from any office; and (e) issuing commissions for the examination of wi......have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484...

Category: Property Law | Date: | Hits: 158

Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)

....oup of dacoits numbering 12/15 persons entered into the house of the informant Fazlul Huq (P.W.5) and looted cash money, gold ornaments, clothes, wall clock, Hajak light and also took away stationery goods from his stationery shop. The further case of the prosecution is that the dacoits went to the ......of dacoity under section 395 of the Penal Code. It, therefore, follows that even a single indi­vidual can legally be charged for committing an offence under section 395, where there are materials on record to show that 5 or more persons were connected with the commission of dacoity. In the instant ......ppeal is dismissed and the order of conviction and sentence pas­sed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72...

Category: Criminal Law | Date: | Hits: 142

Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)

....nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ......heritance and they have appointed one Md. Moser Ali as their Attorney for maintenance of their property amounting to 3.23 acres of land including 0.52 acres of the suit land. But their names were not recorded in the SA Khatian for which they have filed another suit for declaration of title being Tit......nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ..

Category: Property Law | Date: | Hits: 144

Deputy General Manager, Rupali Bank Limited and another Vs. Nazrul Islam Patwary and others, 1992, 21 CLC (HCD)

.... of law and thus call for no interference from this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 406.......ntainable and there is no cause of action. The order of termination being a termination simpliciter the suit is liable to be dismissed. 4. The learned Munsif on consideration of the evidence on record decreed the suit by his judgment and decree dated 26.9.87. 5. Thus being aggrieved and ...... of the plaintiff‑Opposite party is that he was employed in the Rupali Bank as an armed guard on 22.1.77 and was posted at Dalta Bazar Branch, of the Rupali Bank. That by a letter dated 15.9.81 his service was terminated by the Assistant General‑Manager without any show cause notice. It is asser..

Category: Labour and Industrial Law | Date: | Hits: 233

Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....esh and he has clients inside and outside the country and he is to travel off and on for his professional works and for medical check up abroad. He is the legal adviser of various banks and enjoyed a good reputation in the society and in the legal circle. On 9.10.91 he was served with the impugned o......irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ......irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ..

Category: Business or Commercial Law | Date: | Hits: 601

James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)

....llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ......ppellant preferred the present First Misc. Appeal in this Court. It was admitted for hearing under Order 41 rule 11 of the Code of Civil Procedure on 20.2.91 by a Division Bench of this Court but the records of the Court below were not called for and the preparation of the paper book in the appeal w....... 2. Rajshahi Krishi Unnayan Bank, the plaintiff-­respondent instituted the aforesaid suit for realisation of unpaid loan money from the defendant to the tune of Tk. 2,98,92.50 including interest service charges, etc. At the time of taking loan, the defendant appellant i.e. proprietor M/s James ..

Category: Civil Law | Date: | Hits: 169

Abdul Latif Vs. Principal, Residential Model School, Mohammadpur Dhaka and another, 1987, 16 CLC (HCD)

.... in the impugned order of the learned Additional District Judge. As a result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 392. ......ement of defendant No.1, what will be the position with respect to the written statements of defendant opposite party No.2 and how the suits may be decreed ex parte against the defendant No.2. As the record is not called for, it is not possible to ascertain clearly whether the defendant opposite par......el School, Mohammadpur, Dhaka and Secretary, Ministry of Education, Government of Bangladesh respectively. He filed an application to the Court under Order 11 rule 14 for production of personal file, service book, connected peon book and annual confidential report of the plaintiff from the custody o..

Category: Procedural Law | Date: | Hits: 132

Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)

....r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the im­pugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ......tioner con­tested the Misc. case by filing a written objection. Both the parties examined witnesses in support of their respective cases. The lea­rned Munsif upon a consideration of the evidence on record found that the defend­ant's witnesses failed to prove properly the circumstances which had l......r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the im­pugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ..

Category: Procedural Law | Date: | Hits: 127

Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)

....pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......m-Elias dead and accordingly he declared him to be dead. P.W.3 Sheikh Ayub Ali went to Fakirhat Bazar to lodge ejahar there P.W.24 Sdrder Nayebuddin, S.I. of police then attached to the Fakirhat P.S. recorded ejahar as per statement of Ayub Ali. He himself took up the investigation of the case. On t......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ..

Category: Criminal Law | Date: | Hits: 134

Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)

....down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ......t of the dead body of the deceased and sent it to morgue for holding post-mortem examination, seized alamats by preparing seizure lists, produced some of the witnesses before competent Magistrate for recording their statements under section 164 of the Code of Criminal Procedure and also examined the......down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ..

Category: Criminal Law | Date: | Hits: 111

Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)

....etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531.......r voluntarily appeared and surrendered before the Magistrate and prayed for bail and being satisfied the learned Metropolitan Magistrate enlarged him on bail on 6-12-2005 and on the same day the case record was sent to the Chief Metropolitan Magis­trate, Dhaka who transferred the case on 7-12-2006 ......etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531...

Category: Criminal Law | Date: | Hits: 103

Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)

....r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ......on or pleadings state to the Court that they are willing to try to settle the disputes in the suit through mediation, the Court shall so mediate or make reference under this section." 10. From the record it appears that on 15-8-2004 learned Judge of the trial Court passed the order in absence of ......r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ..

Category: Alternative Dispute Resolution | Date: | Hits: 227

Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)

....in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524.......already become the Additional Public Prosecutor in Brahmanbaria District, then the accused persons engaged another learned Advocate for conducting the case on their behalf who after perusing the case record and on going through the depositions of prosecution witnesses thought it fit to prefer an app......in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524...

Category: Procedural Law | Date: | Hits: 129

Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)

.... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519.......esses and the defendant side examined only 1(one) witness namely, D.W.-1 and both the parties produced a series of documents to prove their respective cases. 5. On consideration of the evidence on record both oral and documentary the learned Joint District Judge by his judgment and decree dated 1...... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519...

Category: Property Law | Date: | Hits: 105