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Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....y other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......s aforesaid. 5. The appellant surrendered before the trial Court on 19.1.2004 and subsequently moved in this Court with the instant criminal appeal. Since then he is in jail custody and in the meantime has suffered more than eight calendar years. 6. Mr. Z. I. Khan, learned Advocate appearing f......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 102
Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....ellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......e. There is no evidence to show that the appellants used the counterfeit note with knowledge or belief that it was a forged or counterfeit note. No question to that effect was put towards them at the time of framing charge or while one of them was examined under section 342 of the Code of Criminal P......in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 111
....gment
February 17, 1990.
Result:
The Rule was made returnable.
Cases Referred to-
AIR 1951 (SC) 41, Charanjit Lal Chowdhury Vs. The Union of India and others; AIR 1952 (SC) 75, The State of West Bengal Vs. Anwar Ali Sarker and another; AIR 1963 (S.C) 268, J Pandurangarso Vs. The And...... warrant in law to promulgate it in haste on 14.12.89 when the winter session of the Parliament was expected to be in session within a few days. Moreover, no circumstances existed at the relevant time which rendered immediate action necessary so as to promulgate the said amending Ordinance in .......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
.......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
.... Judgment February 11, 1990. Result: The rule is discharged. Cases Referred to- Indian General Investment Trust Ltd. Vs. Sri Ramchandra Mardaraja Doo, Raja of Khalikote, AIR 1952 (Cat) 508. Lawyers Involved: Asrarul Hossain with Iftekhar Ahmed, Advocates—For the Petitio......lation to the Court of the District Judge and the Court of the Additional Judge. 10. Sections 18, 20 and 21 of the Act read as under:- "18. Save as otherwise provided by any enactment for the time being in force, the jurisdiction of a District Judge or Subordinate Judge extends, subject to t...... and Commercial Court No.1 under section 19 of the Act will not be applicable inasmuch as the Court of the Subordinate Judge and Commercial Court No.1 can lake cognizance of a suit of any value for recovery of Bank loan. In other words, the pecuniary jurisdiction of the Subordinate Judge and Com....... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311...Category: Procedural Law | Date: | Hits: 168
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....This Case is also Reported in: 62 DLR (HCD) (2010) 455. ......at both the petitions do not merit any substance which should be discharged outright. In the result, both the Rules are discharged without any order as to cost. The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. ...... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ...... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ..Category: Criminal Law | Date: | Hits: 89
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....nd another…………………Opposite Parties Judgment July 18, 2010. Result: The Rule is discharged. Lawyers Involved: No one appears - For the Petitioners. Abdul Quayum, Advocate with Selim Reza Chowdhury Advocates - For the Opposite Parties 1(a)-1(e). Civil Revision No. ......86 and in presence of the both the parties and their learned Advocates, the case was fixed on 5-4-1995 for further hearing, in default, ex parte hearing after allowing adjournment prayer for the last time filed by the defendant No.1. On 4-5-1995, defendant No.1 filed an adjournment prayer, which was......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ..Category: Procedural Law | Date: | Hits: 170
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
....ate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533.......ehfuz Khan took loan of an amount of Taka 4,80,000 from Janata Bank Ltd., Corporate Branch, MK Road, Jessore (hereinafter referred to as the Bank). The loan was subsequently enhanced by the Bank from time to time. The petitioners repaid some amount of loan on several dates but from the first part of......they could not pay the loan. Subsequently, the Bank filed Artha Rin Suit No.45 of 2007 before the Artha Rin Adalat and Joint District Judge, Court No.1, Jessore (shortly, the Adalat) on 27-6-2007 for recovery of Taka 11,59,455. The petitioners did not receive the summons of the suit as result of whi...... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533...Category: Civil Law | Date: | Hits: 157
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....tioner Vs. Government of Bangladesh and others………………..Respondents Judgment September 9, 2010. Result: The Rule is discharged. Cases Referred to- Marks Vs. United States, 430 US 188 (1977); Beazell Vs. Ohio, 269 US 167 (1925); State Vs. Mirza Abbas, 15 MLR (AD) 141......ged offences were committed before promulgation of the Act and pursuant to Article 35(1) of the Constitution, no person shall be convicted of any offence except for violation of a law in force at the time of commission of the act charged as art offence. The sanction to lodge FIR and to submit charge......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
.... University of Chittagong represented by the Vice-Chancellor and others………….Respondents Judgment October 15, 2008. Result: The Rule is made absolute. Cases Referred to- Advocate AM Zia Habib Ahsan Vs. Chittagong University, 12 BLC 679; SM Hasan Faruqi Vs. Controller of Exam......mitted an application on 21-7-2005 with a bank draft of Taka 400 for giving him Mark sheet of BA pass) Examinations in English (English Mark Sheet) after submitting his Bengali Mark Sheet and at that time, concerned officer of the controller of Examination told him that there are discrepancy in betw......946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ......946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ..Category: Others | Date: | Hits: 186
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....wyers Involved: Sheikh Fazle Noor Taposh with Khandaker Rezad-Raquib, Immamul Kabir, Mejbahur Rahman, Advocotes – For the Petitioners. (In all the writ Petitions) Md. Khurshid Alam Khan, Advocate - For the Respondent No.2 (In Writ Petition No. 4202 of 2009). AKM Fazlul Hoque, Advocate - F......llate Division held in the case of State Vs. Zakaria Pintu alias Md. Zakaria Pintu reported in 18 BLT (AD) (2010) 491 = 62 DLR (AD) 420 that a bail although may often be a right to an accused but sometimes it is imperative on the part of the Court to refuse if there is serious allegations against hi......ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ..Category: Criminal Law | Date: | Hits: 107
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....ngs of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......t of the balance consideration money. It is also stipulated that the concerned office of the Sub-Registrar would not deliver the original deed of power of attorney and the deed of agreement till that time. Therefore, the plaintiffs filed true copy of the said agreement along with receipts of those d......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ..Category: Civil Law | Date: | Hits: 186
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....f law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......e suit land, Jitendra Nath settled the suit land with plaintiff Nos.1-2 with the consent of all other co-sharers on 15th Chaitra, 1357 B.S. at a jama of Rs.30 annas 6 on the basis of dakhila. At that time, the plaintiffs were in possession of the suit land and they got there names correctly recorded......on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..Category: Property Law | Date: | Hits: 101
Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)
..... to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ...... of gift from her father in 1970 and had been in possession thereof. The High Court Division also found that the property was neither acquired nor declared abandoned by the Government at any point of time. The High Court Division noticed that the respondent herein obtained order from the Additional ......by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ......by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 121
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
.... is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......arned Additional Sessions Judge, by his order dated 24.1.1995 framed charge against the appellant under section 302 of the Penal Code and proceeded with trial in absentia, as the appellant in the meantime was released on bail and thereafter did not turn up to face the trial. 3. In support of its ......ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
Commissioner of Customs, Chittagong Vs. Tectonics and others, 2010, 39 CLC (HCD)
....ost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ......sistant Attorney General appearing on behalf of the applicant submits that due to various departmental formalities which had to be observed by the Government, the appeal could not be filed within time and prays for condoning the delay of 314 days in presenting the Customs Appeal. 5. In reply,......al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ......al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ..Category: Procedural Law | Date: | Hits: 111
....int of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......was to obey their instruction; that the plaintiff could not show those outstanding advances in periodical statements as there was no such system prevailing in the computer of the Bank at the relevant time; that taking the advantage of some of the outstanding in the loan account the bank stated a dep......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....te the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......s writ petition. 4. Respondent No.2, the Bank contested the rule by filing an affidavit-in-opposition denying the material averments made in the writ petition contending, inter alia, that at the time of availing the loan, the petitioner signed and executed all necessary documents as director ......porate Branch, 11 Purana Paltan, Dhaka (hereinafter stated as the Bank). The Bank instituted Title Suit No.45 of 2003 on 21-4-2003 before the Joint District Judge and Artha Rin Adalat No.4, Dhaka for recovery of loan amounting to Taka 51,46,231.10 against the petitioner, the Company and its director......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ..Category: Civil Law | Date: | Hits: 269
...., Dhaka & others………………….Respondents
Judgment
March 13, 1989.
Result:
The Rule in all the Writ petitions are made absolute.
Lawyers Involved:
Abu Sayeed Ahmed, Advocate - For the Petitioners (In all the Writ Petitions).
A.F. Hasan Ariff, Deputy Attorney Genera......eless message from the respondent No.3 asking them to report to the Headquarter at Dinajpur on foot. In compliance thereof the petitioners along with others reported at the Headquarter at Dinajpur in time. The petitioners and some other Bangladesh Rifles personnel of the aforesaid outpost were kep...... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459....... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459...
Category: Others | Date: | Hits: 167
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ....... who sent it to the District Anti Corruption Bureau. Mr. Md. Dabiruddin, Assistant Inspector, District Anti-Corruption Bureau, Pabna lodged a written F.I.R. with the Pabna P.S. on 31.3.83 giving the time of commission of theft and misappropriation to be between 27.4.68 to 31.7.80. After investigati......the ad-interim order of attachment was made absolute on 24.2.79. The District Judge, Pabna decreed the Miscellaneous Case in favour of the Shilpa Bank on 1.9.79 for the said dues with interest till recovery by auction sale of the attached property. Accused appellant Md. Anwar Ali in his name and......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ..Category: Criminal Law | Date: | Hits: 108
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
.... This Case is also Reported in: 41 DLR (HCD) (1989) 447.......t in the benami of his minor sons proforma defendants No.3 Enamul Huq and No.4 Rezaul Huq and he continued to possess the lands as before. It was in Jaistha 1386 B.S. that the plaintiff for the first time learnt that long after the registration of his (Plaintiffs) kabala defendant No.2 executed anot......d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447...Category: Property Law | Date: | Hits: 82
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