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Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....e reading of Article 27 of the Order does not leave any doubt that the provisions are made with intent to expedite realization of arrear loan from the borrowers in default. The provisions are made in order to short-circuit the long procedure of general law obviously to carry out the purpose of the O......ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ..Category: Property Law | Date: | Hits: 127
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....tration Act and the Transfer of Properties Act which is a civil jurisdiction rather than any liability under Penal Code…………………(13) If the complainant has given any amount of money in order to get a sell deed for a land he should establish his civil right thereof through a civil Cour......esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ..Category: Criminal Law | Date: | Hits: 102
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....en…………………19 Credibility of witness The credibility of witness depends upon the knowledge of fact to which he testified his disinÂterestedness, his integrity and his veracity. In order to judge the credibility of a witness, it is open to Court to look into surrounding circumstan......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ..Category: Criminal Law | Date: | Hits: 118
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
.... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ...... pathway by making various conÂstructions giving rise to the cause of action for the suit. 4. Defendant Nos.1, 2 and 4 contested the suit by filing separate written statements. The defendant No.3 Government filed a written statement but reÂfrained from contesting. The defence contention is that..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....tion 403 Cr.P.C. comes to operate only when offence once had been tried by a competent Court and ended in conviction or acquittal. If charge was not framed in the earlier complaint case when the last order of acquittal was recorded on the basis of withdrawal petition of the complainant, it is diffic......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
.... the judgment dated 28-4-1993 and decree dated 16-5-1993 passed by the Senior Assistant Judge, 1st Additional Court, Dhaka in Title Suit No.45 of 1991 should not be restored and such other or further order or orders passed as to this Court might seem fit and proper. 2. At the time of issuance of ......of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....adiction on othÂers. 3. Those issues came up for trial in Family Suit No.59 of 1998 before the learned Assistant Judge and Family Courts, Fulbaria, Mymensingh. The trial Court by its Judgment and order dated 14-2-2000 partly decreed the suit for maintenance and dower. However, the learned Additi......h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ..Category: Family Law | Date: | Hits: 246
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
....ioner also filed Title Suit No.75 of 1990 (Exhibit-2 (gha) for injunction against the present opposite party but ultimately lost, whereas the defendant did not take any further steps against the said order of the trial Court. I have carefully examÂined all the earlier Judgment of the Courts. The de....... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ..Category: Property Law | Date: | Hits: 134
....sed that the suit land was recorded in the name of the Government in the revisional survey. Obtaining a copy of the record of rights on 24.11.98 they became sure about such wrong record of rights. In order to remove the cloud cast by such wrong record of rights they were constrained to institute the......CD) (2008) 273.
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Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
.... The safeguards against unfounded accusations and the opportunity for establishing innocence, which constitute the hallmark of an ordinary criminal trial, are not available to a detenu detained by an order of detention. A preventive detention is the deprivation of the liberty of a citizen, which rig......e criterion, if any, to be adopted, the effect of the decision on the person affected and other indicia afforded by the statute…………………….(32) Cases Referred to- Gholam Jilani Vs. Government of Pakistan, 19 DLR (SC) 403; Khuda Bux Vs. Panjo, AIR 1930 (Sind) 265 (FB); Government o..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....enged. Section 5 of that Act is quoted below: "5. (1) A Special Court shall try such offences or classes of offences or cases or classes of cases, as the State Government may by general or special order, in writing, direct. (2) No direction shall be made under sub-Âsection (1) for the trial o......on 6 of the Druto Bichar Tribunal Ain, 2002, a case which relates to the offences as mentioned in the section and pending for trial in the Courts as mentioned in the section may be transferred by the Government to a Tribunal………(14) An accused whose case is transferred to the Druto Bichar Tr..Category: Criminal Law | Date: | Hits: 177
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....ala, Noagaon and sending the suit for remand to the Trial Court for further evidence by the parties in the light of observation made in the appellate Court judgment should not be set aside or to pass order or orders as this Court may deem fit and proper. L.C records were called for. Rule was m......dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ..Category: Procedural Law | Date: | Hits: 118
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....ip as regards the seized goods. The applicant has to give undertaking to the effect that he will be bound by the result of the case and he will be obliged to produce or return the seized goods by the order of the Court and he will furnish sufficient bank security to the satisfaction of the Court…â......ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ..Category: Procedural Law | Date: | Hits: 142
Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)
....osite party no.1. Civil Revision No. 1070 of 2008. Judgment Syed Md. Ziaul Rahim J.- Leave was granted at the instance of pre-emptee petitioner to consider, whether the impugned judgment and order dated 17.07.2007 passed by learned Special District Judge, Pabna rejecting Civil Revision No.5...... case No.19 of 1993 within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 413. ..Category: Procedural Law | Date: | Hits: 163
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
.... the application without assigning any reason. ……………..(3) This is not enough to say simply "heard and rejected". If that is done, that will be considered as serious error of law. Such an order of the learned Executing Court is not a Speaking one and the same cannot be maintained in the ...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ..Category: Procedural Law | Date: | Hits: 128
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
....ion 138 of the Negotiable Instruments Act and issued summons. The accused petitioners surrendered before the Court with a prayer for bail and they were enlarged on bail. The learned Magistrate by his order dated 14‑1‑2002 framed charge against the accused petitioners under section 138 of the Neg...... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
.... to allow the appeal. 12. In N Joachimson Vs. Swiss Bank Corporation (1921 3KB 110), Atkin LJ stated, "The customer on his part undertakes to exercise reasonable care in executing his written orders so as not to mislead the bank or to facilitate forgery." Limited nature of duty on customersâ......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ..Category: Criminal Law | Date: | Hits: 130
....ding up of the company was filed at the instance of the shareÂholders under section 241 read with section 245 of the Act for winding up of the company which was allowed by this Court by judgment and order dated 24-6-2009.
2. Mr. AKM Badrudduza, Advocate of Supreme Court of Bangladesh was appoint......unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 224.
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Category: Company Law | Date: | Hits: 134
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
....ant Rule by which this Court can at all interfere with the impugned proceedings initiated and pending for trial andas such, the Rule is liable to be discharged with cost and stay be vacated. 9. In order to appreciate the submission made by the learned Advocate of both parties, let us now see whet...... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ..Category: Criminal Law | Date: | Hits: 134
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
.........Respondents Judgment April 5, 1989. Result: The Rule is made absolute. The Special Powers Act, 1974 (XI5 1974); Section 8 (1) A District Magistrate is not competent to make an order of detention with a view to preventing a person from doing a prejudicial act within the meanin......er of extension passed by the GovÂernment must also be deemed to be illegal…………..(9) The initial order of detention of the detenu for a period of 30 days and the order was approved by the Government by an order passed by the Assistant Secretary (Security), Ministry of Home Affairs. The i..Category: Criminal Law | Date: | Hits: 74
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