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Manjurul Haque and 12 others Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others, 1999, 18 CLC (HCD)

.... the local people it can easily be presumed that to create earning facilities to a large number of educated Moulavies and Moulanas who are unemployed Government has adopted the policy of curtailing a part of the larger areas allocated to the marriage registrars appointed long ago. Population of any ......respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 261.......respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 261...

Category: Civil Law | Date: | Hits: 89

Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)

....llows: “It cannot be ruled that the cut rifle might have been planted by one of the enemies of this accused appellant as suggested to the witnesses of the defence. It may also be machination on the part of Maiuddin who made the first disclosure. Be that as it may, one cannot be very certain that t...... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252....... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252...

Category: Criminal Law | Date: | Hits: 73

State Vs. Tota Mia, 1997, 16 CLC (HCD)

....r, expressed doubt about the presence of P.W.3 on the ground that the shirt of P.W.3 ought to have been blood stained, but the prosecution did not produce it. This may be an omission, we find, on the part of the investigation officer for which the entire evidence of P.W.3 cannot be discarded. 15.......their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244.......their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244...

Category: Criminal Law | Date: | Hits: 74

Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)

....posited by the borrower that would be entered into the ledger and on receipt of the order from the Head Office regarding the appeal the case would be disposed of. 3. Thereafter on 26-2-98 opposite party Momtazul Islam’s alleged attorney Md. Abdus Samad, Advocate filed an application before the ......) in auction.” 2. The said order was upheld by this court in FMA No.169 of 1997 on 18-8-97. Thereafter Opposite Party filed an application on 19-8-97 with a copy of receipt dated 18-8-97 showing payment of Taka 20,000.00 and prayed for passing an appropriate order. Thereafter, on 7-9-97 Distric......The aforesaid two persons filed a written objection denying the allegations and further stating that after they had supplied the statement of accounts on receipt of copy of the judgment record of the loan case along with the copy of the judgment was sent to the Head Office. On the expiry of June eve..

Category: Criminal Law | Date: | Hits: 73

Nurul Huq Vs. Secretary, Rural Electri­fication Board and another, 1991, 20 CLC (HCD)

....vice regulations. He further submits that negligence of duty does not call for a major penalty as per Regulation No.29 of the Service Rules. 7. We have heard the learned Advocate of the respective parties. It appears from Annexure 'B' which is the first show cause notice that the petitioner on 3.......ade without lawful authority and to be 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: 45 DLR (HCD) (1993) 666. ......ade without lawful authority and to be 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: 45 DLR (HCD) (1993) 666. ..

Category: Employment/Service Law | Date: | Hits: 65

State Vs. Sree Ranjit Kumar Prama­nik, 1990, 19 CLC (HCD)

.... condemned accused was conclusive proof of his involvement in the alleged offence. He tried to establish a mens rea by suggesting that the alleged membership of the condemned accused of the Communist party might have something to do with the killing. 7. P.W.1 Abdul Malek Mollah, who is also the i......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660.......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660...

Category: Property Law | Date: | Hits: 69

Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)

....and in making order under section 6 the proceeding, order, judgment and decree of an Artha Rin Adalat not amenable to interference by any court or authority, the aim of the Adalat Act was to create departures from the Code of Civil Procedure. Section 7, it may be said, was meant to be an exception t......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......2000 BLD (AD) 162=52 DLR (AD) 176 it has been held that Artha Rin Adalat has been set up under the Artha Rin Adalat Ain, 1990 with a judicial officer as presiding officer for adjudication of claim of loan by the financial institutions which include banks. No special procedure has been provided for t..

Category: Administrative Law | Date: | Hits: 200

Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)

.... with Civil Revision No. 4974 of 1999. Judgment MA Wahhab Miah J.- These two Rules have arisen out of an analogous judgment and are disposed of by this single judgment. 2. The opposite party No. 1 (in both the Rules) filed Title Suit No. 144 of 1975 in the court of Subordinate Judge, ......rom interfering with his peaceful possession in the suit land and for further declaration that the plaintiff with his structures in the suit land was entitled to continue with his leasehold right on payment of usual rent. 3. The plaint case is that the suit land was leased out to Messers North B......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350...

Category: Property Law | Date: | Hits: 122

State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)

....n in respect of all these false criminal cases. 3. Although the relevant records were sent by the jail authority, Satkhira Jail and the detenu was produced before the Court, none of the opposite‑parties appeared and filed any affidavit in respect of the allegations made in the order of issuance......y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ..

Category: Criminal Law | Date: | Hits: 97

M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)

...., 2008 passed by the High Court Division in Writ Petition Nos.8679 with 8885 of 2006). Order Md. Abdul Wahhah Miah J. - Delay of 1064 days in filing the leave petitions is condoned. 2. Third party petitioner seeks leave from this Court against the judgment and order dated the 11th day of Ju......10,00,000.00 on the importer under "table clause 9 & 14" of section 156(1) of the Act, confiscated the imported goods to the state and also ordered to release the goods in lieu of confiscation on payment of TK.5,00,000.00 subject to the quality of test of the goods by BSTI and also subject to th......nd respondent No.1 shall file the concise state­ment within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ..

Category: Fiscal/Taxation Law | Date: | Hits: 168

Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)

....eports. In this connection the learned Joint District Judge noticed clause 15 of the tender doc­ument which provided that the pre-level section and enclosed with tender showing spot levels will form part of the contract agreement and quantities of earth will be calculated on the basis of pre-work a......94,86,749/-. It performed its duty as per terms of the tender notice but the appel­lants did not pay it the bills as per prevail­ing rule and as a result it sustained huge loss and defaulted in the payment of the loans which it took for the said works. While the execution of the works was in progr...... performed its duty as per terms of the tender notice but the appel­lants did not pay it the bills as per prevail­ing rule and as a result it sustained huge loss and defaulted in the payment of the loans which it took for the said works. While the execution of the works was in progress, the appell..

Category: Civil Law | Date: | Hits: 73

Shahidullah and others Vs. State, 1991, 20 CLC (HCD)

.... Liquor got secret information on 6.9.87 that some contraband medicines were on sale in the MS Drugs of Kazal Medicine Market in Mitford Area and on receipt of the information he laid a trap and as a part of the trap he sent constable Mujibur Rahman with Tk. 5000.00 to buy Phensidyl Syrup which is c......he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ......he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ..

Category: Criminal Law | Date: | Hits: 60

Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)

....o.139 dated 15.10.1980. The appeal case was numbered as Appeal case No.25187/81. The appellate authority after complying with the due formalities and after obtaining the Survey Report and hearing the parties allowed the appeal and directed the inclusion of the names of the petitioners to the extent ......S khatian in Korfa right. The said RS khatian was under khatian No.25 of Jote No.1 and the owner of the said jote No.1 was one Abdul Aziz Sarang in raiyati right. The said Jotedar having defaulted in payment of revenue, the Jote was put to auction and ultimately the entire lands vested in the Govern......assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ..

Category: Property Law | Date: | Hits: 73

AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)

.... office with the two currency notes and at about 4‑30 pm said Moniruzzaman was placed near Dolphin Furniture for receiving the signal from aforesaid Rezia Khatun and the other personnel of the trap party were standing nearby. 3. It is also the case of the prosecution that on receipt of the sign......Anti­ Corruption Officer himself signed the two five hundred taka currency notes and instructed said Rezia Khatun how to pay the gratification to the appellant and how to give necessary signal after payment of the gratification. Thereafter, this said Rezia Khatun was introduced to constable Moniruz......lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626...

Category: Criminal Law | Date: | Hits: 90

Kazi Shafiul Nasher Vs. Secondary and Higher Secondary Education Board, Jessore and others, 1991, 20 CLC (HCD)

....one Mr. Meaer Ahmed, Upazila Accounts Officer, Babuganj at the time of his transfer and Mr. Nur Mohammad received these scripts from Mr. Meser Ali giving written receipt. It is also stated that two departmental proceedings are now pending against the petitioner's father for misusing of official powe......ayer in disposing of a matter under Article 102 of the Constitution. The Rule is therefore discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 619.......ayer in disposing of a matter under Article 102 of the Constitution. The Rule is therefore discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 619...

Category: Civil Law | Date: | Hits: 159

Elas Bepari @ Akhas Vs. The State, 2011, 40 CLC (AD)

....ppeal has been filed by him before this Division. 9. Mr. Khandaker Mahbub Hossain, the learned Counsel appearing for the peti­tioner submits that when as many as 52 persons attacked the informant party including the deceased being armed with various weapons it was impossible on the part of the e......judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535.......judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535...

Category: Criminal Law | Date: | Hits: 52

Md. Yusuf Ali and other Vs. The State, 2011, 40 CLC (AD)

.... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ...... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ...... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ..

Category: Criminal Law | Date: | Hits: 52

Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)

....roper­ty provided that the defendant No.4 paid Tk. 3,50,00,000/- only to the defendant No.1 in full settlement of its claim. The defendant No.5 then offered to sell the mortgaged property to a third party and knowing such, the plaintiff decided to pur­chase the property at Tk.3, 50, 00,000/-. On 1......Bank in the account of defendant No.4; Taka 1,00,00,000/- (one crore) was to be deposited within 31.7.2001 and Tk. 3,00,00,000/- (three crore) within 30.9.2001. But the plaintiff failed to make those payments as per schedule. As a result, on 16.6.2002 defen­dant No.1 rescinded the contract and the ...... Judge, Dhaka for Specific Performance of contract stating, inter alia, that the plaintiff company is a sister concern of Globe Pharmaceuticals Group of Companies. The defendant No.4 Company obtained loan from the defendant No.1 Bank and the defendant No.5 as the Managing Director of the defendant N..

Category: Civil Law | Date: | Hits: 93

Kazi Kamrul and others Vs. State, 2011, 40 CLC (AD)

....e period in custody in the mean time. The accused-respondent being aggrieved by the said judgment and order of conviction preferred an appeal in the High Court Division, which upon hearing allowed in part and set aside the fine imposed upon the accused respon­dents. The High Court Division, however......the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ......the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ..

Category: Criminal Law | Date: | Hits: 64

Bangladesh Vs. Abdul Matin Sarder being dead his legal heirs: 1(Ka) S.M. Yahia Iqbal and oth­ers, 2011, 40 CLC (AD)

....ring the plaintiffs' title in the suit land." Petitioner is permitted to prepare the paper book out of Court in accordance with rules. Ed. This Case is also Reported in: VIII ADC (2011) 479. ......ession therein alleging, inter alia, that the plaintiffs acquired title to the suit land on the basis of settlement from the landlord Narendra Nath Laha by a registered patta dated 14th July, 1944 on payment of salami of Tk. 7,000/-, and at the rental of Tk.150/-in the benami of Khairul Alam and on ......ring the plaintiffs' title in the suit land." Petitioner is permitted to prepare the paper book out of Court in accordance with rules. Ed. This Case is also Reported in: VIII ADC (2011) 479. ..

Category: Property Law | Date: | Hits: 76