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Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
....e applicant and, as such, they have sent the necessary evidence to them on 20‑3‑2001 which is within reasonable time and, as such, they have complied with Rule 33 of the Rules. 3. On the other hand, the respondent No. 1 contended that it was incumbent upon the appellant to forward the evidenc...... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145....... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145...Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....ome from Burichang. But the condemned prisoner Abul Kashem and the accused appellant Anowar Hossain Pintu started for Burichang without waiting for the Chairman to come back home with dagger in their hands saying that they would demand justice from the Chairman on the way. At that time accused Nabal......cked wood apples from the trees belonging to deceased AKM Abdul Halim, Chairman of No. 8 Rajapur Union Parishad, Burichang. The eldest daughter of Abul Halim Chairman, Asina Akhtar Lipi, rebuked them over the said incident followed by an altercation between these two boys and Lipi. Mizan and Faruque......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132...Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....went to the bank of the canal with Rokeya Begum he found Shah Alam and second wife Khodeja Begum standing there. He, also, found Alamgir and Motaleb and two other persons. Alamgir had a dagger in his hand. Khodeja Begum and Shah Alam had napkins in their hands. He saw Alamgir stabbing Rokeya Begum w......f both convict-appellant Shah Alam and deceased Rokeya Begurn made communication with him that convict-appellant Mir Hossain alias Mira called out his mother Rokeya Begum out of the house. d. Recovery of dead body of victim Rokeya Begurn on a land situated on the eastern bank of a canal Sarowat......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124...Category: Criminal Law | Date: | Hits: 31
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ions, all the Company's bank accounts were frozen by the syndication lenders led by Standard Chartered Bank. Since being elected chairman and chief executive officer Mr. Abdus Salam has been single handedly bearing all the operational expenses of the Company including salaries of 180 employees, ma......isudin Ahmed, Advocate-For the Respondent No.7. AJ Mohammad Ali, Additional Attorney‑ General, Adilur Rahman Khan, Deputy Attorney‑ General with Razik Al-Jalil, Assistant Attorney-General-For Government Respondents. AKM Shamsul Karim, Advocate-For Respondent No. 3 (In all the Writ Petition......about Taka 90 crore. The interest of the bank loan has been accruing every day and the bank account of the Company has been frozen for non payment of instalments. ETV Limited is under the control and management of a new authority and had nothing to do with the old regime. Whatever was the status of ..Category: Information Technology Law | Date: | Hits: 230
Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)
....d ultimately, filed his objection without seeing such awards and the learned Joint District Judge was wrong to reject the objection without considering such failure of the umpire. 10. On the other hand, Mr. Mohiuddin Ahmed, learned Advocate on behalf of the opposite party No. 1, took us through t...... CWN 223. 12. Only issue facing us is, whether or not the objection filed by the petitioner on 24‑9‑2001 was barred by limitation. 13. The facts stated hereinbefore do not admit of any controversy. In the written objection, the petitioner categorically admitted to have received on 3‑11...... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ..Category: Alternative Dispute Resolution | Date: | Hits: 161
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
.... ought to be decided by Court on evidence, Assistance of the commissioner is necessary to elucidate any ambiguous or cryptic point, which cannot be clarified by direct evidence in Court. On the other hand, a person authorised under rule 7 of Order XXXIX of the Code has got no power to collect such e......ct matter of the suit or any question arising therein. The words detention or preservation of a property does not appear to be of any ambiguity but inspection of suit property gives rise to much controversy as to its nature and extent, particularly, vis‑a‑vis investigation under Order XXVI rul......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ..Category: Property Law | Date: | Hits: 26
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....cted the course of justice by not extending their cooperation to call, hold and conduct the AGM for the years in question. The learned Advocate further submits that it was the duty of the Chairman to handle the question if at all it was raised on the floor of the meeting but that cannot be a ground ......d on receipt of the letter dated 17‑7‑2003 from the contemner-opposite party No. 2 Mr. KZ Alam referred to this earlier letter dated 19-7‑2003 and talked to the contemner-opposite party No. 1 over telephone regarding holding of the AGM and again by his letter dated 22‑7‑2003 requested th......KZ Alam, Barrister-at-Law and a Senior Advocate of this Court was appointed as Chairman designate to call, bold and conduct the AGM for the aforesaid years. By that order this court also directed the management of the Bank to extend all co‑operation to the Chairman designate in the matter of holdi..Category: Banking Law | Date: | Hits: 158
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
....hat the Daroga prepared inquest report of the dead body of the deceased in his presence and claimed to have seen different injuries on different parts of her body, such as below the left ear and left hand. He denied the defence suggestion that there was no mark of injury on the body of the deceased.......ara was married with the accused appellant 5/6 years ago, but their conjugal life was not sweet, as the latter (accused-appellant) used to torture the former (deceased) both mentally and physically over dowry. The further case of the prosecution is that in last Ashar, 1399 BS the accused-appellant...... Send 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: 56 DLR (2004) 65...Category: Criminal Law | Date: | Hits: 88
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....st the termination order dated 19.09.1981 inasmuch as the respondent being a worker had his remedy before the labour Court and not in a suit before the civil Court. 17. The respondent on the other hand submits that the proviso to section 25(1) of the Act does not provide for the respondent any sc......er Sections 4 and 9 of the Code of Civil Procedure and also under Section 42 of the Specific Relief Act and that the plaintiff filed the suit in a wrong forum being an employee of a commercial bank, covered by the definition of "Worker" as defined in the Employment of Labour (Standing Orders) Act, 1......ll the Bank Employees of the country went on strike as a mark of protest and so the plaintiff-respondent No.1 along with other staff of the Bank did not attend their job since 10.09.1981 and the bank management announced, through radio and television, a general amnesty to the striking employees decl..Category: Employment/Service Law | Date: | Hits: 95
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
....ction 101 of the Code of Criminal Procedure, sent the disputed account opening form, the standard signatures of Haji Asgar Miah, the signatures of accused Md. Ali Hossain and accused Tara Miah to the hand-writing expert and obtained his opinion thereon and after completion of the investigation and o......heques from one branch to another branch. He denied the defence suggestions that accused Tara Miah put his signature in cheque Exhibit 6 just for obliging his superior officers. He stated that he discovered with the help of accused Tara Miah the fake Haji Asgar Ali. He stated that accused Tara Miah ...... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ..Category: Criminal Law | Date: | Hits: 40
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
.... to produce the original statements recorded under section 161 and the statement recorded under section 164 of the Code of Criminal Procedure in this Court at the time of hearing the Rule. 3. Mr. Khandaker Mahbubuddin Ahmed along with Mr. MA Malek made submissions on behalf of the Mr. Khondaker M...... of the Court. In this connection, he has also invited our attention to the fact that an inquiry was held by the Court concerned and the concerned staff of the copying department admitted that due to over sight and mistake name of ABM Fazlul Karim was mentioned in the certified copies. Mr. Faruque t...... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ..Category: Criminal Law | Date: | Hits: 45
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....esh Imam, Muazzins of the Mosque, teachers of School and College and staff members of Medical Centre and Hospital are “workers” or ‘Workman” as defined in the statutes referred to above, have handed done Judgments which are diametrically opposed to each other, the trial Court decreeing the s......f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......al Centre and Hospital run by the factory. The central question is, whether the pesh Imam, Muazzins, teachers of School and College and staff members of Medical Centre and Hospital run by the factory management are teachers as defined in the Employment of Labour (Standing Orders) Act, 1965 and the I..Category: Labour and Industrial Law | Date: | Hits: 99
Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)
....ary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ..Category: Family Law | Date: | Hits: 186
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....abdur Rahman, 6 DLR 81, Md. Mokan Ali Lasker vs. Sekandarul Islam, 17 DLR 673; Ajiruddin vs. Rahman Fakir, 13 DLR (SC) 191; Safia Khatun vs. Mahbubur Rahman, 13 DLR 753; Shah Abdul Hamid vs. Prokash Chandra Nandi and another, 38 CWN 832. Lawyers Involved: Md. Mozibur Rahman, Advocate—For the...... in the land allotted to the share of the decree-holders and, as such, section 6 of the Ordinance had no manner of application. Needless, to say that a homestead and huts are not always the same. Moreover, the petitioners failed to produce any evidence to support their claim that there was any homes......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ..Category: Property Law | Date: | Hits: 29
State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)
....n him on different parts of the body. It has been alleged that accused Ashraf Ali gave two kiris blows aiming at the head of deceased Abdul Mabud Master but the victim managed to save his head by his hand, resulting in injury to his left palm. Immediately thereafter accused Rashid Ahmed gave a knife......, the learned Assistant Attorney-General appearing for the State appellant, submits that although the prosecution proved its case against the accused-respondents by most consistent, corroborative and overwhelming evidence of competent witnesses, the learned Additional Sessions Judge on mis-reading a......hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ..Category: Criminal Law | Date: | Hits: 76
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....cused-Appellant Vs. State…………………………….Respondent Judgment December 8, 1999. Cases Referred to- Akhter Hossain and others Vs. State, 4 BLC 236 Abdul Wahed alias Chandu Mia Vs. State, 4 BLC 320. Abu Taher Chowdhury Vs. State, 42 DLR (AD) 253. Lawyers Involved:......ought Sanwara to the house of the informant. After their departure the victim girl narrated the incident of her violation to the informant and her mother and others. The local people assured a salish over the incident but ultimately failed. Thereafter the informant lodged the First Information Repor......is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ..Category: Criminal Law | Date: | Hits: 32
....R 1, Harris-v-Ministry of Interior, 1952 (2) SA 428, R-v- Secretary of State for Transport, ex-parte Factortame, 1989 AC 603, Keshawar-v-Bombey, AIR 1951 SC 128, Behran-v-Bombey, AIR 1955 SC 123, Dupchand-v-UP, AIR 1959 SC 648, Keswar-v-Bombay, AIR 1951 SC 128, M.P.-V-Bharat Singh, AIR 1967 SC 1170,......kistan, PLD 1998 SC 735, Halima Khatun –vs- Bangladesh and others, 30 DLR (SC) 207, State-v-Haji Joynal Abedin, 32 DLR AD 110, Kh. Ehteshamuddin Ahmed –v- Bangladesh, 33 DLR AD 154, Nasiruddin-v-Government of the Peoples Republic of Bangladesh, 32 DLR AD 216, Bangladesh Italian Marble Works Ltd-......he certificate asked for, which is hereby issued.
There is however, no Order as to cost.
Sheikh Md. Zakir Hossain J.- I agree.
Ed.
This Case is also Reported in: 63 DLR (2011) 565.
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Category: Constitutional Law | Date: | Hits: 482
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
....shingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......Mr. Pal then submits that the learned Subordinate Judge has committed an error of law in directing the executor of the power-of-attorney to be present in Court in order to prove the power-of-attorney overlooking the mandatory provision of section 85 of the Evidence Act. According to Mr. Pal, since R......te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227...Category: Property Law | Date: | Hits: 39
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....dering the material evidence on record and the same has also occasioned failure of justice. 8. Mr. Shawkat Ali Khan, the learned Counsel appearing for pre-emptor-opposite party No. 1, on the other hand, submits that the learned Courts below on detailed discussion and consideration of the material......lication contending, inter alia, that after purchase they duly mutated their names in respect of the case land and the jama has been duly separated, following which they have been paying rent to the Government Acquired Estate and, consequently, the pre-emptor is no longer a co sharer to the case jot......turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223...Category: Property Law | Date: | Hits: 31
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....………..(17) Cases Referred to- AIR 1973 Allahabad, 548 (Kashinath Bhatt and others Vs. Alma Ram and others); Sayesta Bibi and others Vs. Juma Shah and others 42 DLR (AD) 53; Mrs Malati Ramchandra Raut and others Vs. Mahadebvasudes Joshi and others, AIR 1991 (SC) 700; Sree Jugal Kishore Sa......of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ......of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ..Category: Property Law | Date: | Hits: 42
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