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Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
....ently. One Afzal, a night guard of C&B coal damp came there but he went back to his place of duty being threatened by Paltu. Salam and Panna went to boat and brought out an old man from boat with hands tied up and handed him over to accused Paltu, Jalal and Helal who took the old man to the bank...... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ..Category: Criminal Law | Date: | Hits: 35
Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)
....ross Money Suit No. 1 of 1994. Being aggrieved by the impugned judgment and decree the plaintiff bank has come up with two appeals being FA No. 304 of 1997 and FA No. 148 of 1999. 12. Mr. Mukunda Chandra Debnath, the learned Advocate appearing on behalf of the plaintiff-appellant bank submits tha......ent form is maintainable? (ii) whether the suit is barred, by limitation and (iii) whether the plaintiff is entitled to get a decree as prayed for? 8. The plaintiff bank filed sanction letter, DP note, letter of continuity and statement of accounts to prove their case. It is also on record that ..Category: Civil Law | Date: | Hits: 101
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
....r the State. Criminal Appeal No. 351 of 1992. Judgment Md. Abdul Quddus J.- This appeal is directed against judgment, order of conviction and sentence dated 20‑1‑1992 by Sessions Judge Chandpur in Sessions Case No. 2/91 arising out of Matlab PS Case 8 dated 29‑9‑89 GR 63/89 under s......police torture, threat, coercion and influence by exercise of which the confession was alleged to have been taken from him. But from column Nos. 7, 8, 9 of Exhibit 2 it appears that there has been no note or mention by PW 6 about any allegation or complaint of police torture or threat to him (PW 6) ..Category: Criminal Law | Date: | Hits: 34
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....like supply of chairs "and was not entered into by the respondent No. 1 (Titas) acting in the “Trading capacity" and discharging an ordinary trading function of the Government. It was, on the other hand, as necessitated for performing the function of the state as a sovereign power and arising out ......royalty and licence fees from the petitioner as its subscriber every year did so in performing functions in connection with the affairs of the Republic or of a local authority. 18. We have already noted that the Government of Bangladesh acting through the Ministry of Posts and Telecommunications ..Category: Information Technology Law | Date: | Hits: 217
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
.... No.1 is claiming title through Pear Baskha by way of taking settlement are forged and collusive papers which had been created for the purpose of the suit. 6. The High Court Division, on the other hand, observed that the trial court illegally admitted the deed dated 11th June 1966, Exhibit 1, as ......le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10...Category: Property Law | Date: | Hits: 36
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
....ch, there was a salish and it was decided with the consent of the defendant that he would vacate the suit property within 3 months from 10‑6-1994, the date of salish. But as the defendant failed to hand over vacant possession of the land 3 month’s notice under section 106 of the Transfer of Prop......all Causes Court and Subordinate Judge, 3rd Court, Dhaka in SCC Suit No. 3 of 1995. 2. The relevant facts, necessary for disposal of the Rule, are that the opposite party No.1 instituted the above noted SCC Suit against the petitioner (defendant) for eviction of monthly tenant alleging that she, ..Category: Property Law | Date: | Hits: 28
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
....pplication for pre‑emption is barred by limitation is untenable in law. Which has been supported in the case of Jafar Ali vs. Hushiar Ali and others reported in 46 DLR (AD) 187. 13. On the other hand, the learned Advocate for the pre-emptee opposite party No.1 submits that except the point of l......assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ..Category: Property Law | Date: | Hits: 39
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
....………………………………………..Respondent Judgment January 11, 2004. Cases Referred To- Siraj Miah vs. State, 2 BLC 402; Abdus Soblian vs. State, 45 DLR (AD) 134; Jatin Chandra Sit and others vs State, 43 DLR (AD) 223 & Abut Kashem and others vs. State, 1990 BLD (AD...... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ..Category: Criminal Law | Date: | Hits: 30
Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)
....efendant Nos.14 and 15. The plaintiffs claim that plaintiff No.1 together with pro forma defendant Nos.14 to 16 thus acquired the entire suit land and to be in possession thereof. 11. On the other hand, case of the plaintiffs in the subsequent suit is that the said waqf estate on receipt of Kabul...... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149...Category: Procedural Law | Date: | Hits: 65
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...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......along with Chairman Abdul Halim were walking towards their village and reached the wheat field by the side of the pathway, Chairman cried out that he was stabbed and murdered. It is very important to note that both of these two witnesses have not mentioned in their statements under section 164 of th..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......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......g licence fee and royalty fee pursuant to the 1885 and 1933 Acts. The petitioner had paid licence fee and royalty fee for the TV transmitter and wireless equipment in 2000 and 2001 pursuant to demand notes issued by the Ministry of Post and Telecommunication dated 3‑4‑2000, 25‑2‑2001 and 13â..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...... 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......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 ......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73...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....... 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......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470...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......fied accused Md. Ali Hossain in good faith believing him to be Haji Asgar Ali. Subsequently, he learnt that accused Md. Ali Hossain impersonated himself as Haji Asgar Ali in connection with the above noted LA case. Subsequently, when he was called at the office of the ADC, Narayanganj to be appraise..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...... 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
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