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Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)

.... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ...... mechanically. 13. The material issue was, as to what the par­ties really intended to achieve by such transaction. Had it been a mortgage the sellers would be the real beneficiaries and found interested in defeating the right of preemption. But none of the sellers appeared and contested the ...... Ed This Case is also Reported in: 59 DLR (2007) 116. ...... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ..

Category: Property Law | Date: | Hits: 27

Lokman Hossain @ Md. Lokman Ali (Md) Vs. State, 2003, 32 CLC (HCD)

....h to prove the case of the prosecution when admittedly accused-appellant had oil mill for the purpose of production of edible oil. The local seizure list witnesses are always in favour of the accused persons in our social perspective, as such, the decision, given in red container from the Oil Mill o......nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ......ail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ......nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ..

Category: Criminal Law | Date: | Hits: 35

Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)

.... since then defendant No. 1 has been possessing the same. 6. It is further stated that the defendant No. 1 has transferred an area of 2.68 acres of land out of the suit jote in favour of different persons and has been possessing the remaining lands; that the plaintiff has no right, title and inte...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98.......i vs Suruj Ali and others 7 DLR 94; Abdul Kader Rari and others vs Kaiser Ahmed Howlader 3 MLR 227 = 4 BLC 17; Parkash Chand vs Hans Raj, AIR 1994 HP 144; Santosh Kumar Chakraborty vs MA Motaleb Hossain 36 DLR (AD) 248; Government of Bangladesh represented by the Additional Deputy Commissioner (Rev)...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98...

Category: Property Law | Date: | Hits: 49

State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)

....rence and was declared a hostile witness by the prosecution. In his cross-examination by the prosecution, he denied that at 9-00 PM on 15th October, while going to the Puja Mondap, he saw the accused persons sitting on the border of the turmeric field having a discussion and heard on the following d......pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......e lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......tings of eminent novelists such as Charles Dickens (born 1812), who himself suffered the life of an impoverished child in the poor part of London and had to work as a child without the benefits of an education until he came into some funds by way of a legacy and again took up studies. It was at this..

Category: Criminal Law | Date: | Hits: 167

Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)

.... by notification in the official Gazette, two panels, one of which shall consist of representatives of employers and the other of representatives of the workmen, each consisting of not more than five persons: Provided the Government shall reconsti­tute such panels after every two years, but ......expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ......r Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ......expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ..

Category: Labour and Industrial Law | Date: | Hits: 108

Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)

....y's face burnt with acid, whereupon he asked his daughter and wife about the acid burn injury, then both of them told him that at about 8-20 PM they were talking inside their kitchen when 3/4 unknown persons entered into their kitchen from the south side and threw acid on the face of victim Beauty w......long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......an Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ..

Category: Criminal Law | Date: | Hits: 45

Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)

....along with him. She stated that after going ahead she found a microbus but she refused to get into the same but, at last, for the fear of her life she boarded the same and found the presence of other persons in the microbus. She stated that they took her to Naogaon and after one day's break they wen...... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ......udgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ...... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ..

Category: Criminal Law | Date: | Hits: 40

Abul Kashem Vs. State, 2005, 34 CLC (HCD)

....h filling; then the accused told that earth filling was going on and on enquiry the complainant did not see any sign of earth filling. Thereafter, the complainant went near the project and asked some persons about the project who stated that there was no existence of such project there. It is furthe......ve evidence that, they searching the ownership of land purchased the same and got possession thereof and they also mutated their names in the purchased land. It further appears that all witnesses are interested whose evidence cannot be relied upon. Moreover, the allegation against the accused person......y on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ..

Category: Criminal Law | Date: | Hits: 41

Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)

....f his and another share to his house-keeper. The other director said that the company was really a family concern and therefore the shares should not be transferred singly or in small lots to outside persons having no interest in, or knowledge of, shipping. In the said case the power of the director......pany took no action to comply with the petitioner’s request to register the transfer of the said shares in his name and, in fact, deliberately kept the matter in abeyance at the instance of certain interested quarters. At the 88th Board meeting the Directors of the company considered 46 different ......er section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ..

Category: Company Law | Date: | Hits: 181

Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)

....kter entered into Karim's courtyard, surrounded him and started assault­ing him. Accused Momin Malitha gave Abdul Ka­rim fala blows on his head as well as on his chest. Badaruddin and other accused persons gave him lathi blows and as a result Karim fell down in his court­yard. P.W. 4, Kauser, P.W......he witnesses. In this view of the matter, we feel that it is not at all safe in the facts and circumstances of the case to rely on the evidence of P.W. 4 who is the son of the informant and naturally interested and to convict and sentence this appellant Badaruddin Malitha under section 323 of the Pe......to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37.......part subject to the modification with re­gard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37...

Category: Criminal Law | Date: | Hits: 52

Monowara Begum Vs. Secretary, Ministry of Home Affairs, 1988, 17 CLC (HCD)

....e Constitution reads as follows: "No law providing for preventive detention shall authorize the detention of a person for a period exceeding six months unless an Advisory Board consisting of three persons, of whom two shall be persons who are, or have been, or are qualified to be appointed as, Ju......et aside. We di­rect that the detenu Gafur Mohammad Ibrahim be re­leased and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35.......ammad Ibrahim be re­leased and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35.......et aside. We di­rect that the detenu Gafur Mohammad Ibrahim be re­leased and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35...

Category: Criminal Law | Date: | Hits: 29

Amir Hossain Vs. State, 1988, 17 CLC (HCD)

....each by his judgment dated 21-4-85 in Sessions Case No. 105 of 1983. 2. The prosecution case in brief is that on the night following 13.11.77 at about 11 P.M. a gang of dacoits consisting of 18/20 persons being various­ly armed with gun, ramdao, dagger, torch light etc. raided the house of the i......se. So far as accused appellant Rustom Ali is concerned his appeal is dis­missed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ......oncerned his appeal is dis­missed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ......se. So far as accused appellant Rustom Ali is concerned his appeal is dis­missed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ..

Category: Criminal Law | Date: | Hits: 51

Jamil Siddique alias Bulbul Vs. State, 1988, 17 CLC (HCD)

....xamine the witnesses already examined. Justice demands that such an opportunity ought to have been given to the appellant. The trial Court is not meant for only con­victing or acquitting the accused persons but their duty is to administer justice. In the present case be­fore us by refusing to reca......lready examined during the absence of the appellant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30.......lant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30.......lready examined during the absence of the appellant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30...

Category: Criminal Law | Date: | Hits: 35

Siddik Ali Vs. State, 1987, 16 CLC (HCD)

.... southern side of appellant Siddik's house and at his identification the Officer-in-charge prepared the inquest report and sent the dead body to the morgue. In cross-examination he stated that 50/ 60 persons live in their house and there are 300/400 families in their village. He has admitted in his ......tion and sentence passed on the appel­lant is set aside. Let the appellant be set at liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 26. ......set aside. Let the appellant be set at liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 26. ......tion and sentence passed on the appel­lant is set aside. Let the appellant be set at liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 26. ..

Category: Criminal Law | Date: | Hits: 30

State Vs. Badshah Mollah, 1988, 17 CLC (HCD)

....visited the place of occurrence, prepared the sketch-map of the place of occurrence, examined wit­nesses under section 161 of the Criminal Procedure Code and submitted charge-sheet against 4 accused-persons including this condemned-prisoner under sec­tion 302/34 of the Penal Code. During investiga.......W.2 is an old man. His evidence is full of contradictions and inconsistencies and it does not inspire any confidence. 23. P.W.3 Most. Mazeda Khatun, wife of de­ceased Babu Mollah is naturally an interested wit­ness. According to her deposition she had seen Bad­sha Mollah going to the beel wit......oner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11....... set aside. We direct that the con­demned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11...

Category: Criminal Law | Date: | Hits: 42

Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)

.... as per agreement/ undertaking to complete and deliver both the vessels by 30.6.83 but the same have not been delivered till today. 7. That under the aforementioned tripartite contract the accused persons are clearly obliged to purchase new engines for the coaster. But instead of purchasing the n......tion vessels incomplete they have violated contract of loan as well as relevant provision of P.O. 128/72 and rules there in collaboration with the borrowers and it may appear that they are not at all interested to implement the project. 10. That all the above named accused persons intentionally, ......lute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46...

Category: Criminal Law | Date: | Hits: 67

Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)

....3 of the Banking Companies Act, 1991 and it runs as follows: “103. Nomination for payment of depositor’s money.— (1) Where a deposit is held by a banking company to the credit of one or more persons, the depositor or, as the case may be, all the depositors together may nominate, in the pres......d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......ction is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ..

Category: Banking Law | Date: | Hits: 122

Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)

....missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......and decree passed by the Artha Rin Adalat the same must be filed before the High Court Division within 30 days from the date of the decree. It has further been provided that if the judgment-debtor is interested to prefer any appeal against the judgment and decree passed by the Artha Rin Adalat it sh......ower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ..

Category: Banking Law | Date: | Hits: 136

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)

.... Sutrapur Police Station has contested the Rule by filing affidavit-in-opposition denying the allegations made in the original application stating, inter alia, that at the instance of some interested persons with a view to feed fat their personal grudge this respondent No.4 has been implicated upon ......ecial Powers Act and, as such, the order of detention and grounds thereof are illegal and without lawful authority. It has been further asserted that the detenu has been detained at the behest of the interested quarters which is nothing but colourable exercise of power. It further appears from the n......their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ..

Category: Criminal Law | Date: | Hits: 106

Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....International Covenant on Civil and Political Rights to a speedy trial, as ratified by Bangladesh in the Year 2000. 5. In a Supplementary Affidavit on behalf of the petitioner another list of 7402 persons who are under trial prisoners has been furnished by the petitioner to show that these person......is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11.......ttorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11.......is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11...

Category: Criminal Law | Date: | Hits: 45