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Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)

....e appeal as early as possible preferably within four months from the date of receipt of this order. Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ......r dated 30.05.99 and other materials on record as annexed with the revisional application and submits that the plaintiff opposite parties instituted partition suit No.12 of 84 for partitioning of the case land as described in the schedule of the plaint which was dismissed on contest and against whic..

Category: Property Law | Date: | Hits: 96

State Vs. Arman Ali and another, 2008, 37 CLC (HCD)

....- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ......on 302/34 of the Penal Code sentencing each of them thereunder to death with fine of Taka 5000/-. 2. Since the condemned persons are in absconsion, they have given state defence. 3. Prosecution case, in short, is that the informant Abdul Mannan lodged an FIR with Meherpur Police station on 29-..

Category: Criminal Law | Date: | Hits: 106

Ejlash Mia Vs. State, 2010, 39 CLC (HCD)

....tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228.  ......ong with the accused persons to the Rangunia Police Station and lodged the F.I.R. therewith upon which the Rangunia Police Station Case No.5 dated 14.5.1993 was started. 4. Police investigated the case and sub­mitted the charge sheet against the accused persons including the accused-petitioner u..

Category: Criminal Law | Date: | Hits: 90

Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)

....without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ......as appellant pre­ferred Family Appeal No.04 of 2001 in the Court of District Judge, Barguna which was ultimately withdrawn on 08.08.2001. 4. On 18.02.2008 the decree holder filed family Execution case No.03 of 2008 in the Family Court with a separate application for condonation of delay of six y..

Category: Limitation Law | Date: | Hits: 147

Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)

.... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ......ha Rin Adalat Ain, 2003 which has resulted in serious miscar­riage of justice as such the impugned judg­ment and order is liable to be set aside. In support of his contention he has referred to the case of M/S. United Leather International Vs. Artha Rin Adalat and others reported in 17 BLT (AD) 20..

Category: Civil Law | Date: | Hits: 89

Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)

....f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......n 6 to Section 4 of the Original Acts by which the Circle Chief on the basis of a certificate issued by the headman of the village or by the Union Parishad Chairman or the Pourashava Chairman, as the case may be, will decide whether person is a non-tribal or not and the provision that without such a..

Category: Constitutional Law | Date: | Hits: 314

Jewel Vs. State, 2005, 34 CLC (HCD)

..... 1908 and he is acquitted of the charge. Send down the lower Court's records at once with a copy of the Judgment for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 310. ......al Case No.463 1988 convicting the accused appellant under section 4(b) of the Explosive Substance Act, 1908 and sentencing him to suffer rigorous imprisonment for 6(six) years. 2. The prosecution case as projected in the First Information Report and unfurled during trial is that on 11.5.1988 at ..

Category: Criminal Law | Date: | Hits: 85

Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)

....le thus fails. In the result the rule is discharged. Let the LCR be sent down immediate­ly. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......ge, special Tribunal Court No.6, Kishoregonj in Special Tribunal Case No.02 of 2002 convicting the petitioner Soharaf Uddin Sohrab to suffer rigorous imprisonment for 10 years. 2. The facts of the case are that, the informant S.I. of police Abdul Awal lodged and FIR before the officer in charge K..

Category: Criminal Law | Date: | Hits: 99

Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)

...., District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ......for taking necessary action. Thereafter, Kotwali Police Station Case No.125 dated 28.5.2007 was recorded. Police after investigation submitted final report (FRT) against the accused as no prima facie case was made out against the accused. On 29.8.2007, the learned Magistrate, Cognizance Court accept..

Category: Criminal Law | Date: | Hits: 84

Md. Habibur Rahman Chowdhury Vs. State and anoth­er, 2010, 39 CLC (HCD)

....of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ......sentative of the accused-petitioner on 17.12.2006 but inspite of receipt of the notice the accused-petitioner did not pay the amount of the afore­said cheques. Thus the opposite party No.2 filed the case on 15.01.2007. 3. The learned Chief Metropolitan Magistrate, Dhaka examined Chandi Das Bhowm..

Category: Criminal Law | Date: | Hits: 138

Bangladesh Film Development Corporation Vs. Chairman, 1st Labour Court, Dhaka and others, 1996, 25 CLC (HCD)

....Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 396. ......ferred to different divisions and performance of her duties was satisfactory. On 14‑8‑93 her service was dispensed with illegally, without giving her an opportunity to show cause or to defend her case, by Memo No.FDC/Pro‑2‑333/92/786/281 (6) dated 12‑8‑93 signed on 14‑8‑93 (Annexureâ..

Category: Labour and Industrial Law | Date: | Hits: 265

Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)

....ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......nd is that, the appellate Court was not empowered to award sentence of fine in addition to the sentence of imprisonment. 3. Perused the judgment and the evidence on record. It appears that in this case the accused also examined three witnesses and those witnesses admitted that the accused took a ..

Category: Procedural Law | Date: | Hits: 105

Akhter Hossain (Md.) Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....roup-2 and Inquiry Officer, Customs House, Dhaka and withdraw the suspension order of license. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 82. ......o.4 issued a office order upon the Petitioner under Memo No.Nothi No.5 (20) 48/ Cus-Agent/83/8909 (35) stating that on 22-5-2002 an office of the detective branch of Customs Department traced out the case of gold smuggling. It is further stated that the representative of C&F Agent Parul Trade In..

Category: Fiscal/Taxation Law | Date: | Hits: 166

Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)

....been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ...... clear that the petitioner has been a fugitive from law for about two years. As a fugitive from law, he has no legal right to prosecute the Rule. But initially, we failed to notice this aspect of the case and heard Md. Ramzan Ali Sikder, learned Advocate for the petitioner and Md. Khurshid Alam Khan..

Category: Criminal Law | Date: | Hits: 99

Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)

....side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......e court wrongly held that the execution of a Bainapatra by the said Raja Kha in favour of the defen­dant No.3 on 01.01.1979 was more prob­able-to be believed on the facts and cir­cumstances of the case, without noticing that if there any bianaparta executed on 01.01.1979 the same would have been ..

Category: Property Law | Date: | Hits: 119

Editor, Bangladesh Observer, Dhaka & another Vs. Member, Labour Appellate Tribunal and others, 1998, 27 CLC (HCD)

....ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 606. ......late Tribunal, Dhaka in Appeal No.3 of 1993 dismissing the same and affirming the judgment and order dated 14‑1‑93 passed by the Third Labour Court, Dhaka, in P.W. Case No.14 of 1992 allowing the case, as evidenced by Annexure 'E' and 'C' respectively to the writ petition should not be declared ..

Category: Labour and Industrial Law | Date: | Hits: 215

Md. Rajib alias Azad Khan Rajib Vs. State, 2011, 40 CLC (HCD)

....r if he misuses the privilege of bail in any manner whatsoever. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 230. ......atment but on the way he succumbed to injuries. 3. The Police after investigation submitted charge sheet accusing nine accused including the petitioner under sections 302/34 of the Penal Code. The case is now pending before the Chief Judicial Magistrate, Comilla for securing arrest of other absco..

Category: Criminal Law | Date: | Hits: 98

Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)

....pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ......e was duly served. It is stated that avoiding that notice the opposite party No.1 sold the property by a kabala deed dated 19.8.2009 and was reg­istered as being sale deed No.8553. It is the further case of the petitioner that thereafter the opposite party No.1 (bank) rectified the sale deed dated ..

Category: Civil Law | Date: | Hits: 112

Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ......n for the second time. He further contends that the aforesaid Memo has the force of law as defined in Article 152 of the Constitution. He in support of his contention referred to the decisions in the case of Dhaka Vegetable Oil Industries Ltd. Vs. Commissioner of Taxes reported in 49 DLR (AD) 136, B..

Category: Civil Law | Date: | Hits: 130

Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)

....rder passed in this case stands vacated. Let a copy of this Judgment and Order be trans­mitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......nt year (2008) but by breaching the terms of the MoU. Md. Nazrul Islam, cleverly did not hold election of Directors in the Annual General Meeting (AGM) of the Bank held on 26-8-2008, referring to the case, to be decided in future and in the result complainant-opposite-party No.2, includ­ing witness..

Category: Criminal Law | Date: | Hits: 100