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Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)
.... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ......ditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ......ľŕ¦¦ŕ§€ŕ¦° অংশে দিয়া বাদীকে গোলাŕ¦ŕ¦ľŕ¦—ের প্রাথমিক ডিক্রী দিবার আজ্ঞাহয়।” 10. It appears from the order‑sheet of the trial Court that trial was closed on 25‑11‑77 and 26‑11‑77 was fixed fo..Category: Property Law | Date: | Hits: 97
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....me is not Haider Ali, but Mofazzal Ali Haider. Condemned prisoner Kamal Ahmed and Emdad at first jointly filed a jail appeals, but subsequently separate memo of appeals were filed by their respective lawyers and regular appeals were started. Mofazzal Ali Haider filed separate appeal. The other conde...... Judgment June 10 & 11, 1997. Result: The Death Reference is rejected. The appeals filed by the two appellants are allowed in a modified form. Cases Referred to- Mezanur Rahman and others Vs. State, 16 BLD (AD) (1996) 293; Abul Kashem and others Vs. State, 42 DLR 37; Sheikh Ah......d persons were innocent, that they were in no way connected with the murder or robbery of the money, that the staff of Md. Ali Hospital, Bogra as well as police were involved in the occurrence and in order to save their skin have fabricated a false case against the accused persons. The specific case..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....Abdur Rashid (who subsequently was promoted to the post of Lieutenant Colonel wherefrom he retired.). It is contended further that the petitioner wanted to see the search warrant but the personnel of law enforcing agencies failed to show any search warrant but forcibly entered into the house creatin...... June 24, 1997. Result: The Rule is made absolute. Cases Referred to- Queen Vs. Blake, 1844 6 QB 126; 2 BLC (AD) 75; Khondker Maniruzzaman Vs. State, 17 BLD (1997) 11; AKM Mohinus Sakh and others Vs. State, 45 DLR 386; 17 BLD (AD) 54. Lawyers Involved: Mahbubur Rahman with Farah......gment Badrul Islam Choudhury J.- Rule was issued on petition under section 439 read with section 435 Cr.P.C. upon the Deputy Commissioner, Dhaka representing the State, to show cause as to why the order dated 7‑4‑97 passed by the Sessions Judge, Dhaka in Sessions Case No.319 of 1997 framing c..Category: Criminal Law | Date: | Hits: 107
State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)
....ed prisoner Seema Begum. There was no good relationship in between the condemned prisoner Seema Begum and her husband. Humayun used to live together with condemned prisoner Seema Begum, his sister-in-law and co-accused Moiful Bibi alias Saiera his Nani Shashuri. In the night at about 11/12 on 14.10....... Sheema Begum…………………………………………Appellant Vs. The State…………………………………………...Respondent (In Criminal Appeal No.343 of 2001) Saiful and Others…………………………………………Appellants Vs. The State………â€......lowar in a marked condition and thereafter she left the house of P.W.2 Ayesha Begum for his village Portashi. In her cross-examination she stated that khokon Talukder who has his house by south-east border of the Girl's school is a member of their family who used to live in the same house at village..Category: Criminal Law | Date: | Hits: 94
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and anothÂer, 2009, 38 CLC (HCD)
.... the accused brought for trial in respect of cases triable by a Court of Sessions and by a Court of Magistrate. These two sections indicate that when an accused is brought for trial before a Court of law the Court upon hearing the parties and on consideration of the record of the case and the docume...... Court Division (Criminal) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Nazrul Islam Mollah alias Nazrul Islam Mollah…………………Accused-Petitioner Vs. The State and anothÂer……………………Opposite Parties Judgment August 3, 2009. Result: T......5 of 2007 arising out of New Market Police Station Case No.32 dated 30.03.2007, now pending in the Court of the Chief Metropolitan Magistrate, Dhaka should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts giving rise to this Rul..Category: Criminal Law | Date: | Hits: 108
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
.... with the Registrar along with the original audit reports. This has led the Petitioners to suspect the revised audit reports to be products of an afterthought manifesting in that regard inherÂently flawed attempts at responding to allegaÂtions of misappropriation made in this Application. 3. Ye......Division (Statutory Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Aktar Hossain, Son of late M.A. Hakim Hawlader, Director of Capital Tower (Pvt.) Ltd. 11, Purana Paltan, Dhaka and others…………………………….Petitioners Vs. Capital Tower (Pvt.) Ltd. At prese......ion exercises ostensibly operating to the benefit of shareholders, has submitted on this being done to secure a much needed rearrangeÂment of the findings and format of the original Audit Reports in order to bring under proper headings expenses shown for construction materials and to reflect the Co..Category: Company Law | Date: | Hits: 177
Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)
....rfeiting his earned service charge as in Annexure-P and the rejection of his service appeal by the order communicated on 04.11.2002 as in Annexure-R should not be declared to have been passed without lawful authority and are of no legal effect. 2. Facts giving rise to the Rule Nisi, briefly, be p...... the River Research Institute, 37, North Road, Dhanmondi, Dhaka 1205…………………………………Petitioner Vs. The River Research Institute representÂed by the Director General Harukandi, Faridpur District-Faridpur and othÂers……………………………………Respondents ......i - For the respondent No.1. Writ Petition No.7462 of 2002. Judgment Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 27.4.2000 purporting to demote the petitioner as in Annexure-F and the order dated 17.1...Category: Employment/Service Law | Date: | Hits: 166
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....¦Respondent Judgment November 20, 2007. Result: The appeal is allowed. Presumption in a Criminal Trial The fundamental and basic presumpÂtion in the administration of the criminal law and justice delivery system is the innocence of the alleged accused till the charges are proved ......t Vs. The State……………………………………Respondent Judgment November 20, 2007. Result: The appeal is allowed. Presumption in a Criminal Trial The fundamental and basic presumpÂtion in the administration of the criminal law and justice delivery system is the......ence adduced by the accused in support of his defence to rest its case solely thereon………………(25) Burden of Proof in a Criminal Trial The party on whom the onus of proof lies must, in order to succeed, must have to prove the case beyond reasonable doubt. He cannot, on his failure to ..Category: Criminal Law | Date: | Hits: 108
Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
....ng Mill in which the accused Jahangir was in employment. P.W.5 Abdur Rahim has been tendered, P.W.6 Most. Jesmin Akter is the wife of the victim (P.W.2), P.W.7 Abdul Malek, is the victim's brother-in-law who made a complaint to the P.W.4 prior to the occurrence against the accused Jahangir. P.W.8 Md......or the Accused-Appellant. No one appeared - For the Respondent. Jail Appeal No.102 of 2004. Judgment Abdus Salam Mamun J.- This Jail appeal has been directed against the impugned Judgment and order of conviction and sentence dated 30th September 2003, passed by the Acid Aparadh Daman Tri......he Accused-Appellant. No one appeared - For the Respondent. Jail Appeal No.102 of 2004. Judgment Abdus Salam Mamun J.- This Jail appeal has been directed against the impugned Judgment and order of conviction and sentence dated 30th September 2003, passed by the Acid Aparadh Daman Tribuna..Category: Criminal Law | Date: | Hits: 103
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....re area of the Habira Union Parishad i.e. for the area covered by Ward Nos.1, 2, and 3 of the said Union Parishad and he has been performing his duties as such since 1961 without any hindrance to his lawful work as Nikah Registrar. Further, for smooth running of his business he also engaged one Mvi....... in:48 DLR (HCD) (1996) 372. ......of Civil Procedure of the plaintiff petitioner upon the opposite parties calling upon them to show cause as to why the prayer for amendment of the plaint should not be allowed after setting aside the order dated 24‑12‑85 passed by the Munsif, First Court, Tangail in Other Class Suit No.117 of 19..Category: Civil Law | Date: | Hits: 112
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
.... the impugned order of remand of Court of appeal below. His contention is, that there was no illegality in the Judgment and decree of the trial Court in dismissing the suits on a preliminary point of law as to the maintainability of the suit while disposing of an application for temporary injunction...... Sree Sree Ram Krishna Dev & ors.................Respondent Judgment July 18, 1993. Result: The First Miscellaneous Appeal is dismissed. Cases Referred to- Choumuhani College and another Vs. Md. Ismail Hossain and others, 26 DLR 10; 11 DLR 377; Tarangini Debi Vs. Govinde Mal......ka). First Miscellaneous Appeal No.4 of 1983 (Jessore). Judgment Md. Ansar Ali J.- This Miscellaneous Appeal at the instance of the defendant‑appellant is directed against the Judgment and order dated 23‑3‑83 passed by the learned Subordinate Judge, Narail in Title Appeal No.230 of 19..Category: Property Law | Date: | Hits: 113
Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)
.... to why the proceeding and order dated 18‑7‑96 passed in Money Suit No.6 of 1994 in the Court of Subordinate Judge and Artha Rin Adalat No.2 Dhaka should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to refrain......sion (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Eastern Bank Limited……………………………Petitioner Vs. Subordinate Judge and another………………………………Respondents Judgment February 5, 1997. Resu.......3344 of 1996. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioner Eastern Bank Limited calling upon the respondents to show cause as to why the proceeding and order dated 18‑7‑96 passed in Money Suit No.6 of 1994 in the Court of Subordinate Judge and Arth..Category: Civil Law | Date: | Hits: 119
Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)
....om my above discussion I do not mind anything to show that both the accused were engaged in smuggling of Indian sarees. The above observation of the learned Judge was perhaps, due to misconception of law. The learned Judge failed to take notice of the fact that there were two sub‑sections in secti......s at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ......e Appellants. No one - For the Respondents. Criminal Appeal No.2170 of 1992. Judgment Md. Hamidul Haque J.- In this appeal the convict appellant challengedthe validity of the Judgment and order passed by the learned Assistant Sessions Judge and Special Tribunal Judge, Sherpur in Special ..Category: Criminal Law | Date: | Hits: 79
Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)
....ferred the matter to arbitration and in the event of his success in the said arbitration proceeding, he will be entitled to damages and compensation. Mr. Huq contends that it is a settled position of law that where damages and compensation are an adequate remedy, injunction cannot be granted and, th......urt Division (Statutory Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Crown Maritime Co. (1) Ltd………………………Petitioner Vs. Royal Boskalis Westminster NV and others………………………Respondents Judgment August 17, 2009. Result: The ......l Hoque and Kazi Akhtar Hossain, Advocates - For the Respondents-Applicant. Arbitration Case No.3 of 2009. Judgment Zubayer Rahman Chowdhury J.- This is an application for vacating the order passed by this Court on 28-10-2009 directing respondent Nos.1 and 2 not to dispose of or sell ..Category: Alternative Dispute Resolution | Date: | Hits: 632
Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)
....defendant's mother vessel 'MV Vladivostok Senator' and in the feeder vessel 'MV Padma'. Such a cause comes under the provision of Section 6 of the Admiralty Courts Act, 1861, which was the prevailing law at the time of arising of cause of action of this suit. Section 6 of the said Act runs as follow......sp; ......plaintiff is a Bangladesh national residing permanently at House 11, Road 14, Dhanmondi Residential Area, Dhaka. While staying for 12 years in USA he came back to Bangladesh at the end of 1997 and in order to bring all his house hold articles worth US$ 34,500 to Bangladesh, he contacted the shipping..Category: Admiralty Law or Maritime Law | Date: | Hits: 693
....tha Rin Adalat Ain, 2003 (Annexure-A) being violating of the provision of Article 27 and 31 of the Constitution of the People's Republic of Bangladesh should not be declared to have been made without lawful authority and is of no legal effect and as to why the impugned Order No.4 dated 20.11.2005 pa......ed in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185.
......espondents
Judgment
May 18, 2010.
Result:
The Rule is made absolute in part.
The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003); section 34 (9)
The Adalat is empowered to pass an order of civil imprisonment against the judgment-debtor/s only after taking steps to sell the mortga..
Category: Civil Law | Date: | Hits: 127
Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
....f Bangladesh and others reported in 42 DLR (HCD) 434 wherein it has been held: "Failure to give specification of suit land-the plaintiff having failed to comÂply with the mandatory requirement of law in giving description sufficient to identify the suit land, they are not entiÂtled to any decre......formation and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ......On 01.03.1995 the defendants purchased 374 decimals of land from the suit land and have been posÂsessing the same by constructing homestead thereon and they did not erect house by violaÂtion of the order of status quo. The plaintiff has got no right, title and interest in the suit land and as such..Category: Civil Law | Date: | Hits: 181
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....r no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove the charge." 25. After reading of the above noted principle, we find a clear view of law as it stands today that interference of this court in exercise of its inherent power under Secti......er Vs. The State.......................Opposite party Judgment May 26, 2011. Result: The Rule is made absolute. Cases Referred to- Nazurl Islam Vs. The State, 13 MLR (AD) 157 and 184; Ali Akkas Vs. Enayet Hossain and othÂers, 17 ELD (AD) 44; Abdul Quader Chowdhury and other......ion Case No.60 dated 28.01.2010 under Sections 420/406/506 of the Penal Code, now pending in the Metropolitan Magistrate, Court No.11, Dhaka, should not be quashed and or pass such other or furÂther order or orders as to this Court may seem fit and proper. 2. The relevant facts for the purpose o..Category: Criminal Law | Date: | Hits: 104
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
....t No. 2, predecessor of the petitioners contested the said suit by denying the material allegations made in the plaint, contending, inter alia, that the suit is not maintainable, hopelessly barred by law of limitation, no cause of action has arisen for the suit and hit by Section 42 of the Specific ...... This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......e is made absolute. In a suit for declaration of title and for recovery of possession, the plaintiff must prove his cause of auction i.e. his possession in and dispossession from the suit land in order to prove that the suit is within time. Case Referred to- Fatema Khatoon others Vs. Naras..Category: Property Law | Date: | Hits: 106
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....o.170 dated 22.03.2009 passed by the learned Judge of the Artha Rin Adalat No.1, Dhaka in Artha Rin Jari Case No.80 of 2005 (Annexure-A to the petition, should not be declared illegal and without any lawful authority and/or pass such other order or orders as to this court may seem fit and proper. ......s Case is also Reported in: 16 MLR (HCD) (2011) 213. ......J. - On an application, under Article 102(2)(ii) of the Constitution of the People's Republic of Bangladesh this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order No.170 dated 22.03.2009 passed by the learned Judge of the Artha Rin Adalat No.1, Dhaka in Art..Category: Civil Law | Date: | Hits: 186
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