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AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
.... view of the provision of law mentioned above and on perusal of that record it clearly appears to us that the learned Sessions Judge Rangpur illegally framed charge on 9-2-2009 without going to the root of the matter and the learned Sessions Judge, Rangpur had done glaring irregularities materiall......inal Procedure filed by the informant petitioner against the order dated 9-2-2009 for framing charge against the accused petitioner which was passed by the learned Sessions Judge, Rangpur in Sessions case No.383 of 2008 arising out of CR case No.300 of 2008 under section 138 of the Negotiable Inst..Category: Criminal Law | Date: | Hits: 99
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
....ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ......a there cannot be re-tender. 19. The Grounds Justifying rejection of ail tenders as contemplated Regulation 14 (2) of the Public Procurement Regulations, 2003 being totally absent in the instant case, the impugned re-tender is not only illegal but also without jurisdiction. 20. Having consid..Category: Others | Date: | Hits: 127
Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)
....nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ...... কোথাও সাকশেসন সার্টিফিকেট পাইবার জন্য কোন দরখাস্ত করে নাই।” 4. The schedule of the aforesaid case is as follows: “(ক) তপশীল সোনালী ব্যাংক, ঈশ্..Category: Civil Law | Date: | Hits: 136
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ......1974 and sentencing him to suffer rigorous imprisonment for 6 years and to pay a fine of Taka 20,000.00 in default to suffer simple imprisonment for one year along with another. 2. The prosecution case, in brief, is that, one Azizur Rahman Talukder, Inspector of Customs was on duty in transit lou..Category: Criminal Law | Date: | Hits: 100
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. ......r on 10‑12‑77 plaintiff paid the deficit Court‑fee which also finds support from the sharistader's note dated 10‑12‑77 recorded on the 1st page of the plaint. 11. Trial Court decided the case on merit treating the same as a suit for establishment of title and for partition on realising ..Category: Property Law | Date: | Hits: 97
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......li have preferred three separate appeals against their conviction and sentence. The appeals were heard along with the Death Reference and are being disposed of by this Judgment. 2. The prosecution case, in short, is that on 25‑4‑90 at about 11‑00 A.M. Md. Altaf Hossain the Cashier of Md. Al..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......or Khandker Abdur Rashid, all of whom were army officers, and some others were named as the persons who committed the offence. On receipt of the said First Information Report Dhanmondi Police started case No.10(10)96 dated 2‑10‑96 and took up investigation. 3. In the present petition under co..Category: Criminal Law | Date: | Hits: 107
State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)
....rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ...... for one year who also preferred Criminal Appeal No, 424 of 2001. The reference and the Criminal Appeals and jail Appeal are heard together and are disposed of by this Judgment. 2. The prosecution case of the informant Ayesha Begum who lodged the F.I.R. is that the condemned prisoner and the conv..Category: Criminal Law | Date: | Hits: 94
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)
....scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......ant and also threatened to kill him by gun fire. Thus, the accused deceived the informant and misappropriated his aforesaid money and, as such, the informant had no other alternative but to file this case. 4. The Police investigated the case and having found incriminating materials submitted ch..Category: Criminal Law | Date: | Hits: 108
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......sp; Company Matter No.139 of 2006. Judgment Syed Refaat Ahmed J.- This is an Application under Section 233 of the Companies Act, 1994 (hereinafter referred to as "the Act"). The facts of the case and the issues arising in relation to the same, and as discernible from a plethora of applicati..Category: Company Law | Date: | Hits: 177
Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)
....002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ......pondent No.1 upon the decision of the Board of Governors reverting the petitioner to his former post of Senior Scientific Officer (Annexure-F). 13. Now the core of the issues to be decided in this case is whether an Officer subordinate to the appointing authority, by delegation of power, can ..Category: Employment/Service Law | Date: | Hits: 166
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....ndicates that the evidence of prosecution witnesses are discrepant and inconsistent and evidence are unworthy of credit. It is well recognised that discrepancies of serious nature which strike at the root of prosecution case is fatal and the same makes prosecution case doubtful. 33. In the case u......ilt of the accused beyond all reasonable doubts always rests on the prosecution and on the failure, it can not fall back upon the evidence 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 who..Category: Criminal Law | Date: | Hits: 108
Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
....y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......y in lodging, the FIR was due to the informant's active involvement in arranging the treatment of his brother. 3. On receipt of the said FIR the Joydebpur Police Station started the Joydebpur P.S. case No.26 dated 10.8.2003 under sections 5(Ka)/7 of the Acid Aparadh Daman Ain, 2002 against all th..Category: Criminal Law | Date: | Hits: 103
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ......mits that power under Order 6 rule 17 of the Code of Civil Procedure is very wide and should be exercised leniently and judicially but not arbitrarily according to the facts and circumstances of each case and the well settled principles. Referring to the averments made in the plaint and the proposed..Category: Civil Law | Date: | Hits: 112
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ......ayer for recovery of khas possession of the suit‑land if the plaintiff was found out of possession of the suit land. The plaintiff further prayed for a declaration that the sale held in certificate case Nos.201‑A of 1969‑70 and 207 of 1969‑70 was illegal, fraudulent, and null and void. 3...Category: Property Law | Date: | Hits: 113
Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)
....nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ......rdinate Judge and another………………………………Respondents Judgment February 5, 1997. Result: The Rule is made absolute. Cases Referred to- Foley Vs. Hill, (1848) 2HL case 28; Rupali Bank Vs. Haji Ahmed Sowdager, 43 DLR 464=1991 BLD 508. Lawyers Involved: Rokan..Category: Civil Law | Date: | Hits: 119
Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)
....t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ......12 of 1992 convicting the appellant under section 25B of the Special Powers Act, 1974 and sentencing each of them to suffer RI for three years and to pay a fine of Taka 1000.00. 2. The prosecution case is that, while a Sub‑Inspector of Police along with some constables of police of Nalitabari P..Category: Criminal Law | Date: | Hits: 79
Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)
....ordingly, the application for vacating the order of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ......ation Act, 2001, an order of injunction should not be granted readily. However, on a reading of the judgment referred to above, it appears that the contention of Mr. Huq is not fully correct. In that case, the Apex Court held as under: "The contention of the learned Counsel for the petitioner tha..Category: Alternative Dispute Resolution | Date: | Hits: 632
Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)
....ated in particular, the same are taken in seriatim? Issue No.1: 13. This issue has not been pressed by the parties seriously which having touched the maintainability of the suit has gone to the root to it, and, as such, required to be examined by the Court on its own accord. 14. It appears ...... defendant Nos. 1 and 2, the P.W.1 stated that he is a relative of the plaintiff and the plaintiff is now residing in USA. He further admitted that he has no personal knowledge about the facts of the case and that he is deposing on the basis of the Power of Attorney granted by the plaintiff. He furt..Category: Admiralty Law or Maritime Law | Date: | Hits: 693
....municate this judgment to the respondent No.2, Artha Rin Adalat No.3, Dhaka at once.
Zinat Ara J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185.
......d decree the decree-holder-Bank put the decree into execution by filing Artha Jari Case No.281 of 2005 before the Artha Rin Adalat, 3rd Court, Dhaka.
3. During the pendency of the said execution case the decree-holder-Bank on 20.11.2005 filed an application under section 34(1) of the Ain, 2003 ..
Category: Civil Law | Date: | Hits: 127
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