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Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....ne dacoit who was masked, directed the other dacoits to fasten her husband. She recognised him by his voice as Ayub Ali. Thereafter two dacoits tried to take her husband out of the house by tying his hands, but he somehow untied his hands. He was again fastened by folding his hands towards back with......ution case. In course of cross-examination, PW 1 stated that she knew Ayub Ali from before the date of occurrence. She denied the defence suggestion that she falsely implicated Ayub Ali out of enmity over litigation. she admitted that after the death of her husband, her mother-in-law sold landed pro......lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ..Category: Criminal Law | Date: | Hits: 38
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
....earned Additional Sessions Judge has accorded permission without application of judicial mind as if he were performing a routine work. 6. Mr. Munsurul Huq Chowdhury, learned Advocate, on the other hand, supports the order of the learned Additional Sessions Judge. According to the learned Advocate......fence under section 302 of the Penal Code. 2. Petitioner lodged an first information report with the Sathia Police Station on 13-11-99 against 24 accused persons including the opposite party No. 1 over the assassination of his brother Tofizuddin on 13-11-99 at about 8-30 AM. In the first informat...... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ..Category: Criminal Law | Date: | Hits: 43
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
....ftahuddin Choudhury J Shaherunnessa......Petitioner Vs. Shamsunnahar…….Opposite Party Judgment January 25, 2007. Cases Referred To- Sadak Ali vs. Suruj Ali 7 DLR 94; Amar Chandra Sana vs. Ajit kumar Das 33 DLR (AD) 37. Lawyers involved: Subrata Chowdhury, Advocateâ€......voter ID card and certificate issued by the local ward commissioner. 18. Upon the evidence, oral and documentary, on record, the trial Court decreed both the suits directing the defendants to hand over possession of the suit premises, money decree for arrears at the rate of Taka 3,000 per month f...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ..Category: Property Law | Date: | Hits: 35
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....qual shares. Indro Mohan and Mukta Sundari died without any issue and leaving Rajkumar as their only heir and legal representative. Rajkumar was survived by two sons, namely, Radhagobinda and Pratap Chandra. By successive devolution, Radhagobinda and others became owners in possession of said land. ......n plot No. 6163. Said land was also recorded as holding No. 47 Lal Chan Mokim Lane in the office of defendant No. 4, the DCC. 5. Then, on the requisition of the erstwhile DIT for making a road over the Dholaikhal in LA Case No. 37/1961-62 land measuring 0.3018 acre out of said 0.6864 acre was......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ..Category: Property Law | Date: | Hits: 32
Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)
....am Chowdhury J Abdul Halim (Md.)………………………….. Petitioner Vs. Abul Hasan Chowdhury Kaiser and others…..Respondent Judgment July 23, 2001. Lawyers Involved: Khandaker Mahbubuddin Ahmed with SM Monir, Advocates—For the Petitioner. Tania Amir with Bashir ......pondent No. 3, a citizen of Bangladesh by birth acquired citizenship of the United States of America on 30-5-1991. Subsequently, he (respondent No. 3) again acquired citizenship of Bangladesh by the government on 21-11-1995 under Article 2B(2) of the Bangladesh Citizenship (Temporary Provisions) Ord......ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42...Category: Administrative Law | Date: | Hits: 356
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
.... of village Paragaon came in a open jeep and kept it near Berolia Ferry Ghat and went to Eklal Miah's House. Thereafter aforesaid five captives were brought to Berolia Ferry Ghat with eyes folded and hand tied by cloth and they were compelled to board the jeep and taken to unÂknown destination. ......Ghat with eyes folded and hand tied by cloth and they were compelled to board the jeep and taken to unÂknown destination. 4. Upon this F.I.R. Police took up the investiÂgation of the case and recovered the dead bodies of the aforesaid 5 persons from a well of village Khagan 21/2 months after th...... the charge. They shall be set at liberty forthwith if not wanted in conÂnection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ..Category: Criminal Law | Date: | Hits: 30
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....f Commerce to which we would advert at the relevant portion of the judgment. 19. Mr. Md. Awlad Ali, the learned Advocate appearing on behalf of the plaintiff-respondent in this appeal on the other hand submitted that in the instant case the letter of indent constituted a contract between the buye......dvocate upon the defenÂdant company at Japan requesting them to pay the plaintiff a sum of Tk.24, 56,828/00 but having failed to obtain any the plaintiff is constrained to file the Money Suit for recovery of the said amount. 10. As the defendant company has no other properties movable or immovab......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....oom and found mother lying in the Veranda with a serious injury in the abdomen and chest and saw her in restless condition and shortly she succumbed to the injury. He also saw his father pressing his hand against wounds and said that appellant Dablu had murdered his mother Sajeda and caused injury t......er informant Ahsanul Kabir went to the thana at about 3.30 A.M. on the same night and lodged the ejahar stating the facts referred above. Officer-in-charge of the thana recorded ejahar which was read over and explained to informant who having admitÂted it to be correct put his signature thereon. Th......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...Category: Criminal Law | Date: | Hits: 61
M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)
....arable loss. He further submitted that the impugned order should be set aside by this Court in the facts and circumstances of the case. 4. The learned Advocate for the opposite party, on the other hand, strenuously argued that in the instant case the provision of section 10 of the Code of Civil P......t facts giving rise to this Rule are as follows:- The petitioner instituted on 12.7.86 Money Suit No.287 of 1986 against the opposite party Bank in the aforesaid Commercial Court No.1 Dhaka for recovery of a sum of Tk. 5,15,169.00 which was lying in deposit in the petitioner's C.D.A/C No.765 as c......bÂservation made above. Therefore, we make Rule abÂsolute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56...Category: Civil Law | Date: | Hits: 88
New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....nts Judgment October 31, 2001 Lawyers Involved: Dr. M. Zahir Senior Advocate, with AHM Mizanur Rahman, Advocates—For the Petitioner. AFM Hassan Ariff Attorney-General with Bhabesh Chandra Sarker Assistant Attorney-General—For the State. Writ Petition No. 3215 of 2001. Judg......rted in: 54 DLR (2002)33.......ial concerns. He has submitted that though there is some procedural defects in publishing the notification, but the purpose was to equalise the pay of workers of the private industrial concerns under management of different corporations. In this connection, he referred to Articles 14 and 19 of Part ..Category: Labour and Industrial Law | Date: | Hits: 96
ASM Shamsul Islam Rashedi Vs. Satellite Fishing Ltd. and others, 2001, 30 CLC (HCD)
....his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ......the pendency of this matter. The validity of the both has to be judge on the facts alleged, full particulars thereof should be given. But the petitioner could not give supportive evidence. 11. Moreover, the petitioner was the Managing Director of the company till 1995. For the failure of the Dire......nd the previous finance director had been appointed as the Managing Director of the company and a new chairman also appointed. 5. It is also stated in the petition that to change the nature of the management of the company a resolution should be passed by 75% issued shareholders as per Article 51..Category: Company Law | Date: | Hits: 220
....ested for release of 103. 1398 acres of land instead of 105.117 acres (Annexure-G). Thereafter the Ministry of Land Administration and Land Reforms by order dated 17-9-86 asked the ADC (LA), Dhaka to hand over possession of 103.1398 acres of land to the petitioners and others after realisation of th......Information vide Memo dated 16-3-1985 recommended to the Ministry of Land Administration for the release of the said 105.117 acres of land from requisition.
8. Pursuant to the said application, 5 Government after proper investigation decided to release 105.117 acres of land from requisition and t......hout lawful authority and to be of no legal effect.
In the result, the Rules are discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ..
Category: Property Law | Date: | Hits: 31
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....he Act submitted that as the order of dismissal was made appealable, the Court below on acted in excess of its jurisdiction in entertaining the application under section 151 of the Code. On the other hand, the learned Advocate on behalf of the opposite party submitted that as the hajira filed by him...... the provisions for statutory appeal does not in all circumstances disentitle a Court to invoke its inherent jurisdiction. The decision in 43 DLR (AD) 128 rather supports this proposition of law. Moreover, when a subordinate Court invokes its inherent jurisdiction for reasons recorded to grant a cha......se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ..Category: Civil Law | Date: | Hits: 69
Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)
.... suit reached to the peremptory stage 20-4-1999 was fixed for further hearing. Both plaintiff and defendant filed hajira. Defendant presented an application in the court for comparison of his alleged handwriting appearing in a Angikar Patra dated 30-12-95 and a Shikriti Patra dated 26- 2-1997 with h......efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ......efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ..Category: Family Law | Date: | Hits: 185
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....l Area, Dhaka in order to deliver up vacant possession to the petitioner. The government by another memo dated 12-3-82 addressed to six other inmates including the respondent No. 7 Jaleel Brothers to hand over their respective vacant possession to the Superintending Engineer or, in the alternative, ......the said proceedings should not be declared to have been taken without any lawful authority and to be of no legal effect. 2. The short facts leading to the issuance of the Rule are, that the then Government of erstwhile East Pakistan granted lease of a piece of land measuring 10.88 kathas to M/S ......t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ..Category: Anti-Corruption Laws | Date: | Hits: 232
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....parison in the absence of any admitted or proved initial of the defendant on record. 24. Lastly, he pointed out certain circumstances and submitted that as the plaintiff did not come up with clean hands he entitled to any decree whatsoever. 25. On the other hand, Mr. Rahul Alam Chowdhury, lear......ements were executed, in fact, it was an agreement amongst the plaintiff, defendant No. 1 and pro‑forma defendant Nos. 3 and 4 that defendant No. 1 would continue enjoying said 5.143 acres of land covered by two contracts and upon receipt of Taka 60,34,533 the remainder of the considerations from ......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ..Category: Civil Law | Date: | Hits: 78
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
.... before the expiry date for presentation of the document, that they were not bound to pay the plaintiff in accordance with the UCP rules, that the plaintiff did not negotiate the documents with clean hands, that Habib Bank did not pay any money to the supplier as far as they knew. The witness in his......f exchange they did not file any document showing payment to the supplier, that the bill of exchange is the order by the supplier on the importer to pay a certain sum of money to a certain person to cover the value of the goods exported, that he did not remember whether in the plaint he stated the f...... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ..Category: Business or Commercial Law | Date: | Hits: 202
....pect of one decimal of land as she occupied the land of petitioner's wife Mrs. Nuri Aktar illegally. In the 1st week of November, 2002 the petitioner and his wife requested said Ferdous Ara Khanam to hand over vacant possession of the said 1 (one) decimal of land in their favour which infuriated her...... Division
(Special Original Jurisdiction)
Present:
MA Wahhab Miah J
Shamim Hasnain J
Abu Jafar Md. Nurul Islam...................Petitioner
Vs.
DG, Department of EnvironÂment, Government of Bangladesh and others.........Respondents
Judgment
July 15, 2003.
Cases referr......6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
..
Category: Environmental Law | Date: | Hits: 226
Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
....al Procedure and as a result, the appellant was prejudiced. Therefore, the conviction and sentence cannot be sustained. 11. Mr. Waliur Rahman Khan, learned Assistant Attorney-General, on the other hand, submits that 2 bottles of Phensidyl Exhibit‑ I and II series were produced before the Court ...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ..Category: Criminal Law | Date: | Hits: 43
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....ivil Court and consequently, the suit should have been dismissed as being not maintainable in law. 6. Nikhilesh Dutta, the learned Advocate appearing for the plaintiff-opposite party, on the other hand, submits that the impugned order of dismissal is a self-contained complete order without any re...... the defendant-petitioners appeared to be that the plaintiff without approaching the Arbitration Committee and the Appellate Authority as provided by Clause 12 of the Service Regulations of the Non- Government Secondary High School Teachers, Order l979 the Dhaka Board directly filed the suit in the ......ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90...Category: Employment/Service Law | Date: | Hits: 72
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