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Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)

....be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......n witnesses are mostly related and partisan and their evidence suffers from material contradictions and infirmities and as such they have failed to prove the prosecution case vis‑a‑vis the place, time and the manner of occurrence, as alleged, beyond reasonable doubt. iv) That many of the mate......ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ..

Category: Criminal Law | Date: | Hits: 106

State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)

....ned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......ahar Dighi situated in plot No. 105 appertaining to C.S. Khatian No. 4 measuring 8.83 acres of land of mouza Shyamahar is their self acquired property which they have been possessing for a petty long time. On 03.06.1994 at about 10 hours in the morning when his brother Togor was getting ready for go...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......he condemned prisoner Dr. Md. Nurul Islam, in furtherance of their common object of all to kill Togor and take forcible possession of the Shyamahar Dighi, forming an unlawful assembly armed with fire arms and other deadly weapons of offence trespassed into the alleged Shyamahar Dighi and started pla..

Category: Criminal Law | Date: | Hits: 104

State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)

....gment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......weapon as a result of which his brain came out and he was damped in an empty house of water. The miscreants also dealt blows by different weapons on his companions and then they fled away. In the meantime, the Caretaker of the Farm, Towfiz informed the fact to the mother of the informant who then se......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 93

Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)

.... DLR (HCD) (1998) 403. ......t of Munsif, Barisal and was renumbered as Title Suit No.205 of 1978. Eventually the plaint was amended and the plaintiffs added a prayer for declaration of their title in the suit land. In course of time the said suit was transferred to the Court of the Munsif Gournadi and re-numbered as Title Suit...... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ...... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ..

Category: Procedural Law | Date: | Hits: 87

Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)

..... ...... that he would not be properly and legally dealt with and he has reasons to believe that the Magistrate would allow the prayer for remand made by the police to torture and humiliate him. 5. At the time of issuance of the Rule petitioner was enlarged on ad-interim anticipatory bail to the satisfac......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ..

Category: Criminal Law | Date: | Hits: 93

Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)

....9. ......tive submission it is necessary to quote the provisions of sub-section (3) of section 491 of the Code which is as follows: “Nothing in this section applies to persons detained under any law for the time being in force providing for preventive detention”. There is no dispute that detention of the......in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ..

Category: Criminal Law | Date: | Hits: 72

Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)

..... Security Exchange Commission……………………………Complainant Judgment December 9, 1997. Result: The References are rejected. Cases Referred to- Khoreshed Alam Vs. State, 27 DLR 111; Abdul Ali Vs. State, 30 DLR (SC) 58; Dost Mohammad Vs. State, 29 DLR 122; Siraj Mia......egarding the authorization of Mr. MA Rashid Khan as he was not authorised by the commission by a gazette notification under section 28 of the said Ordinance and prayed for considering the same at the time of hearing the revisions before him. Learned Sessions Judge did not pass any order on receipt o......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ..

Category: Business or Commercial Law | Date: | Hits: 219

Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)

....ions may not necessarily be taken as approved. In the result therefore this appeal is dis­missed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364.......ant is not liable for loss were raised. 2. The trial Court noticed that the suit was filed on 20.7.65 that was beyond 6 months from the date of notice dated 24.9.64 and as such the suit itself was time barred as provided by section 109. In this view of the matter the suit was dismissed. 3. The......No.25 of 1970). Judgment Badrul Haider Chowdhury J.- This appeal by special leave arises out of Money Suit No.127 of 1965 filed by respondent Nos. 1 and 2 as plaintiff against the appellant for recovery of an amount of Tk. 12,000/- as compensation for non-delivery of six cases of umbrella clot......nstruc­tion of the sections may not necessarily be taken as approved. In the result therefore this appeal is dis­missed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364...

Category: Civil Law | Date: | Hits: 112

Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)

....f both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ...... pay rent. But in this case plaintiff never paid any rent either to the Pourashava or to the defendant No.4. He was simply a tresspasser. Even after his eviction on 6.5.73 he sat quiet over 4 months' time and then brought the suit. The suit is for declaration of his tenancy. We have searched in vain......e defendants 4 to 7 to consider as to the correctness of the decision of the Courts below in the facts and circumstances of the case. 5. The suit was for a declaration of the tenancy right and for recovery of possession in respect of the suit premises and for compensation for costs of goods and f......d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ..

Category: Property Law | Date: | Hits: 99

Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead his heirs: Amena Khatun and others, 1982, 11 CLC (AD)

....Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 338. ......Khatian; namely, Khatian No.18, fresh assessment of correct tent dues against H.E. Percival was made and fresh notice under section 7 of the Public Demands Recovery Act was prepared. Since in the meantime it was reported that the Certificate Debtor had died, notice under section 43 upon the legal he......tian No.18 was sold in auction for arrears of rent and the pre-emptors were not co-sharers in the said Khatian. H.E. Percival was a recorded tenant in respect of Khatian Nos. 14, 18, 20 and 24 and of recovery of a huge arrear of rent in respect of those Khatians Certificate Case Nos. 408, 109, 411, ......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 338. ..

Category: Property Law | Date: | Hits: 128

Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)

....ivision (Criminal Miscellaneous Jurisdiction) Present: AKM Fazlur Rahman J ANM Bashirullah J Nasiruddin Ahmed Pintu (Md.)…………………………..Accused-Petitioner Vs. State………………………….Opposite Party Judgment October 28, 2010. Result: The ......der section 561A of the Code of Criminal Procedure the case should be quashed. 6. On that application under section 561A of the Code of Criminal Procedure the petitioner obtained this Rule. At the time of issuance of the Rule further proceeding of the Special Case was stayed. At the time of heari......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214...

Category: Criminal Law | Date: | Hits: 230

Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)

....dy fails to comply any order passed under the Labour Court then he can only be prosecuted and punished under section 307 of the Labour Act. Thus as per the above law the prime requirements first is that, there must be an order of the Labour Court and a person is found to be disobliged or did not com......ich has not been com­plied with by the petitioners and accordingly can be said committed an offence as stated above under section 307 of the Bangladesh Labour Act. It is well settled by this time that this is not wise to bring the civil dispute before the Criminal Court in order to put pres......eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ..

Category: Labour and Industrial Law | Date: | Hits: 201

Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)

....urt Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Dr. Kamal Hossain and others.......................Accused Petitioners Vs. State......................Opposite Party Judgment May 25, 2010. Result: The rule is made ...... Attorney-General sur­reptitiously appeared to the residence of Chief Justice who passed the order in absence of the lawyers of the petitioners in an unprecedented man­ner, although at the relevant time Judge-in-Chamber of the Appellate Division being duly constituted was hearing urgent stay matte......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ..

Category: Criminal Law | Date: | Hits: 132

Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)

.... Case Referred to- Manager, Sonali Jute Mills Ltd. Vs. Secretary Sonali Jute Mills Workers Union and others, 30 DLR 141. Lawyers Involved: Md. Khalilur Rahman with Syada Afsar Jahan, Advocates - For the Petitioner. Quamrul Huq Siddique, Advocate - For the Respondents. Writ Petition......ks impugned judgment of the Labour Court mainly on three grounds namely (1) That agreement dated 21-11-84 (28-11-84) Annexure-D was meant for applicable to only 44 incumbents who were eligible at the time of the agreement and was not meant for and applicable to any future incumbents; (2) The agreeme......t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ......t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ..

Category: Labour and Industrial Law | Date: | Hits: 281

Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)

....98) 393.......ty @ 10% on the ex-factory prices of the Super Enamelled Copper Wire and Hard Drawn Bare Copper Wire as approved by the Zonal Officers of the Customs and Excise was realised from the customers at the time of sale. That by a letter dated 20-7-1986 the relevant circle of Customs and Excise had informe......retation of the excise tariff and the petitioners were asked to pay 20% excise and regulatory duty on that time onward and that demand notice for the said short levy would be issued in due course for recovery of the same. Subsequently, the Assistant Collector of Customs and Excise, Division-4, Chitt......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393...

Category: Fiscal/Taxation Law | Date: | Hits: 169

Karamat Ali and others Vs. Government of People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

.... Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 372. ......8 of our Constitution. Mr. Farooqui referring to section 4 of the Ordinance No.54 of 1985 submits that it has been stated therein that in pursuance of a notice in any form issued thereunder at any time before 30th October, 1988 the Government may take over possession of any abandoned property or ...... by equality clause under Articles 27 and 31 of our Constitution. He submits that thereby classification has been made by this Ordinance. He further submits that the Government may institute suit for recovery of abandoned property if those were not included in the list. He next submits that equals a....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 372. ..

Category: Property Law | Date: | Hits: 150

Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....he Secretary and others………………Respondents Judgment October 23, 1997. Result: The petition is rejected in limine. Lawyers Involved: Dr. Kamal Hossain with HR Sharif, Advocates - For the Petitioner. Writ Petition No. 6762 of 1997. Judgment AM Mahmudur Rahman J.- ......Articles 27, 29 and 31 of the Constitution and, as such, needs to be struck down. The Additional Attorney-General appearing on behalf of the Government of the People’s Republic of Bangladesh at the time of hearing of this petition seriously contends that the petitioner is a member of the disciplin...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ..

Category: Employment/Service Law | Date: | Hits: 244

A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)

....s set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......er, on 25.6.79 moved the High Court Division in Criminal Revision case No.316 of 1979 for quashing of the said case and the High Court Division also granted stay of all further proceeding. In the meantime on 8.6.79 one Md. Shahib Ali filed a petition before the Deputy Commissioner Bogra stating that......he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324...

Category: Criminal Law | Date: | Hits: 81

Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)

....ons of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ......pplying for the Letters of Administration and filed Civil Suit No.8 of 145 but as he could not legally prove the execution of the will withdrew the same with liberty to file it afresh. During his lifetime or when the attesting witnesses were alive he did not file any suit and after his death one of ...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ..

Category: Property Law | Date: | Hits: 80

MA Sattar Vs. State, 1997, 26 CLC (HCD)

....shing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258.......District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258.......District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258.......District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258...

Category: Criminal Law | Date: | Hits: 90